<text>TITLE: TAIWAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 e. Acceptable Conditions of WorkThe Taiwan Labor Standards Law (LSL) mandates labor standards.According to the CLA, in May the law covered 3.54 million ofTaiwan's 6.1 million salaried workers. The law is not well enforced in areas such as overtime work and pay or retirementpayments.The law limits the workweek to 48 hours (8 hours per day, 6days per week) and requires 1 day off in every 7 days. As ofAugust, the minimum wage was set at approximately $540 (NT14,010) per month. This is less than that needed to assure adecent standard of living for a worker and his family.However, the average manufacturing wage is more than double thelegal minimum wage, and the average for service industryemployees is even higher.The 1991 revised Occupational Safety and Health Law enlargedcoverage to include workers in agriculture, fishing, andforestry industries and appeared to strengthen penalties forsafety violations; however, it still provides only minimalstandards for working conditions and health and safetyprecautions. Article 13 of the Occupational Safety and HealthLaw gives workers the right to remove themselves from dangerouswork situations without jeopardy to continued employment. Somecritics see the law as a step backward; they note, for example,that general contractors are not responsible for the safety ofthose working for subcontractors under the revised law.The 1993 Labor Inspection Law was designed to strengthen theenforcement of labor standards and health and safetyregulations. It increased the number of enterprises and typesof safety issues to be inspected; gave inspectorsquasi-judicial rights; required preexamination of dangerousworking places such as naphtha cracking plants, pesticidefactories, and firecracker factories; and raised penalties forviolations. Critics say, however, that the CLA does noteffectively enforce workplace laws and regulations because itemploys too few inspectors. In 1994 there were fewer than 300inspectors for the approximately 300,000 enterprises covered bythe Occupational Safety and Health Law. Because the new lawexpanded coverage to include more enterprises, the inspectionrate actually declined. Since most enterprises are small,family-owned operations employing relatives who will not reportviolations, actual adherence to the hours, wage, and safetysections of various labor laws is hard to document but isthought to be minimal in the smaller enterprises.Because of Taiwan's acute labor shortage, there has been alegal influx of foreign workers in the last several years. Thelaw stipulates that foreign workers who are employed legallyreceive the same protection as local workers. However, authorities say that in many cases illegal foreign workers aregiven board and lodging but no medical coverage, accidentinsurance, or other benefits enjoyed by individuals fromTaiwan. In addition, critics say that conditions in many smalland medium-sized factories which employ illegal labor aredangerous, due to old and poorly maintained equipment. Illegalworkers remain vulnerable to exploitation, includingconfiscation of passports, imposition of involuntary deductionsfrom wages, and extension of working hours without overtime pay.In October a Council of Agriculture survey showed that 75percent of boat owners admitted to hiring illegal mainlandChinese seamen to work on fishing boats. Because of Taiwanrestrictions on the entry of mainlanders (see Section 2.d.),the mainland fishermen were generally poorly housed on"floating hotels" located 12 nautical miles offshore, outsideTaiwan's jurisdiction; 90 percent of the owners calledconditions on these floating hotels inhumane. The plight ofthese workers was highlighted in July when one of severalfloating hotels was caught in the first typhoon of the seasonand sank, drowning 10 mainland workers and one from Taiwan.</text>
</content>
<name> </name>
<script></script>
</card>
card_79876.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TAIWAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995The Parade and Assembly (P&A) Law permits peacefuldemonstrations as long as they do not promote communism or advocate Taiwan's separation from mainland China and areapproved in advance by the authorities. The 1992 amendments tothe law increased penalties for violating orders to disperse.Demonstration organizers can be prosecuted and fined for harmto public order, interference with public functionaries(usually the police), assembly without a permit, or divergingfrom officially authorized routes. Demonstrators are alsoliable for "insults or slander" of the authorities.Critics question the need for all assemblies to apply foradvance permits; in August, groups demonstrating peacefully atthe LY were dispersed under P&A law provisions because theylacked permits. In general, the authorities disperse suchgatherings rather than prosecute peaceful P&A Law violators.Those prosecuted under the P&A Law in 1994 included the groupindicted for participating in the violent August 1demonstration in Taipei (see Section 2.a.) and another 22people indicted for participating in the brawling whichprevented the Chinese New Party from holding a September 25rally in Kaohsiung (see Section 3). In addition, VOT radioowner Hsu Jung-Chi was sentenced in October twice for violatingthe P&A law. He received 8 months' imprisonment for inciting aFebruary demonstration by taxi drivers in front of the Ministryof Finance to protest the high cost of mandatory insurance andwas sentenced to a further 5 months for inciting anotherdemonstration in April to protest the razing of the KMTheadquarters building. Hsu remains free on bail whileappealing these sentences. Charges against Hsu are alsopending for organizing the August 1 demonstration in Taipei.A 1992 revision of the Civic Organization Law removed from theEY the power to dissolve political parties. This power nowresides in the Constitutional Court, composed of members of theJudiciary's Council of Grand Justices. Grounds for dissolutioninclude objectives or actions which are deemed to jeopardizethe existence of the "Republic of China." The ConstitutionalCourt heard no cases in 1994. c. Freedom of ReligionThe Constitution provides for freedom of religion, and theTaiwan authorities respect this right in practice. There is noestablished or favored religion. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe authorities do not restrict freedom of internal travelexcept for a few military and other restricted areas. Foreigntravel by Taiwan passport holders resident on the islandrequires an exit permit. Nonresident Taiwan passport holdersare usually issued "overseas Chinese" passports and requireentry permits to travel to Taiwan. According to 1992 revisionsto the National Security Law (NSL), entry permits may berefused only if there are facts sufficient to create a strongsuspicion that a person is engaged in terrorism or violence.Reasons for entry and exit refusals must be given, and appealsmay be made to a special board. No exit or entry permitrefusals were reported during 1994.In 1993 new measures guaranteed that holders of Taiwanpassports who normally reside abroad may return and regaintheir household registration, a document required forparticipation as a candidate in an election.In late 1993, the Ministry of Interior (MOI) announced that the"blacklist problem," the listing of overseas dissidentsexcluded from returning to Taiwan, no longer existed. However,a few foreign supporters of the Taiwan opposition claim thattheir entrance remains restricted.Although dissident leader Ming Shih (see Section 2.a.) returnedto Japan, the Taipei district prosecutor's office indicted himin October on charges of violating the NSL and forgery becausehe had entered Taiwan with an altered passport. Chargesinvolving illegal entry as well as document forgery were alsostill pending at the district court against independenceactivist George Chang.While the 1992 NSL amendments eased restrictions on the entryinto Taiwan of persons from Taiwan who reside overseas,relatively tight restrictions on the entry of Chinese from themainland remain in force. The Entry and Exit Bureau states therestrictions are required to maintain Taiwan's stability andprosperity (since Taiwan is an attractive destination forillegal immigration by mainland Chinese who can blendrelatively easily into Taiwan society). Some 60,000 mainlandChinese visited Taiwan from November 1988 through the end of1993; in the same period, 5.5 million trips were made by Taiwanresidents to the mainland. Taiwan has no law under which noncitizens can ask for asylum.However, the authorities have been reluctant to return to themainland those who might suffer political persecution there.In 1994 the authorities resettled abroad fivedetainees--including student activist Xu Lifang, who hadentered Taiwan in 1991 on a counterfeit Salvadoran passport, aswell as four others who had claimed in 1993 that they had leftthe mainland for political reasons. In general, however,Taiwan does deport to the mainland, under provisions of theMainland Relations Act, those mainlanders who illegally enterthe island.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentIn 1994 Taiwan made significant progress in its transition to ademocratic, multiparty political system. An extraordinarysession of the National Assembly (NA) passed constitutionalamendments which require direct popular election of thePresident and the Vice President beginning in 1996. (The NA,which meets regularly only every 4 years, has authority overconstitutional revisions.) Currently these two officials areelected by the NA. Other amendments established procedures toimpeach or recall the President and Vice President and to allowoverseas Chinese who return to Taiwan to vote in presidentialelections. In early July, the Legislative Yuan (LY) passedlegislation which allowed the direct popular election of theGovernor of Taiwan province and the mayors of the two largecities of Taipei and Kaohsiung, all of whom had previously beenappointed by the KMT. Other democratic advances were Taipeicounty's first use of a plebiscite to elicit voter opinion andits first recall campaign, both of which arose out of acampaign by the Environmental Protection Alliance against aproposal to build a fourth nuclear power plant in the county.Elections for the NA in 1991 and the LY in 1992 allowed votersto choose directly the full membership of these centrallegislative institutions for the first time since the 1940's.The December gubernatorial and mayoral elections were generallyfree and fair and were vigorously contested. Over 75 percentof eligible voters participated. However, allegations ofvote-buying and some campaign violence marred the elections.The KMT won the first election ever held for governor of Taiwanprovince as well as the first election since 1979 for mayor ofKaohsiung, Taiwan's second largest city. The DPP won the firstelection since 1964 for mayor of Taipei, a race in which the Chinese New Party (CNP), a breakaway KMT faction, came insecond.While there are now over 70 (mostly very small) politicalparties functioning in Taiwan, only 3 of them hold real power:the Nationalist Party (KMT), the DPP, and the CNP. The KMT,although much reduced in size from the days when it was theonly significant party, is still, with 2 million members, byfar the largest. It also benefits from its domination of thebroadcast media, from ownership of enterprises and businessholdings estimated to be worth in excess of $6 billion, andfrom the fact that its members still hold most key positions inthe authorities, sometimes concurrently with important partypositions.The DPP, established in 1986 even before additional politicalparties were legalized, remains the main opposition party; ithas one-third of the members in the LY (50 of 153 at year'send), holds 7 (of 23) mayor and magistrate posts--including themayor of Taipei, and has an estimated 70,000 members. The CNP,established in 1993 by younger KMT members who opposed theKMT's domination by the "mainstream" supporters of ChairmanLee, holds seven LY seats and claims 44,000 members. The CNPdemonstrated its strength in northern Taiwan by winning 11 ofthe 52 seats on the Taipei municipal council during theDecember election. The DPP and CNP, supported at times by thefive independent legislators, played a major role in the LYdespite the KMT's majority. During the LY's second session,beginning in September, for example, the KMT lost itstraditional majorities on the foreign affairs, nationaldefense, and education committees, giving its politicalopponents an increased voice in legislative debates on theseissues.Following March elections for city and county council speakersand deputy speakers, Justice Minister Ma Ying-Jeou, supportedby President Lee Teng-Hui, led a widespread crackdown onelection bribery. More than 330 of the 883 council members whohad been elected in January, along with 131 others wereindicted as a result of this investigation. The overwhelmingmajority of these were KMT members. Of those indicted, morethan 280 received sentences ranging from a few months to morethan 7 years in prison; the council members remain in office,however, pending appeals of their sentences to the high court.The Constitution provides for equal rights for women, but theirrole in politics, while increasing, remains limited. Nevertheless, a number of women hold senior positions in theGovernment and the KMT, including Minister without Portfolioand KMT Central Standing Committee (CSC) member Shirley Kuo (aformer finance minister), KMT Deputy Secretary General andformer CSC member Jeanne Tchong-Kwei Li, the Director Generalof the National Health Administration, and one major general inthe armed forces. In addition, 15 of 153 LY members, 42 of 325NA members, 13 of 77 provincial assembly members, 3 of 29Control Yuan members, and 205 of 1,221 judges are women.Aborigine representatives participate in most levels of thepolitical system, partially through six reserved seats in thenational and legislative assemblies and two seats in theprovincial assembly--half of each elected by the PlainsAborigines and half by Mountain Aborigines. Other appointedofficials who are Aborigines include the chief of the Ministryof Interior's Aborigine Affairs Section, the deputy director ofthe provincial Aborigine Affairs Bureau, and the chairman ofthe Pingtung county KMT Committee. In addition, the electedmagistrate of Taitung county is an aborigine.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe principal human rights organizations are theestablishment-oriented Chinese Association of Human Rights(CAHR) and the opposition-aligned Taiwan Association for HumanRights (TAHR). Coordination between the two bodies islimited. Despite the authorities' refusal to register it (seeSection 2.b.), TAHR continues to operate. Both organizationsinvestigate human rights complaints, many of which come topublic attention through the media and statements by lawmakersfrom all political parties.The authorities permit representatives of international humanrights organizations to visit Taiwan and meet citizens freely.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution provides for equality of citizens before thelaw "irrespective of sex, religion, race, class, or partyaffiliation." Other laws guarantee the rights of disabledpersons. While the authorities are committed to protectingthese rights, some areas of discrimination continue to exist. WomenThe law prohibits sex discrimination, and many discriminatorysections of the Legal Code relating to divorce, property, andchild custody have been eliminated in recent years. InSeptember the Council of Grand Justices (CGJ) declaredunconstitutional a Civil Code provision dating back to the1930's which gives fathers priority in child custody disputes.However, the CGJ ruling invalidating this provision does nottake effect for 2 years.Taiwan does not have an equal employment rights law, andenforcement of existing sex discrimination laws remains aproblem. Labor laws provide for maternity leave, but employersdo not always grant it. Women have also complained of beingforced to quit jobs upon marriage or because of age orpregnancy. Women often complain of less frequent promotionsand lower salaries than their male counterparts.Domestic violence, especially wife beating, is a seriousproblem. According to a survey by the Taiwan provincial SocialAffairs Department in March, 17.8 percent of married women havebeen beaten by their husbands. The DPP Women's DevelopmentCommittee said other statistics showed 35 percent of marriedwomen were victims of spouse abuse. The issue was highlightedby the conviction in February of Teng Ju-Wen, who was sentencedby the district court to 5 1/2 years in prison for murderingher husband, despite her claim to have been a victim of herhusband's abuse for many years; her sentence was later reducedto 3 1/2 years on appeal. According to Taiwan laws, aprosecutor may not investigate domestic violence cases until aspouse files a formal lawsuit. Although some cases areprosecuted, strong social pressure discourages abused womenfrom reporting incidents to the police in order to avoiddisgracing their families.Rape also remains a serious problem, and its victims aresocially stigmatized. One expert believes that only 10 percentof the estimated 7,000 rapes occurring annually are reported tothe police. Under Taiwan law, the authorities may notprosecute for rape; only the victim may file a complaint. TheCriminal Code establishes the punishment for rape as not lessthan 5 years' imprisonment, and those convicted are usuallysentenced to from 5 to 10 years in prison. The standardpractice followed by the MOJ is to assign female prosecutors torape cases and to have the cases heard before female judges.Because rape trials are public, women have been reluctant to prosecute their attackers--although support from feminist andsocial welfare organizations has made victims more willing tocome forward and press charges. In a May demonstration inTaipei, 1,000 people demanded better legislation to preventsex-related crimes and called on the Minister of Education toresign for failure to handle sexual harassment and rape caseson college campuses.In April a group of Taiwan women married to foreigners held apress conference to claim discrimination because their husbandsare not given residence or working rights in Taiwan and theirchildren are not allowed to enter public schools. After theissue was raised, the authorities announced that foreignhusbands would be allowed to stay in Taiwan for 6 months at atime rather than being given residence permits for shorterperiods. The authorities noted that special registrationpermits are available to allow the children of Taiwan womenwith foreign husbands to attend public schools. Officialsnote, however, that some of these regulations will continue toexist until nationality laws are amended.Prostitution, including coerced prostitution and childprostitution (see below), is also a problem in Taiwan althoughthere is little public attention to the adult prostitutionissue. When the police discover illegal prostitution, thecases are prosecuted according to the Criminal Code. However,the authorities do accept the existence of registered houses ofprostitution, especially in urban areas including Taipei andKaohsiung. ChildrenThe Constitution has provisions to protect children's rights,and the authorities are committed to support them. Educationfor children between 6 and 15 years of age is compulsory andenforced. The Constitution provides that spending on educationshall be no less than 15 percent of the central budget, 25percent of the provincial and special municipality budgets, and35 percent of the county and city budgets.Child prostitution is a serious problem involving between40,000 and 60,000 children, an estimated 20 percent of themaboriginal children (see Indigenous People section below).Most child prostitutes range from 12 through 16 years of age.The Juvenile Welfare Law enables juvenile welfare bodies,prosecutors, and victims to apply to courts for termination ofguardianship of parents and the appointment of qualified guardians if parents have forced their children intoprostitution. If children are engaged in prostitution of theirown free will, and the parents are incapable of providing safecustody, the courts may order competent authorities to providecounseling education for not less than 6 months and not morethan 2 years. However, legal loopholes and cultural barriersremain obstacles to prosecution. For example, if both parentshave sold a child into prostitution, the current law requiresthe victim to lodge a complaint before prosecution isundertaken. In many cases, the child is reluctant or afraid todo so. According to some reports, violence, drug addiction,and other forms of coercion are used by brothel owners toprevent girls from escaping. In addition, laws directedagainst customers and pimps of child prostitutes are weak.Child abuse is also a significant problem. The Chinese ChildWelfare Foundation reported in July that 2,080 child abusecases occurred in Taiwan from June 1993 through July 1994--anincrease of 245 from the previous year; the Foundation saidthat 80 percent of the abuse came from children's divorcedparents. The 1993 revision of the Child Welfare Act mandatesthat any persons discovering cases of child abuse or neglectmust notify the police, social welfare, or child welfareauthorities, that child welfare specialists must do so within24 hours, and that the authorities involved must issue aninvestigation report within 24 hours. Both the MOI SocialAffairs Department and private organization specialists assertthat these requirements are being followed. Indigenous PeopleTaiwan's only non-Chinese minority group consists of theaboriginal descendants of Malayo-Polynesians alreadyestablished in Taiwan when the first Chinese settlers arrived.The ethnic identification of these indigenous people wasclarified in July as the NA passed a constitutional amendmentofficially changing their name from "mountain people" to"Aborigines." According to Ministry of Interior statistics,there were 357,000 Aborigines in Taiwan in 1993. More than 70percent are Christian.In general, the civil and political rights of aborigines arefully protected under law. The NA amended the Constitution in1992 to upgrade the status of Aboriginal people, protect theirright of political participation, and ensure cultural,educational, and business development. In addition, theauthorities have instituted social programs to help them assimilate into the dominant Chinese society. As part of itsefforts to preserve ethnic identities, the Ministry ofEducation now includes some Aboriginal-language classes inprimary schools.Although they face no official discrimination, the Aborigineshave had little impact over the years on major decisionsaffecting their lands, culture, traditions, and the allocationof their national resources. In addition, they complain theyare prevented from owning ancestral lands in mountain areasunder the authorities' control, some of which have beendesignated as national parks. A group held a demonstration atTaiwan's major tourist site, Taroko Gorge, in October to demandthey be allowed to hunt and raise crops on ancestral lands evenif those lands are now within national parks. Aborigines claimalso that they face significant cultural and economicbarriers. The average income of Taiwan's Aborigines remainsless than half of the national average. According to MOIstatistics, only 52 percent receive elementary educations.Researchers have found alcoholism to be a significant problemamong the Aborigines, with alcohol addiction rates exceeding 40percent among members of three of the nine major tribes.Aborigines are not allowed to use non-Chinese personal names onlegal documents.The sale of Aboriginal girls by their parents into prostitutionis a serious social problem (see Children section above). Theauthorities have targeted 30 aboriginal villages for visits bysocial workers, provision of allowances, and vocationaltraining to reduce the child prostitution problem. While theresults of this particular program are not yet available, theMOI Social Affairs Department points out that the policediscovered fewer cases of child prostitution in 1994 than in1993, indicating a possible reduction in the problem. People with DisabilitiesThe Disabled Welfare Law was revised and strengthened in 1990.It prohibits discrimination against the disabled and setsminimum fines at approximately $2,400 for violators. Newpublic buildings, facilities, and transportation equipment mustbe accessible to the handicapped. Existing public buildingsare to be brought into conformity by 1995.The MOI changed its official statistics in 1994 to show morethan 280,000 disabled people in Taiwan rather than the 230,000it recognized in 1993. A leading expert in the field, however, noted that, although the statistics have changed, the actualnumber of disabled is far larger than 280,000. The true figureis probably between 400,000 and 500,000--possibly as high as700,000. One-third of the disabled are severely handicappedand receive shelter or nursing care from the authorities.The Disabled Welfare Law requires large government and privateorganizations to hire disabled persons, 2 and 1 percent oftheir work forces respectively. Organizations failing to do somust pay, for each disabled person not hired, the basic monthlysalary (approximately $540) into the Disabled Welfare Fund,which supports institutions involved in welfare for thedisabled. However, many organizations complain that it isdifficult to find qualified disabled workers and appear toprefer to pay the fines involved. The authorities have notedthe impact of a traditional belief that the disabled lack theability to do real work.Section 6 Worker Rights a. The Right of AssociationA number of laws and regulations limit the right ofassociation. Labor unions may draw up their own rules andconstitutions, but they must submit these to the authoritiesfor review. Unions may be dissolved if they do not meetcertification requirements or if their activities disturbpublic order. According to the authorities, no unions havebeen dissolved, although certification of new unions was deniedin several cases during 1994 because competing unions werealready in existence. The Labor Union Law prohibits civilservants, teachers, and defense industry workers fromorganizing and bars administrative staff who act on behalf ofemployers from joining labor unions.The Labor Union Law requires that union leaders be electedregularly by secret ballot, and, in recent years, workers havesometimes rejected KMT or management-endorsed union slates.Some workers have established independent unions andfederations under other names, such as "friendshiporganizations" and "brotherhood alliances." These groups mayregister with the MOI as legal civic organizations but not aslabor unions; thus they are not protected by the Labor UnionLaw and do not have the right to bargain with their members'employers. Unions may form confederations, but no administrative district,including a city, county, or province, can have competing laborconfederations; therefore there is only one Taiwan-wide laborfederation: the Chinese Federation of Labor (CFL). The CFL isclosely associated with the KMT. A standing member of theCFL's board of directors is a member of the KMT's CentralStanding Committee. The restriction on island-wide unions waschallenged, however, in September when 12 unions from state-runenterprises announced they would withdraw from the CFL andestablish a new national federation of labor unions ofstate-run enterprises. Of the CFL's 2.9 million members, morethan 300,000 work at state-run enterprises. The drive forindependent labor unions lost momentum in recent years due togenerally higher wages, tougher tactics on the part ofemployers, the small scale and poor organization of mostunions, and prosecution of labor activists by the authoritiesin the past. No labor activists were charged during 1994.Taiwan is not a member of the International LaborOrganization. The CFL is affiliated with the InternationalConfederation of Free Trade Unions. b. The Right to Organize and Bargain CollectivelyExcept for the categories of workers noted in Section 6.a.above, the Labor Union Law and the Settlement of Labor DisputesLaw give workers the right to organize and bargaincollectively. As of June, some 3.3 million workers,approximately 35 percent of Taiwan's 9-million labor force,belonged to 3,654 registered labor unions.Under the Labor Union Law, employers may not refuse employmentto, dismiss, or otherwise unfairly treat workers because theyare union members. In practice, however, union leaders havesometimes been dismissed without reasonable cause by employers,and observers point out that the law sets no specific penaltiesfor violations. According to the National Federation ofIndependent Trade Unionists, about 400 trade unionists andsupporters have been fired since Taiwan's labor movement beganto expand after the 1987 lifting of martial law. Someobservers believe that the firing of seven Evergreen HeavyIndustries union leaders in August was in fact due to theirunion activities.The Collective Agreements Law provides for collectivebargaining but does not make it mandatory. Since suchagreements are made only in large-scale enterprises, and less than 5 percent of Taiwan's enterprises fall into this category,the proportion of workers covered remains small. Employers setwages generally in accordance with market conditions.The law governing labor disputes recognizes the right of unionsto strike but imposes restrictions that make legal strikesdifficult and seriously weaken collective bargaining. Forexample, the authorities require involuntary mediation oflabor/management disputes when they deem the disputes to besufficiently serious or to involve "unfair practices." The lawforbids both labor and management from disrupting the "workingorder" when either mediation or arbitration is in progress.The law mandates stiff penalties for violations ofno-strike/no-retaliation clauses, but employers have sometimesignored the law and dismissed or locked out workers without anylegal action being taken against them. According to a Januarypress report, the Council of Labor Affairs (CLA) said that from1990 to September 1993, there were 30 strikes, of which 22involved workers at bus companies asking for increased pay andreduced hours. (The CLA carries out the functions of a laborministry but lacks cabinet rank.)Firms in export processing zones are subject to the same lawsregarding treatment of labor unions as other firms and follownormal practices in concluding collective bargaining agreementswith their unions. c. Prohibition of Forced or Compulsory LaborThe Labor Standards Law prohibits forced or compulsory labor.There have been no reports of these practices. d. Minimum Age for Employment of ChildrenThe Labor Standards Law stipulates age 15, after compulsoryeducation required by law ends, as the minimum age foremployment. As a result, child labor remains at a very lowlevel. County and city labor bureaus enforce minimum agelaws. As of October, 11,915 workers between the ages of 15 and16 were employed by manufacturing industries.</text>
</content>
<name> </name>
<script></script>
</card>
card_79871.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TAIWAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 TAIWANTaiwan has a constitutional system headed by President LeeTeng-hui, who was elected by the National Assembly (NA) in1990. President Lee, who is also the Chairman of theNationalist Party (KMT), appoints the Executive Yuan (EY), orCabinet, which has been headed since February 1993 by PremierLien Chan. The Legislative Yuan (LY) approves the selection ofthe Premier. Members of the NA and LY were chosen in free andfair elections in 1991 and 1992, respectively. The KMT remainsthe country's dominant political force, but two oppositionparties also command considerable public support.During 1994 Taiwan made significant progress in its transitionto a democratic, multiparty political system--a process whichbegan with the lifting of martial law in 1987--by holdinggenerally free and fair popular elections for three previouslyappointed positions, the governor of Taiwan province and themayors of the cities of Taipei and Kaohsiung, and by passingconstitutional amendments that provide for the direct electionof both the President and Vice President. The first directpresidential election is scheduled for 1996.The Ministries of Interior (MOI), Justice (MOJ), and NationalDefense (MND) are responsible for law enforcement relating tointernal security. The National Police Administration (NPA) ofthe Ministry of Interior, the NPA's Criminal InvestigationBureau (CIB), and the Ministry of Justice Investigation Bureau(MJIB) carry out their law enforcement functions in accordancewith laws designed to respect and safeguard individual humanrights. Reports of occasional abuses by these agencies,however, continue to exist. The National Security Bureau andmilitary police units also play a limited law enforcement role.Taiwan has a dynamic, free market economy, although state andparty-run enterprises dominate some major sectors, includingfinance, transportation, utilities, shipbuilding, steel,telecommunications, and petrochemicals. The economy continuedits shift toward the service sector and capital andtechnology-intensive industries, due to shortages of unskilledlabor and high domestic labor and land costs.Although the overall human rights environment improved, therecontinued to be human rights abuses. These included a fewalleged cases of extrajudicial killings and torture by thesecurity forces, infringements on internationally acceptedstandards of due process, restrictions on the freedoms of pressand assembly, child prostitution and abuse, discrimination andviolence against women, restrictions on workers' freedom ofassociation, and limitations on workers' freedom to strike.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political killings. In October thefamily of a Tainan prisoner who died in August accused theprison staff of beating the prisoner to death and charged thatthe authorities were conspiring to cover up the circumstances.This case was still under investigation at year's end. InSeptember the family of a soldier in Kaohsiung claimed thatexcessive exercise he was ordered to undertake as a form ofpunishment caused his death. A legislator raised this incidentin an emergency interpellation to the Ministry of NationalDefense, but it remained unresolved at year's end.Several cases of extrajudicial killing from 1993 wereresolved. In January a military court sentenced a lieutenantand four sergeants to prison terms ranging from 18 months to 12years for torturing to death Chen Shih-Wei in July 1993 at amilitary reformatory on Green Island. In March the Taichungdistrict court sentenced the deputy chief of Taichung city'sthird police precinct to 10 years in prison for the torturedeath of a rape suspect in August 1993; four other policemenwere acquitted for lack of evidence.In October the Taipei Shihlin district court ruled that thedeath of Wang Kang-Lu, Secretary General of the World UnitedFormosans for Independence, in an October 1993 Taipei car crashwas an accident rather than a "political assassination" ascharged by his family and supporters. The driver of thevehicle which struck the taxi in which Mr. Wang was riding andthe taxi driver were both sentenced to prison, for 20 monthsand 8 months respectively, for negligence resulting in death.Also in October, the Taipei district court sentenced fourwardens at the Taipei detention center to from 14 to 30 monthsin prison for torturing a homicide suspect in September 1993.Although the suspect later died, the judge ruled that the deathresulted from a preexisting physical condition rather than fromtorture. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere were credible reports that police occasionally physicallyabused persons in their custody. In addition to claims that aprisoner was beaten to death in Tainan (see Section l.a.), adeaf-mute university student indicated at a press conference inAugust that Taoyuan county police tortured him because he was asuspect in the murder of a female college student.The authorities did make efforts to investigate, prosecute, andpunish officials responsible for torture and othermistreatment. Although the basic responsibility forinvestigating mistreatment lies with prosecutors, the ControlYuan (CY), an equal government branch which investigatesofficial misconduct, investigated several such cases during theyear. In one major case in August, the CY criticized theTaipei city police for arresting under "emergency procedures"three young men suspected of involvement in a 1988 kidnapingand murder case, holding them for arraignment for 24 hourswithout notifying their relatives and using violence andthreats among other interrogation tactics. The CY impeachedfour Taipei city policemen for using "violence, threats,temptation, and cheating" while interrogating one of thesuspects and three superior officers for allowing themisconduct. The case was referred to the Judicial Yuan (JY),the equal branch of government comprising the national judicialsystem, for decision and remained under review at year's end.While the 1993 torture death of a suspect in Taichung resultedin the conviction of the offending policeman (see Sectionl.a.), two other cases of police torture of suspects in 1993remained under investigation without indictments being issued.However, progress was made in dealing with an earlier case.The Taichung district prosecutor indicted the former criminalinvestigation team leader from Taichung county's Fengyuanpolice subbureau for torturing four suspects in a 1990 murdercase; the suspects were later found not guilty. In April theJudicial Yuan's Committee on the Discipline of PublicFunctionaries ordered the former chief of the subbureaususpended from duty for 1 year and the former chief of thesubbureau's criminal investigation section discharged frompublic service without possibility of being rehired for 2 yearsfor their failure to prevent the torture.The law allows suspects to have attorneys present duringinterrogations, primarily to ensure that abuse does not takeplace. The Ministry of Justice (MOJ) claims that eachinterrogation is recorded and that all allegations ofmistreatment are investigated. Lawyers and legal scholars notethat abuses most often occur in local police stations whereinterrogations are not recorded and when attorneys aregenerally not present. Detainees who are physically abusedhave the right to sue the police for torture, and confessionsobtained through torture are inadmissible in courtproceedings. No such suits were reported during 1994.Although corporal punishment is forbidden under military law,there continued to be occasional reports of physical abuse ofmilitary personnel. In addition to the case involving possibleexcessive punishment resulting in a soldier's death inKaohsiung (see Section l.a.), newspapers reported the cases ofan air force member in Taichung beaten by superiors for goingoutside the unit's chain of command and a Taoyuan air forceconscript who suffered maltreatment and harassment duringtraining which resulted in his mental breakdown. Although theMinistry of National Defense denied the accuracy of bothstories, it noted that a number of management steps had beentaken to reduce the problem of abuse in the military, includingsetting up centers within all military units to hear complaintsabout mistreatment.Some international human rights organizations have criticizedthe continuous shackling for months of prisoners awaitingexecutions and the "harvesting" of organs from executedprisoners for transplants. MOJ officials claim that shacklesare necessary because such prisoners are considered to bedangerous and the prisons are not sufficiently secure. The MOJstates that the requirement for both a prisoner and his familyto consent to organ donations reduces the likelihood ofdonations being forced.Prison overcrowding at Taiwan's 43 detention centers remained aproblem despite some expansion of existing facilities andamendment of the Criminal Code in January to allow prisoners tobe paroled after serving one-third, rather than one-half, oftheir sentences. The more than 50,000 inmates in detentionexceed the facilities' maximum capacity by 15,000. The JusticeMinister blamed overcrowding for an October riot at Hualienprison which left 20 injured; the prison, reportedly designedfor 1,151 inmates, houses 2,000. According to the MOJ, thenumber of prisoners has grown rapidly in recent years becauseof increased arrests of narcotics law violators who now make up30 percent of the overall inmate population. The MOJ issetting up drug treatment facilities to reduce the number ofaddicts in the prison population.Conditions at detention camps for illegal immigrants continuedto be poor. The Entry and Exit Bureau admitted that the threedetention camps are overcrowded but blamed mainland Chineseauthorities for delays in accepting the timely repatriation ofillegal immigrants. Mainland detainees spent an average of 113days in detention. An expansion project for the centers isunder way.In July a group of 12 black inmates, almost all from Africancountries, at the San Hsia illegal aliens detention centerclaimed that 6 policemen had beaten and tortured a black inmatethe previous month. They also charged the camp's police withracial discrimination and ill-treatment of the black inmates.The National Police Administration (NPA) claims there is nodiscrimination against any detainee because of religion, race,color, or language. d. Arbitrary Arrest, Detention, or ExilePolice may legally arrest without a warrant anyone they suspectof committing a crime for which the punishment would beimprisonment of 5 years or more and may question personswithout a formal summons. The authorities must, within 24hours after detention, give written notice to the detainee, ora designated relative or friend, stating the reason for thearrest or questioning. Indicted persons may be released onbail at judicial discretion.The Criminal Procedure Code (CPC) specifies that theauthorities may detain a suspect for up to 2 months during theinvestigative phase before filing a formal indictment. Theprosecutor's office may extend the investigative detention forone additional 2-month period. A suspect may be held for up to3 months during trial proceedings, and the court may extend thetrial detention for two additional 3-month periods. Theauthorities generally have followed these procedures, andtrials usually take place within 3 months of indictment.The authorities generally respect a detainee's request to havea lawyer present during the investigation phase, but defenselawyers continue to complain that people often are not advisedof their right to have legal representation during policeinterrogation. In addition, there is no legal requirement thatindigent people be provided with counsel during policeinterrogation, although such counsel is provided during trials.A continuing departure from international standards of dueprocess is the secret witness system under the "Antihoodlum"Law. This system allows police to conduct "sweeps" ofsuspected "hoodlums" and use the testimony of unidentifiedinformants in detaining the suspects. Lawyers for the allegedhoodlums are not permitted to cross-examine these informants.While defense attorneys have been given the right to examinedocumentary evidence, critics charge that evidence in thesecases is often weak or fabricated. Although the testimony ofthe secret witnesses is included under the criminal statutesfor perjury, critics claim that the detainees often lack themeans to prove perjury.The Judicial Yuan (JY) claims that the secret witness system isrequired to wipe out hoodlums and maintain social order andsecurity. The system is not used in normal criminalprocedures; "antihoodlum" punishments are "administrativeprocedures." Based on evidence provided by the police, aspecialized court determines whether or not an accused hoodlumshould receive reformatory education. This decision may beappealed by the accused to a higher court. Courts may notdetermine the length of reformatory education; reformatoryauthorities make this decision based on the behavior of thedetainee. The usual term is 3 to 6 months for a first offense,and detention of repeat offenders may be extended for up to 3years.Critics say that these specialized courts simply rubber-stamppolice decisions, and while virtually all detainees appealtheir sentences, most remain unchanged. According to JYstatistics, of the 1,763 hoodlum cases referred to the specialcourts in 1993, 73 percent (1,287) were determined to warrantreformatory education. e. Denial of Fair Public TrialThe Judicial Yuan (JY) is one of the five equal branches ofTaiwan's political system. It consists of a President, a VicePresident, and a 16-member Council of Grand Justices. Itinterprets the Constitution as well as laws and ordinances.Subordinate JY organs include the Supreme Court, high courts,district courts, the Administrative Court, and the Committee onthe Discipline of Public Functionaries. The Constitutionprovides for equality before the law. Judges, rather thanjuries, decide trials.All judges are appointed by, and responsible to, the JY.Although some in the past have characterized the judiciary asnot fully independent and as susceptible to political andpersonal pressure, most observers believe the judiciary now isgenerally independent and impartial. The only public criticismin 1994 came from illegal radio station owner Hsu Jung-Chi whoclaimed his convictions for inciting illegal demonstrationswere a form of political persecution (see Sections 2.a. and2.b.). To strengthen judicial autonomy, under its newpresident, Shih Chi-yang, the JY began a 1-year trial reformprogram in November which includes having each district'spresiding judge elected by the district judges rather thanappointed from above.The law provides for the right of fair public trial, and thisis generally respected in practice. Taiwan's legal system doesnot provide for trial by jury. In a typical court case,parties and witnesses are interrogated by a single judge butnot directly by a defense attorney or prosecutor. The judgemay decline to hear witnesses or to consider evidence a partywishes to submit if the judge considers it irrelevant; refusalto hear evidence can be a factor in an appeal. Trials arepublic, but attendance at trials involving juveniles orpotentially sensitive issues which might attract crowds mayrequire court permission.A defendant has the right to an attorney. If the defendant issuspected of committing a crime for which the penalty is 3 ormore years' imprisonment, or if the defendant is disabled orelderly, the judge may assign an attorney. Criminal lawspecifically provides the defendant with protection fromself-incrimination. Persons convicted in cases in which thesentence exceeds 3 years have the right to appeal to the highcourt and to the Supreme Court. The Supreme Courtautomatically reviews life imprisonment and death sentences. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution and sections of the criminal and civil codescontain provisions for privacy. The authorities generally donot make warrantless searches, which were common before thelifting of martial law. A warrant, issued by a prosecutor or ajudge, must be obtained before a search, except when incidentalto arrest. Critics, however, claim that the "incidental toarrest" provision is not only unconstitutional but ofteninterpreted broadly by police to justify searches of locationsother than actual sites of arrests. Moreover, police continueto search cars routinely at roadblocks.According to the National Police Administration, warrantlesssearches are allowed only in specialized circumstances, such asto arrest an escapee or if facts indicate a person is in theprocess of committing a crime and the circumstances areurgent. In any such case, the police must file a report withthe prosecutor or court within 24 hours. Evidence collectedwithout a warrant, according to regulations, is not excludedfrom introduction during a trial; however, a policeman whocarries out an illegal search can be sued for illegal entry andsentenced up to 1 year's imprisonment.Although in the past allegations were made that police andsecurity agencies interfere with the right to privacy throughsuch means as surveillance and interception of correspondenceand telephone calls, there were no reports of such interferencefor political purposes in 1994. According to EY regulations,judicial and security authorities may file a written request toa prosecutor's office to monitor telephone calls to collectevidence against a suspect involved in a major crime.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech, teaching,writing, and publication, but some restrictions exist inpractice, especially in relation to Taiwan's electronic media.During the year, the authorities continued the measured steps,begun in 1993, to liberalize the previously tight control bythe authorities and the KMT over broadcast television and radio.In August the Office of the High Court Prosecutor formallydropped sedition charges against Shih Ming, the last of themajor dissident leaders, who had returned to Taiwan illegallyin 1993 after more than 40 years' exile in Japan. Theprosecutor determined that Mr. Shih had not tried to overthrowthe Taiwan authorities with threats or violent acts (see alsoSection 2.d). The dropping of sedition charges against Mr.Shih officially confirmed the end of Taiwan's four-decade-long"wanted list" of sedition suspects.In 1992 the Taiwan authorities revised sedition statutes toeliminate provisions outlawing "conspiracy" to commit seditionand to limit the purview of the Sedition Law to cases involvingviolence or threats. After the revision, the authoritiesreleased all prisoners convicted on sedition charges anddropped pending sedition cases.Also in 1992, the Taiwan authorities revised the NationalSecurity Law (NSL), removing prohibitions on "actions againstthe Constitution." However, the NSL--and related statutes suchas the Civic Organizations Law and the Parade and AssemblyLaw--still retain prohibitions against advocating communism orespousing the division of national territory.Taiwan has a vigorous and active free press despite thePublications Law which empowers the police to seize or banprinted material that is seditious, treasonous, sacrilegious,interferes with the lawful exercise of public functions, orviolates public order or morals. There were no reports ofcensorship of the print media during the year. Nor were thereseizures of materials on political grounds, although the policeconducted raids to seize pornographic materials.In February the Government Information Office (GIO) reiteratedthat any publications imported from mainland China should besent to the GIO Publications Department for screening beforesale or publication in Taiwan. The GIO bans the importation ofpublications which advocate communism or United Frontorganizations, endanger public order or good morals, or violateregulations or laws. However, few local publishing companiesobserve this regulation. The Department estimated that 10,000copies of mainland publications are imported annually.In a well-publicized libel case, four professors found guiltyin 1993 for leading a boycott against a newspaper they allegedslanted its reporting in favor of mainland China and againstTaiwan were successful in their appeal. In August the highcourt reversed the lower court verdict and affirmed thedefendants right to criticize the media. The high court,however, rejected a libel suit filed by one of the defendantsagainst the newspaper involved.The KMT, the Taiwan provincial government, and the militarycontinue to operate the three island-wide broadcast televisionstations and to be their largest shareholders. The GIO claimsthat these stations are really civilian businesses since theauthorities control less than half of their stock shares. TheGIO notes that their programming is guided by the market ratherthan the GIO or the KMT and that they rely on revenues fromcommercials and services rather than public funds. Critics,notably the two principal opposition parties, claim thatcoverage on the three broadcast television stations has beenslanted to favor the KMT viewpoint and that reports onsensitive subjects, such as opposition demonstrations, havebeen similarly biased. A breakthrough occurred in October whena leading newspaper and one of the television channelssponsored a live debate among the three Taipei mayoraltycandidates--Taiwan's first televised debate among electioncandidates.More than three-fourths of Taiwan's radio frequencies have beenheld by the authorities, the KMT, and other noncommercialentities. In the past, the Taiwan authorities claimed only 12of the 33 radio stations legally operating were owned bymilitary and civil agencies, but they counted among ostensibly"private" stations such entities as the KMT-controlledBroadcasting Corporation of China.Past refusals by the authorities to approve requests toestablish new radio and television stations led to theestablishment of a number of illegal underground cabletelevision and radio stations. Many of these stationsbroadcast in the Taiwanese dialect rather than in Mandarin andreflect the views of or support for the opposition DemocraticProgressive Party (DPP).In 1993 the authorities began a multiyear process to loosencontrols on television. The LY passed a Cable Television Lawdividing the island into 51 districts, each of which is allowedup to five local cable television companies. By the end of1993, more than 600 previously illegal cable televisionoperations had registered with the GIO to legalize theiroperations under interim cable television regulations, whichapply until the Cable Television Law takes full effect. Theauthorities are also setting up a new public television networkto begin operation in 1995. In addition, two more broadcasttelevision frequencies are being made available.Also in 1993, the GIO began a five-stage process to open radiofrequencies. In the first two stages, the GIO approvedlicenses for 24 20-kilometer-range FM stations; included were 6pro-DPP stations, 3 of which were already operating illegally.Critics charge that the limited broadcast ranges of the newtelevision and radio stations do not constitute a counterweightto the authorities' monopoly on island-wide broadcasting. Somecritics have also been concerned that the KMT, with its vasteconomic resources, or large corporations will try to controlthese new "investment arenas."The authorities' control of the media continued to be avolatile issue. On July 30, GIO staff members and 6,719policemen raided 14 underground pro-DPP radio stations acrossthe island for operating illegally; included was theantiestablishment "Voice of Taiwan" (VOT) in suburban Taipei.The underground radio supporters and the DPP claimed that theraids infringed on freedom of the press and the people's rightto know, and were designed to muzzle the opposition on the eveof sensitive negotiations between Taiwan and mainland China aswell as stifle debate prior to the December elections.In an August 1 demonstration in Taipei protesting the raids,hundreds of demonstrators attacked the GIO headquarters andother public and KMT buildings. More than 30 demonstrators andpolice were injured. Reporters and cameramen were targeted forattack by the demonstrators who feared being identified fromnews films. Twelve demonstrators were indicted for violationsof the Parade and Assembly Law (see also Section 2.b.),interfering with public functions, and causing bodily harm;four were sentenced to from 3 to 5 months in prison (a sentencewhich may be converted to a fine). Charges against the otherswere dropped for lack of evidence. In a separate incident afew days later, a GIO staff member involved in the July 30raids was stabbed and severely injured on his way to work.Four suspects were indicted in December upon completion of theinvestigation into the incident and face trial. The violencecontinued into October when six to eight persons broke into theVOT studios and used baseball bats to smash broadcastingequipment and beat staff members. The VOT claimed the attackwas carried out by plainclothes policemen, a charge which wasnever substantiated. In response, GIO Director General Jason Hu tried to encourageunderground stations to become legal by announcing in Augustthat the GIO would lower the minimum capitalization costsrequired for 99 new 5-kilometer-range community radio stationsfrom approximately $2 million to $40,000 and accelerate thepace of the licensing process for these stations. In Decemberthe GIO approved 46 of 174 applications for the community radiostations, including 10 from already operating illegal stations.Among other restrictions regulating the media are thoseprecluding people previously convicted of sedition from owning,managing, or working in television and radio stations.However, major opposition leaders, many of whom were convictedof sedition after the December 1979 Kaohsiung incident, are notaffected because their rights were restored throughpresidential amnesties.The authorities lifted controls on the percentage of timetelevision and radio stations could broadcast in dialects in1993. Although the Taiwanese dialect is the mother tongue ofmost of the island's inhabitants, the authorities hadpreviously required that 80 percent of broadcasting be inMandarin. Broadcasting is now done in Mandarin, Taiwanese,Hakka (television and radio), and aboriginal dialects (radioonly).There appear to be few restrictions on academic freedom. Theexpression of dissenting political views is common. However,school authorities still sometimes pressure schoolteachers todiscourage students from joining demonstrations. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for freedom of assembly andassociation, but the Taiwan authorities restrict these rightssomewhat in practice. The Civic Organization Law requires allcivic organizations to register; however, the authorities haverefused to approve registration of some groups--such as theTaiwan Association for Human Rights (TAHR), the TaiwanAssociation of University Professors, and the TaiwanEnvironmental Protection Alliance--which use the word "Taiwan"in their titles (a usage which is regarded by the authoritiesas promoting Taiwan independence). These groups, however,continue to operate.</text>
</content>
<name>Taiwan </name>
<script></script>
</card>
card_79406.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ZIMBABWE HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsAlthough the Government permits local civic and human rightsgroups to operate in Zimbabwe, it monitors their activitiesclosely, in particular the CCJP and ZIMRIGHTS. Other groupsthat promote human rights include the LRF, the Southern AfricanFederation of the Disabled, and the Southern African HumanRights Foundation.The Government permits the International Committee of the RedCross (ICRC) to operate a regional office in Harare, and itcooperates with the UNHCR and the ICRC to assist Mozambican,South African, and other refugees. The Government does notdiscourage representatives from international human rightsgroups from visiting Zimbabwe.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution provides that "every person in Zimbabwe" isentitled to fundamental rights whatever his race, tribe, placeof origin, political opinions, color, creed, or sex. However,the Constitution's section on discrimination does notspecifically refer to the rights of women. WomenSince independence the Government has enacted major laws aimedat enhancing women's rights and countering certain traditionalpractices that discriminate against women. The Legal Age ofMajority Act and the Matrimonial Causes Act recognize thecapacity of women to act independently of their husbands orfathers to own property. However, while unmarried women mayown property in their own names, married women (married undercustomary not general law) are not allowed to own propertyjointly with their husbands. In an August speech, PresidentMugabe labeled joint ownership of property "un-African."Inheritance laws remain unfavorable to widows, especially urbanblack women who were married under customary law. Although theGovernment has circulated a draft inheritance law that wouldaddress the issue of unfair and unequal distribution ofinherited assets, as of year's end no legislative action hadbeen taken on the draft. Divorce and maintenance laws are morefavorable toward women, but women generally lack awareness oftheir rights under the law.Many women remain disadvantaged in Zimbabwean society.Illiteracy, economic dependency, and prevailing social normsprevent rural women in particular from combating societaldiscrimination. Despite legal prohibitions, women are stillvulnerable to entrenched customary practices. Among thesepersistent practices are "kuzvarira," the practice of pledginga young woman to marriage with a partner not of her choosing;"nhaka," the custom of forcing a widow to marry her latehusband's brother; "lobola," the customary obligation of agroom to pay a bride price to the parents of a would-be wife;and "ngozi," the customary practice of offering a young girl ascompensatory payment in interfamily disputes. In AugustParliament criminalized the common practice of refusing to burya woman until lobola is paid, equating the crime to extortion.Many doctors and hospitals routinely require the husband'sconsent for women seeking long-term contraception.Although labor legislation prohibits discrimination inemployment on the basis of gender, women are concentrated inthe lower echelons of the work force and commonly face sexualharassment in the workplace.Domestic violence against women, especially wife beating, iscommon and crosses all racial and economic lines in Zimbabwe.Women's groups have noted that every police station in Zimbabwehas handled at least one case of a woman killed by herhusband. In 1992, 4,437 official complaints of wife batteringwere filed. The Musasa Project, which specializes in researchand counseling on domestic violence, said cultural attitudesare changing, and that wife beating is increasingly consideredsocially unacceptable.There were 964 reports of rape (the majority involving girlsunder 14) in 1992, the last year for which police statisticsare available.Several active women's rights groups in Zimbabwe, includingWomen in Law in Southern Africa, the Musasa Project, Women inLaw and Development, and the Women's Action Group, concentrateon improving women's knowledge of their legal rights, economicempowerment of women, and combating domestic violence. ChildrenThe Government enacted the Children's Protection and AdoptionAct, the Guardianship of Minors Act, and the Deceased Person'sMaintenance Act, to protect the legal rights of minorchildren. The criminal justice system has special provisionsfor dealing with juveniles, although there is no juvenilecourt. While there is no compulsory education, Zimbabwe hasmade considerable progress in providing education for girls,and overall primary school attendance has increased by morethan 400 percent since independence. However, with thereintroduction of school fees in urban schools and ruralsecondary schools, enrollment has declined. Incest, long tabooin Zimbabwean society, is increasing. Child abuse, as such,does not appear to be widespread, although there are increasingreports of infanticide and child abandonment.Female genital mutilation (FGM) has been condemned byinternational health experts as damaging to both physical andpsychological health, and it is rarely performed in Zimbabwe.However, according to press reports these initiation rites arestill practiced on young girls by the small Remba ethnic groupand include infibulation, the most extreme form of FGM. National/Racial/Ethnic MinoritiesThe Shona ethnic group comprises 77 percent of the population,Ndebele 14 percent, Kalanga 5 percent, whites 1 percent, andother ethnic groups 3 percent. Government services areprovided on a nondiscriminatory basis, and the Government hassought to expand and improve the previously "whites only"infrastructure in urban areas to provide health and socialservices to all citizens. Nevertheless, in social terms,Zimbabwe remains a racially stratified country despite legalprohibitions against official discrimination. While schoolsand churches are all integrated, social interaction amongracial groups is still limited. In 1994 Ndebele leaderscomplained that Matabeleland North and South have not receivedan adequate share of national development resources for tribalreasons. In addition, the disproportionate number ofShona-speaking teachers and headmasters in Matabeleland schoolsremained a sensitive issue. People with DisabilitiesThe Disabled Persons Act of 1992 specifically prohibitsdiscrimination against people with disabilities in employment,admission to public places, or provision of services and isviewed by advocates of the disabled as model legislation. Inpractice, however, the lack of resources for training andeducation severely hampers the ability of disabled people tocompete for scarce jobs. Although the Act stipulates thataccess for disabled persons should be provided in governmentbuildings, few government buildings have been adjusted for thedisabled. Disabled people face particularly harsh customarydiscrimination. According to traditional belief, people withdisabilities are considered bewitched and reports ofhandicapped children being hidden when visitors arrive arecommon. A disability board was appointed by President Mugabein 1992 to spearhead equitable distribution of resources to thedisabled but met only twice before the Ministry of PublicService, Labor and Social Welfare cut off its funding.Section 6 Worker Rights a. The Right of AssociationThe Labor Relations Act (LRA) provides private sector workersfreedom of association, the right to elect their ownrepresentatives, publish newsletters, and set programs andpolicies which reflect the political and economic interests oflabor. Workers are free to form or join unions without priorauthorization. The LRA allows for the existence of multipleunions per industry, provided that each is registered with theMinistry of Public Service, Labor and Social Welfare (MPSLSW).While the Government may deregister individual unions,Zimbabwe's High Court has ruled that the LRA does not give theMinister the power to suspend or deregister the nationalumbrella labor confederation, the Zimbabwe Congress of TradeUnions (ZCTU).Less than 20 percent of the salaried work force belongs to the35 unions that form the ZCTU. ZCTU officers are elected by thedelegates of affiliated trade unions at congresses held every 5years. While the Government encouraged the ZCTU's formation,anticipating that it would form the labor arm of ZANU-PF, it nolonger directly influences ZCTU actions. The Government andthe ZCTU clash on political and economic issues with increasingfrequency as workers feel the effects of the economicstructural adjustment program. Although the LRA allows for theformation of multiple national federations, none but the ZCTUexists. Almost all unions are affiliated with the ZCTU; someaffiliates, due to internal differences, have withheld theirmembership fees and are considered in bad standing.Public servants and their associations, the Public ServiceAssociation (PSA), the Zimbabwe Teachers Association, and theZimbabwe Nurses Association, are not covered by the provisionsof the LRA (according to Section 3 of the Act) since theirconditions of employment are provided for under theConstitution. They are thus constitutionally barred fromforming unions, and their associations are likewise forbiddenfrom affiliating with the ZCTU.However, all three organizations have signed memorandums ofunderstanding with the ZCTU to coordinate on areas of mutualinterest, which include reform of the LRA to include the publicsector. After the passage of the Labor Relations Amendment Act(LRAA) in 1992, the Government circulated copies of a new LaborAct drafted by the International Labor Organization (ILO). Thedraft is intended to streamline provisions of the LRA whileextending its coverage to the public sector. After the thirddraft, however, the Government shelved any further movement onjoining the public and private sectors under one LRA.The LRA specifies that workers may establish independent workercommittees, which exist side by side with unions, in eachplant. Worker committees must also be registered with theMPSLSW, which is free to refuse registration. Trade unionofficials and others hold that the existence of workercommittees, which were strengthened by the 1992 amendments,dilutes union authority. Nonetheless, the ZCTU grew strongerin 1994 as it responded to the formation of these committees byincreasing its organizational efforts on the shop floor. Thisstrengthened its hand in the 1994 collective bargaining cycle,and the Government has appeared less inclined to challenge itsauthority directly.The International Conference of Free Trade Unions (ICFTU) hascriticized Zimbabwean labor legislation for giving "wide scopeto the authorities to declare that a given enterprise orindustry constitutes an essential service, and then impose aban on it." Workers in sectors deemed "nonessential" have theright to strike provided the union advises the Government 2weeks in advance of its intention to do so (though in practicethis administrative requirement is rarely met).More strikes and work actions occurred in 1994 than in anyother year since independence.The ZCTU and its officials are free to associate withinternational labor organizations and do so actively. The ZCTUis affiliated with the ICFTU and the Southern African TradeUnion Coordinating Council. The African American Labor Centermaintains a regional office based in Harare. b. The Right to Organize and Bargain CollectivelyThe LRA provides workers with the right to organize. Asoriginally enacted, the Act was silent on the right to bargaincollectively. However, 1992 amendments permit workercommittees to perform functions normally reserved for tradeunions, e.g., negotiating collective agreements and codes ofconduct. The worker committees, which are by law notorganically part of the unions or the ZCTU, are empowered tonegotiate with the management of a particular plant theconditions of labor in the workplace, except for wages.Wage negotiations take place on an industry-wide basis betweenthe relevant union and employer organizations sitting on jointemployment boards or councils. These bodies submit theiragreements to the registrar in the MPSLSW for approval. TheGovernment retains the power to veto agreements it believeswould harm the economy. However, it did not directly involveitself in labor negotiations unless requested to do so by oneof the two parties.When no trade union represents a specific sector,representatives of the organized workers, i.e., theprofessional associations, meet with the employer associations,under the mediation of labor officers from the MPSLSW. Publicsector wages are determined by the Salary Service Department ofthe MPSLSW, subject to the approval of the Public ServiceCommission (PSC). Each year, representatives of the PSC(employers) and the PSA (employees) hold consultations on wagesand benefits. These consultations result in a recommendationwhich is forwarded to the MPSLSW. The Minister is not requiredby law to accept the recommendation and, in fact, in both 1993and 1994 granted wage increases significantly lower thanPSC/PSA recommendations.Employees designated as being in managerial positions areexcluded from union membership and thus from the collectivebargaining process. The presence of the ZCTU or specificnational unions in individual shop floor negotiations is notmandated.The LRA prohibits antiunion discrimination by employers againstunion members. Complaints of such discrimination are referredto labor relations officers and may subsequently be adjudicatedby the Labor Relations Tribunal (LRT). Such complaints arehandled under the mechanism for resolving cases involving"unfair labor practices." The determining authority may directthat workers fired due to antiunion discrimination should bereinstated, though this has yet to be tested in practice.The LRAA streamlined the procedure for adjudicating disputes bystrengthening the LRT. Now, labor relations officers hear adispute; their decision may be appealed to regional laborrelations officers, at which point the LRT may hear the case.Ultimately, it may be appealed to the Supreme Court. In 1993the Government filled long vacant positions on the LRT, but atpresent the LRT boards are still not fully staffed and face asubstantial backlog.Parliament passed the Export Processing Zones Act in October.The Act provides that the LRA shall not apply to workers inexport processing zones. The ZCTU protested this provision toPresident Mugabe, who promised to investigate. At year's end,no export processing zones had been established. c. Prohibition of Forced or Compulsory LaborCompulsory labor is prohibited by law, and there are no reportsthat it is practiced. d. Minimum Age for Employment of ChildrenZimbabwean law affords little protection to working children.There is no specific legal prohibition of child labor; the LRAonly states that contracts of employment shall not beenforceable against any person under the age of 16. Whilechild labor is most prevalent in the agricultural sector, anincreasing number of children can be found working in the urbaninformal sector. There have also been reports of childrenmining chromium, tin, or gold, either for independent operatorsor through subcontractors. In the manufacturing sector,minimum age requirements are generally enforced by the MPSLSW.Recent ILO investigations to review progress in this areaindicated that these conditions still hold true. e. Acceptable Conditions of WorkThe maximum legal workweek is 54 hours, and the law prescribesa minimum of one 24-hour rest period per week. Workingconditions are regulated by the Government according toindustry. The Constitution empowers the PSC to set conditionsof employment in the public sector. Government regulations foreach of the 22 industrial sectors specify minimum wages, hours,holidays, and required safety measures.In recent years, as part of its effort to opt out of the wagebargaining system, the Government mandated wage parameters andspecified minimum wage increases only for domestics andgardeners. Due to an ineffective monitoring system, however,many such workers are remunerated below the minimum wage.The minimum monthly wage for domestics and gardeners of $25(Z$202.41) is the de facto minimum wage for Zimbabwe. Theemployer often provides housing and food to workers orallowances for such. On commercial farms, the employer mayprovide schooling for workers' children. The minimum wage isnot sufficient to sustain a decent standard of living, andworkers in those sectors covered under collective bargainingagreements received 1994 wage increases averaging onlytwo-thirds of the 25-percent inflation rate. Minimum monthlywage rates for 1994 ranged from $30 (Z$241.50) in theagricultural sector to $62 to 75 (Z$500 - Z$600) in the variousmanufacturing sectors. In theory, labor relations officersfrom the MPSLSW are assigned to monitor developments in eachplant to assure that government minimum wage policy andoccupational health and safety regulations are observed.Safety in the workplace is a continuing problem, exacerbated byan inadequate number of government safety inspectors.Furthermore, many of the basic legal protections do not applyto the vast majority of farm, mine, and domestic workers.Unions charge that there are no general standards for the workenvironment, such as threshold limits for manually liftedweights or conditions for pregnant workers. Health and safetystandards are determined only on an industry-specific basis.The Government intervenes on a selected basis (and oftenseemingly in response to the most recent accident) and setsstandards by regulation in some industries. In theory, workershave a legal right to remove themselves from dangerous worksituations without jeopardy to continued employment; inpractice, they risk the loss of their livelihood.</text>
</content>
<name> </name>
<script></script>
</card>
card_79293.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ZIMBABWE HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 ZIMBABWEZimbabwe is governed by President Robert Mugabe and hisZimbabwe African National Union-Patriotic Front (ZANU-PF) whichhas dominated the legislative and executive branches ofgovernment since independence in 1980. The Constitution allowsfor multiple parties; in addition to ZANU-PF, there are a largenumber of smaller parties. However, they are poorly organized,poorly financed, and subject to periodic intimidation by theruling party and government security forces.The Zimbabwe Republic Police (ZRP) are responsible formaintaining law and order. The Police Internal Security andIntelligence (PISI) Unit, a branch of the ZRP, and the CentralIntelligence Organization (CIO) under the Ministry of StateSecurity are responsible for internal and external security.The Zimbabwean National Army and Air Force also haveintelligence staff structures, which perform a variety ofintelligence and security functions. Since 1991, the CIO andPISI have not been permitted to arrest or detain suspects ininternal security cases. The CIO and PISI were accused ofhuman rights abuses in the past, including the use of torture,and still periodically harass opposition political parties.There were no new reports of other human rights abusescommitted by the CIO or the PISI. There was one instance ofwrongful use of lethal fire in 1994, and there were crediblereports that police sometimes beat suspected criminals. Asignificant number of police officers were tried and punishedfor such abuses. ZRP authorities cooperated with local humanrights groups to incorporate a legal and human rightscurriculum into regular police training.Zimbabwe's economy has strong agricultural and mining sectors,a diversified manufacturing base, and a growing servicessector. The country is 4 years into its Economic StructuralAdjustment Program (ESAP), which has led to a host of changesand dislocations, such as the removal of subsidies for staplefoods, that have caused living standards to fall. Theunemployment rate remains above 45 percent, and both domesticand foreign investment are well below what is needed to spursolid economic growth and job creation. The pace of Zimbabwe'sland acquisition program, which was used in the past to punishpolitical opponents of the Government, slowed in late 1994 asthe Government concentrated on resettlement and land tenureissues.The human rights climate in Zimbabwe generally improved, led byseveral Supreme Court rulings that bolstered the rights ofwomen, free assembly, freedom of the press, and due process.The Government took some steps to address continuing problemsof harsh prison conditions and sought to improve policeperformance through training and prosecuting officersresponsible for abuses. However, the Government took no actionto investigate and prosecute those responsible for atrocitiescommitted during the 1982-87 "Matabeleland Dissident Crisis."The ruling party continued to dominated the political arena, inpart because opposition parties were unable to qualify forpublic funds disbursed under the 1992 Political Parties FinanceAct. President Mugabe's pardon in January of a CIO agent and aruling party official convicted of the 1990 attempted murder ofan opposition candidate for Parliament sent a negative signalthat human rights abuses and violence committed on behalf ofthe ruling party would be tolerated. Although the smallindependent press was increasingly open and critical of theGovernment, the more influential electronic media remainedgovernment controlled. Domestic violence against womenremained widespread, and traditional, often illegal,discrimination against women and the disabled continued.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political killings by governmentsecurity forces, but the police killed one person in a shootingincident. The ZRP launched its own investigations ofapproximately 10 lethal fire incidents in 1993. The Governmentprosecuted or disciplined well over a third of police officersinvolved in shooting incidents.The inquest into the 1990 death in police custody of15-year-old Happy Dhlakama was inconclusive. The presidingmagistrate ruled that Dhlakama had been beaten by policespecial constables but was unable to determine whether or nothe had died of his injuries. The inquest revealed problemswith the handling of medical treatment and records inquestionable deaths. The Catholic Commission for Justice andPeace (CCJP) is now pursuing compensation for Dhlakama's familyin civil court.The Government refused to reopen investigations of the 1988death of Captain Edwin Nyela and the 1991 death of LieutenantShepard Chisango, despite continued calls from Zimbabwean andinternational human rights groups for inquests. TheGovernment's handling of these cases will likely inhibitmilitary officers from denouncing corruption in the armedforces in the future.There was no progress in the Simplicius ChihambakweCommission's investigation into atrocities committed during the1982-87 Matabeleland Crisis. The information collected in 2days of interviews in mid-1993 was reportedly so damaging thatthe investigation was indefinitely suspended. Human rightsgroups continued to collect information on reports of deathsand disappearances, but many relatives of the victims are toofrightened to come forward with information. However, thenewly enacted Births and Deaths Registration Amendment Act of1994 will make it easier for relatives of the victims of theMatabeland Crisis to obtain relatives' death certificates andthereby enroll children in school, obtain identity and traveldocuments for children, and settle estates.Despite President Mugabe's 1992 assertion that no compensationwould be paid to victims of the Matabeleland Crisis becauseatrocities were committed "during a state of war," two cases in1994 set an important precedent for victims. In May theMinistry of Home Affairs and the ZRP agreed to pay compensationto the widow of Gibson Sibanda, whom police arrested and latermurdered for political reasons in 1985. In late 1993, theGovernment admitted liability for the wrongful arrest and lossof property and income stemming from Lloyd Kudzai's detentionby the CIO from 1983-1987. Kudzai's High Court testimonyincluded allegations of torture and ill-treatment of prisonersat Ross Camp in Bulawayo.The CCJP believes that the mass graves discovered at AntelopeMine near Kezi in 1992 contained the remains of victims ofextrajudicial killings committed by the army between 1983 and85. The CCJP has called for a full-scale investigation.However, the Government has taken no action to investigate thesite and also failed to respond to the Catholic Bishop ofBulawayo's request that a "service of reconciliation" be heldat the mine to commemorate the dead. b. DisappearanceThere were no reported disappearances in 1994. The case ofRashiwe Guzha, who disappeared in 1990, has not been reopeneddespite calls from the CCJP and the Zimbabwe Human RightsAssociation (ZIMRIGHTS) for a new investigation. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere were no credible reports of torture in 1994. TheGovernment has not actively pursued allegations that torturewas used in the past and did not prosecute CIO or ZRP officialsfor such abuses in 1994. Despite improved ZRP training, thebeating of criminal suspects and detainees by the ZRP remaineda problem in 1994, particularly among low-ranking police andpoorly trained parapolice called special constables.Prison conditions have not improved since the CCJP issued its1993 report describing extreme overcrowding, shortages ofclothing, and poor sanitary conditions. Over 22,000 prisonersare incarcerated in a prison system built to accommodate16,000. In some prisons, prisoners are allowed about one-halfsquare meter per person. Overcrowding and poor sanitationaggravated outbreaks of cholera, diarrhea, and AIDS-relatedillnesses. According to the Zimbabwean Prison Service, anaverage of 25 prisoners a month died in custody, 18 fromAIDS-related illnesses. (The HIV-positive rate of the generalZimbabwean population is roughly 10 percent; the rate is likelymuch higher in the prison population, most of whom are in themost affected 19- to 49-year-old-age bracket.) The SupremeCourt ruled in August that restrictions limiting prisoners toone letter per month were excessive.In response to the problems, the Ministry of Justice, Legal andParliamentary Affairs and the Zimbabwean Prison Service, inconjunction with the Legal Resources Foundation (LRF), a humanrights group that focuses on legal rights, have undertaken aprogram in human rights training for prison service employeesin the hopes of improving their treatment of prisoners. PrisonService officials who violate prison rules and mistreatprisoners are routinely punished. d. Arbitrary Arrest, Detention, or ExileThe police must by law inform an arrested person of the chargesagainst him before he is taken into custody. Although apreliminary hearing is required before a magistrate within 48hours (or 96 hours over a weekend), the law is oftendisregarded if a person does not have legal representation. A1992 amendment to the Criminal Procedures and Evidence Actsubstantially reduced the power of magistrates to grant bailwithout the consent of the Attorney General or his agents.Although the rule has been decried by legal practitioners andmagistrates, in practice a circular issued by the AttorneyGeneral giving a general authority to grant bail has lessenedthe negative impact of the rule. High Court judges grant bailindependently.The Government may still apply a wide range of legal powersunder the Official Secrets Act (OSA) or the Law and Order(Maintenance) Act (LOMA). Originally promulgated 30 years agoand widely used in the past to prosecute political opponents ofthe government in power, the LOMA gives extensive powers to thepolice, the Minister of Home Affairs, and the President toaddress political and security crimes that are not clearlydefined. The Government has not invoked the LOMA frequently,fearing that its oppressive provisions might be declaredunconstitutional. However, in February several leaders of thetelecommunications union strike were detained briefly under theLOMA.Pretrial detainees spend an average of 3 months in prisonbefore their trials because of a critical shortage ofmagistrates and court interpreters. Zimbabwean law lacksprovisions to allow judges to take time spent in pretrialdetention into account in sentencing. Overall, 20 percent ofdetainees in Zimbabwean jails in 1994 had not yet been tried,down from 22 percent in 1993. In August the Supreme Courtordered a detainee's release after ruling that long pretrialincarceration violated his right to a speedy trial. However,Daniel Machabe, whose murder trial has been delayed for morethan 7 years, remained in custody. To reduce pretrialdetention, the Government appointed additional High Courtjudges and expanded the magistrates courts.The Government held no political detainees at year's end.Exile is not used as a means of political control. e. Denial of Fair Public TrialThe Customary Law and Local Courts Act of 1990 created aunitary court system, consisting of headmen's courts, chiefs'courts, magistrates' courts, the High Court, and the SupremeCourt. With this restructuring, civil customary law cases maybe heard at all levels of the judiciary, including the SupremeCourt. The reactivation of chiefs' and headmen's courts madethe legal system much more accessible to people in remote areaswho had had little contact with the formal court system. TheGovernment implemented training programs for presiding officersin chiefs' and headmens' courts to help eliminate traditionalbut illegal practices such as the custom of forcing a widow tomarry her late husband's brother.Zimbabwe's judiciary has a well-deserved reputation forindependence. Judges serve life terms and can be removed fromthe bench only for gross misconduct. They are not dischargedor transferred for political reasons. However, magistrates,who are part of the civil service rather than the judiciary,hear the vast majority of cases in Zimbabwe and are sometimessubject to political pressure.The Government generally abides by court decisions even when itis strongly opposed to the rulings. However, in the past, theGovernment passed a series of constitutional amendments whichundermined major Supreme Court rulings. For example, Amendment11 changed the Constitution to allow corporal punishment ofminors after the Supreme Court ruled that caning of minorsconstituted cruel and inhuman punishment; the Government alsoasserted that death by hanging was not cruel and inhuman, inanticipation of a CCJP test case challenging hanging as amethod of execution. Similarly, Amendment 13, passed justweeks after the Supreme Court ruled that long incarceration ondeath row constituted cruel and inhuman punishment, declaredthat neither treatment of prisoners nor delays in carrying outsentences entitled prisoners to a stay or remission of sentence(see Section 1.c.).The Magistrates Court found the CIO and ZANU-PF officers whoshot opposition party candidate Patrick Kombayi during the 1990campaign guilty of attempted murder. President Mugabe grantedthe two a remission of sentence within 48 hours of the SupremeCourt's ruling upholding their conviction. The pardon sent anegative signal to the Zimbabwean public that abuses on behalfof the ruling party would be tolerated, as did the subsequentappointment of one of the two men to the ZANU-PF CentralCommittee. Further investigations of the part Vice PresidentSimon Muzenda's driver and bodyguard may have had in theshooting have not been carried out.Every defendant has the right to a lawyer of his or herchoosing. However, well over 90 percent of defendants inmagistrates courts go unrepresented. In criminal cases anindigent may apply to have the Government supply an attorney,but this type of representation is rarely applied for andrarely granted. In capital cases the Government will providean attorney for all defendants unable to afford one. However,human rights groups have highlighted the poor quality of someof the representation provided to indigents, particularly incapital cases. Litigants in civil cases can request legalassistance from the LRF or the Ministry of Justice's CitizensAdvice Bureau. All litigants are represented in the High Court.The Supreme Court has instructed magistrates to ensure thatunrepresented defendants fully understand their rights and toweigh any mitigating circumstances in criminal cases, whetheror not the accused presents them as part of his defense. Theright to appeal exists in all cases and is automatic in casesin which the death penalty is imposed. Trials are open to thepublic except in certain security cases. The legal system doesnot discriminate against women or minorities. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution protects citizens from arbitrary search orentry, and since the lifting of the State of Emergency (SOE) inJune 1990, these protections have been generally respected. Itis widely known, however, that the Government monitors privatecorrespondence and telephones, particularly internationalcommunications.Although the need for land reform in Zimbabwe is almostuniversally accepted, pursuant to the 1992 Land Acquisition Actfarmers whose lands have been designated for acquisition mayonly appeal the amount of compensation in administrativecourts, not the decision to acquire their farms.The Act has been implemented largely along racial lines; theGovernment stated that black-owned commercial farms would notbe subject to designation. In some cases, land has beendesignated for acquisition to achieve political goals. Thedesignation of former Member of Parliament (M.P.) HenryEllsworth's home farm for acquisition, highlighted in the 1993Human Rights Report as an example of the Land Acquisition Act'suse as a political tool, has been revoked. However, oppositionparty leader Ndabaningi Sithole is still fighting theGovernment's acquisition of his Churu farm. After theGovernment's late 1993 attempt to evict more than 2,500families living on the property, several thousand Churu farmresidents were resettled on a holding farm where several diedas the result of abysmal sanitary conditions. The situation atChuru farm remained at a standoff until October 1994, when theZRP evicted the remaining 1,600 residents and resettled them ata camp formerly used by Mozambican refugees.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of expression but allowsfor legislation to limit this freedom in the "interest ofdefense, public safety, public order, state economic interests,public morality, and public health."Zimbabwe's major print media (seven English-language newspapersand one vernacular broadsheet) belong to the Mass Media Trust,a holding company heavily influenced by the Government andruling party. The Zimbabwe Inter-Africa News Agency (ZIANAWire Service) is controlled by the Ministry of Information.The Government influences mainstream media through indirectownership, editorial appointments, directives to editors, andremoval of wayward editors. There is no real opposition press,but a small independent press, consisting primarily of a dailythat ceased publication for financial reasons on December 25,an economic weekly, two Sunday tabloids, and three monthlymagazines, carefully monitors government policies and opens itspages to opposition critics. Other minor independentpublications exist, mostly monthlies, with circulations under3,000. The independent press has been increasingly critical ofthe Government and the ruling party. Despite its harsh publicattacks on many of the independent publications, the Governmenthas taken no overt punitive measures against them.There is a high degree of self-censorship in both thegovernment-influenced and independent press, aggravated byantidefamation laws which make no distinction between publicand private persons and an extremely broad OSA. In Februarythe authorities brought a Daily Gazette reporter and his editorto court and questioned them for alleged contravention of theOSA after the Gazette published a story about income taxevasion by state-owned enterprises. The Act, based on thefirst British OSA, makes it a crime to divulge "any informationacquired in the course of official duties."In March a High Court judge ruled that a reporter may keep hissources confidential if he uncovers the commission of a crimeor the existence of corruption because revelation of sourceswould make future informants reluctant to come forward andwould therefore be detrimental to the public interest.Radio and television are entirely government owned andcontrolled. The Broadcasting Act gives the Zimbabwe BroadcastCorporation monopoly status. The Government has repeatedlyrefused to license independent radio and television stations.Journalists report that ZANU-PF Secretary for Information (andForeign Minister) Nathan Shamuyarira is often involved indetermining what news is broadcast. Opposition party ralliesand press conferences receive only limited television or radiocoverage.The University of Zimbabwe Amendment Act and the NationalCouncil for Higher Education Act greatly restrict theindependence of universities, making them subject to governmentinfluence and extending the disciplinary powers of theuniversity authorities against staff and students, thuscurtailing academic freedom. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for the right of assembly andassociation for political and nonpolitical organizations,including a broad spectrum of economic, social, professional,and recreational activities.Organizations are generally free of governmental interferenceas long as their activities are viewed as nonpolitical. InMarch, as part of the trial of six trade unionists arrestedunder the LOMA for participating in a prohibited demonstrationin June 1992, the Supreme Court ruled that Section 6 of theLOMA (requiring police authorization for demonstrations) wasunconstitutional because it interfered with the right to freespeech. There are many active unions, political parties, andhuman rights organizations. The formation of unions andpolitical parties is not restricted. In law and in practice,however, serious obstacles prevent the full exercise of thisright, particularly in the case of political associations (seeSection 3). c. Freedom of ReligionFreedom of religion is respected in Zimbabwe. There is nostate religion. Denominations are permitted to worship openly,pursue social and charitable activities, and maintain ties withaffiliates and coreligionists abroad. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThere were no reports of restrictions on domestic orinternational travel in 1994. Zimbabwean citizens do not haveautomatic right of return.In June the Supreme Court ruled that the practice of allowingonly Zimbabwean men, not women, to confer citizenship orpermanent residence status on their spouses and children wasdiscriminatory. However, at year's end, the ImmigrationService had not received implementing regulations to institutethe change. The new Zimbabwean Citizenship and Immigrationbill, presented to Parliament in mid-1994 but not yet law,tightens prohibitions against dual citizenship and reduces theperiod a person can be out of the country without losing hisZimbabwean citizenship from 7 to 5 years. Zimbabwean humanrights groups are concerned that these provisions will affectwhite Zimbabweans, many of whom hold dual citizenship, moredirectly than black Zimbabweans and will interfere withcitizens' right of return.According to the United Nations High Commissioner for Refugees(UNHCR), in 1994 the registered refugee population went fromover 100,000 to approximately 750, mostly Mozambicans. Priorto Mozambique's elections, the Government and the UNHCRrepatriated nearly 5,000 refugees per week. The Governmentpermitted UNHCR officials unrestricted access to refugeecamps. There were no reported instances of forced repatriationto a country where a refugee fears persecution.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens have the legal right to change their governmentthrough democratic means, but the last general election inMarch 1990, which was marked by intimidation by the securityforces, lopsided media coverage, inaccuracies in the voters'rolls and voting irregularities in some constituencies, calledinto question the ability of citizens to exercise that right.The ruling party captured 117 of the 120 seats in thoseelections. The 10 chiefs who sit as M.P.'s are elected bytheir peers. The President has the power further to appoint 8provincial governors, who sit as M.P.'s, and 12 nonconstituencyM.P.'s; as a result, there is no effective parliamentaryopposition.President Mugabe and his Cabinet are the preeminent politicalfigures, and the ruling party, ZANU-PF, is the dominantpolitical organization in the country. Following the amendmentof the Constitution in 1987 to create a strong executivepresidency, Robert Mugabe, who previously served as PrimeMinister, became in 1988 both the Head of State and the Head ofGovernment. The Executive President was elected in 1990 to aterm of 6 years. The President appoints both vice presidentsand the rest of the Cabinet, who serve at his pleasure.There are many small political parties. However, the PoliticalParties Finance Act inhibits their growth by providinggovernment funding only to those parties that have more than 15parliamentary seats, effectively giving all public funding tothe ruling party. The 1994-95 budget provided $4.2 million forZANU-PF.The net result of several constitutional amendments has been toconsolidate the power of the executive branch and limit theM.P.s' ability to go against the party line. However, therewas a small group of backbenchers in Parliament who vigorouslyconfronted the Government on a number of issues ranging fromcorruption to government spending.The Electoral Supervisory Commission (ESC) ruled that both theJuly and December parliamentary by-elections were free andfair. However, the July by-elections were marred by variousunfair practices. There were credible reports that CIO agentsintimidated would-be voters in Gwanda North by warning that theinfamous "Fifth Brigade" (which left a trail of murder andtorture there from 1982 to 1987) would return if they did notvote for ZANU-PF. Rural dwellers reported that governmentagents warned that they would not be eligible to receive foodaid if they supported opposition candidates. There werecredible reports that people in several districts in Manicalandwere denied food aid unless they could prove that they hadregistered to vote, or, in at least one case, could produce aZANU-PF card.The CIO occasionally harassed and threatened opposition partymembers. In May ZANU-PF Youth League and Women's Leaguesupporters attacked the site of a Zimbabwe Unity Movement (ZUM)rally, burned a trailer, and beat up 10 ZUM supporters guardingthe rally ground. The ruling party provided transportation forthe perpetrators to the rally site. After ZANU-PF supportersinterfered in a ZANU-Ndonga rally in June, supporters of bothgroups hurled stones and bottles at each other, and a ZANU-PFmember was wounded by an arrow. In July several oppositionparty leaders called on their supporters to arm themselves.Zimbabwean human rights groups expressed concern that PresidentMugabe's call for a youth league "door-to-door campaign" wouldlead to a repeat of 1985 campaign violence when gangs of youthswent from house to house demanding that residents produce theirparty cards. In several incidents in the Midlands andMasvingo, the police fined individuals who threatenedoppositionists.In preparation for 1995 parliamentary elections, the RegistrarGeneral's office continued to update the voter rolls which were"in a shambles," according to the Ministry of Home Affairs.Members of Parliament and opposition party members complainedthat copies of the voter rolls were not made available tothem. In early 1994, the Registrar General refused to allowopposition parties to distribute voter registration forms attheir meetings, saying voters needed to come individually tothe Registrar General's office or other registration points toregister. Opposition parties and human rights groups alsocomplained that some of the ESC's five members, tasked withoverseeing the conduct of the campaign and the generalelection, have not renounced their ties to ZANU-PF. The ESCcurrently lacks the institutional capacity to supervise thecampaign or oversee Zimbabwe's more than 2,000 pollingstations. The CCJP noted that during the 1990 elections theESC acted promptly to deal with irregularities.Women participate in politics without legal restriction.However, Zimbabwean women's groups assert that husbands,particularly in rural areas, commonly force their wives tovote for their candidates. One female Minister of State andthree female deputy ministers (none of whom actually sits inthe Cabinet) serve at the cabinet level, but of the 150 M.P.'s,only 17 are women. In addition, some critics charge that theexistence of women's wings in political parties, notably theruling party, marginalizes women from mainstream politicalactivities.</text>
</content>
<name>Zimbabwe </name>
<script></script>
</card>
card_79009.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ZAMBIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution prohibits discrimination based on race, tribe,sex, place of origin, marital status, political opinion, color,or creed. WomenBoth the Constitution and law entitle women to full equalitywith men in most areas. In practice, Zambian women areseverely disadvantaged compared to men in formal employment andeducation. Married women who are employed often suffer fromdiscriminatory conditions of service. For example, allowancesfor housing and children and tax rebates to which they asemployees are entitled often accrue to their husbands.Similarly, women have little independent access to creditfacilities; in most cases, they remain dependent on husbands,who are required to sign for loans. As a result, few women owntheir own homes.Customary law and practice also place women in subordinatestatus with respect to property, inheritance, and marriage,despite various constitutional and legislative provisions.Under traditional customs prevalent in most ethnic groups, allrights to inherit property rest with the deceased man'sfamily. The 1989 Intestate Succession Act is designed toguarantee women a share of the joint estate. Under the Act,the children of a deceased man share equally 50 percent; thewidow receives 20 percent; the parents, 20 percent; andrelatives, 10 percent.In practice, "property grabbing" by the relatives of thedeceased man continues to be rampant, particularly when localcustomary courts have jurisdiction. These courts often use adifferent law, the Local Courts Act, to distribute inheritanceswithout reference to the percentages mandated in the SuccessionAct. As a result, many widows receive little or nothing fromthe estate. Another problem is that fines for propertygrabbing mandated by the Succession Act are extraordinarily lowgiven high inflation since the law was enacted. During 1994the Ministry of Legal Affairs and nongovernmental organizationsexamined ways to amend the law to safeguard the rights of womenmore effectively and to increase the penalties for violations.By year's end, however, an amended Succession Act had not yetbeen introduced in Parliament.Violence against women remained a serious problem. Wifebeating and rape were commonplace. According to officialstatistics, 2,243 rape cases were reported to the policebetween 1990 and 1994. Of these, 709 resulted in convictionand 102 in acquittal. The remainder were either dismissed orare unresolved. Defendants convicted of rape normally weresentenced to prison at hard labor. Since many rapes are notreported to the police, the actual number is certainly muchhigher. Domestic assault is a criminal offense, but inpractice police are often reluctant to pursue reports of wifebeating. In June the spokesman for the Zambia police said thatofficers will follow up on a case if a victim desires to presscharges, but that in other cases police will try to broker areconciliation. The Government and nongovernmentalorganizations expressed increasing concern about violenceagainst women, and the media devoted considerable publicity toit during the year. ChildrenThe Government seeks to improve the welfare of children, butscarce resources and ineffective implementation of socialprograms adversely affected the welfare of children and adultsalike. Due to harsh economic conditions, both rural and urbanchildren often must work in the informal sector to helpfamilies make ends meet (see Section 6.d.).There was no pattern of discrimination or societal abuseagainst children. In September the Ministry of Legal Affairssponsored a 3-day workshop on "The Human Rights of the Child." People with DisabilitiesPersons with disabilities face significant societaldiscrimination in employment and education, and the Governmenttook steps to ameliorate their hardships, includingestablishing a national trust fund to provide loans to thedisabled to help them start businesses. The Government has notlegislated or otherwise mandated accessibility to publicbuildings and services for the disabled.Section 6 Worker Rights a. The Right of AssociationThe Constitution provides for the right of citizens to formtrade unions, and approximately 60 percent of the 300,000formal sector workers are unionized. The country's 19 largenational unions, organized by industry or profession, areaffiliated with the Zambia Congress of Trade Unions (ZCTU).The ZCTU is democratically operated and, like its constituentunions, is independent of any political party and theGovernment. By a majority vote of its members, a union maydecide on affiliation with the ZCTU or with trade unions ororganizations outside Zambia. The ZCTU is a member of theInternational Confederation of Free Trade Unions. Laborleaders travel without restriction to international conferencesand to visit counterparts abroad. In late 1994, the MineWorkers Union of Zambia and a number of other ZCTU constituentunions, in rejecting the results of ZCTU leadership elections,took steps to disaffiliate themselves from ZCTU and establish arival umbrella organization. This process continued as theyear ended.The 1993 Industrial and Labor Relations Act (ILRA)reestablished the "one industry, one union" principle. TheBankers Union of Zambia, a new union, was duly registered withthe Government in 1993 but has been unable to operate becausethe employers recognize the existing Zambia Union of Financialand Allied Workers.In November 1993 the Ndola High Court ordered the Government toregister the Secondary School Teachers Union of Zambia. TheGovernment appealed to the Supreme Court, noting that secondaryschool teachers were already represented by the Zambia NationalUnion of Teachers. The case remained pending at year's end.All workers have the right to strike, except those engaged inessential services, the Zambia Defense Force, the judiciary,the police, the prison service, and the intelligence securityservice. The ILRA defines essential services as power,medical, water, sewerage, firefighting, and certain miningoccupations essential to safety. It permits strikes only afterall other legal recourse has been exhausted, and in practiceall work stoppages during the year were illegal. The ILRAprohibits employers from retribution against employees engagedin legal trade union activities. Workers engaged in illegalstrikes do not enjoy this protection, and there were at leasttwo instances in 1994 when employers fired workers engaged inillegal strikes. b. The Right to Organize and Bargain CollectivelyThe right to bargain collectively is established by legislationand is contained in the ILRA. Employers and unions in eachindustry negotiate collective bargaining agreements throughjoint councils in which there is no government involvement.Civil servants and teachers, as public officials, negotiatedirectly with the Government. Collective disputes are firstreferred to a conciliator or a board of conciliation. Ifconciliation fails to resolve the dispute, the parties mayrefer the case to the Industrial Relations Court or, in thecase of employees, vote to strike. In practice, the industryjoint councils function effectively as collective bargainingmechanisms.The ILRA prohibits antiunion discrimination by employersagainst union members and organizers. An employee who believeshe or she has been penalized for union activities may, afterexhausting any existing administrative channels for relief,file a complaint with the Industrial Relations Court. ThisCourt has the power to order appropriate redress for theaggrieved worker. The complainant may appeal a judgment of theIndustrial Relations Court to the Supreme Court. In practice,the Court often orders employers to reinstate workers found tohave been the victims of discrimination.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits slavery and involuntary servitude,but it authorizes citizens to be called upon to perform laborin specific instances, for example, during national emergenciesor disasters. Moreover, a citizen can be required to performlabor that is associated with traditional civic or communalobligations, as when all members of a village are called uponto assist in preparing for a visit by a traditional leader orother dignitary. d. Minimum Age for Employment of ChildrenBy legislation, the minimum age for employment of children is16. The Labor Commissioner effectively enforces this law inthe industrial sector, in which, because of the high demand foremployment by adults, there are no jobs available to children.However, the law is not enforced for the vast majority ofZambians who work in the subsistence agricultural, domesticservice, and informal sectors, where persons under age 16 areoften employed. In urban areas children commonly engage instreet trading. e. Acceptable Conditions of WorkIn August, pursuant to Statutory Instrument Number 99, theMinister of Labor set the minimum wage for nonunionized workersat $0.11 (70.30 kwacha) per hour. On a monthly basis, assuminga 48-hour workweek, a worker earning the minimum wage wouldreceive $22 (14,600 kwacha). The minimum wage coversnonunionized workers in categories such as general workers,cleaners, office orderlies, and watchmen. The minimum wage isinsufficient to provide an adequate standard of living, andmost minimum wage earners must supplement their incomes throughsecond jobs, subsistence farming, or reliance on the extendedfamily.With respect to unionized workers, each industry throughcollective bargaining sets its own wage scales. In practice,almost all unionized workers receive salaries considerablyhigher than the nonunion minimum wage.The legal maximum workweek for nonunionized workers is 48hours. Maximum limits for unionized workers vary. The minimumworkweek for full-time employment is 40 hours and is, inpractice, the normal workweek. The law requires 2 days ofannual leave per month of service. Zambian law also regulatesminimum health and safety standards in industry, and theDepartment of Mines is responsible for enforcement. Factorysafety is handled by the Inspector of Factories under theMinister of Labor, but staffing problems chronically limitenforcement effectiveness. There are no legislative provisionsto protect a worker who refuses to work on safety grounds.</text>
</content>
<name> </name>
<script></script>
</card>
card_78731.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ZAMBIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 ZAMBIAZambia is a republic governed by a president, a unicameralnational assembly, and a constitutionally independentjudiciary. After two decades of one-party rule, free and fairmultiparty elections in October 1991 resulted in the victory ofthe Movement for Multiparty Democracy (MMD) and the election ofPresident Frederick J.T. Chiluba, a former trade unionist. Inaddition to the former ruling party, the United NationalIndependence Party (UNIP), some 30 opposition parties wereactive to varying degrees.The Zambia police, divided into regular and paramilitary units,and operating under the Ministry of Home Affairs, have primaryresponsibility for maintaining law and order. In JanuaryPresident Chiluba appointed a new inspector general of policewith a mandate to eliminate human rights abuses andcorruption. Despite reform efforts begun in 1994, includinghuman rights training and punishment of some offenders, thepolice continued to commit abuses, including beating andextrajudicial killing of criminal suspects and detainees. TheZambia Intelligence Security Service, under the Office of thePresident, is responsible for intelligence and internalsecurity.During 1994 the Chiluba Government continued its free marketeconomic reform program. Tight monetary and fiscal policieskept inflation low as the Zambian currency stabilized and realinterest rates fell dramatically. There was considerablepublic criticism of the reform program, exacerbated byallegations of high-level corruption in the Government. Poorrains at the end of the 1993-94 growing season resulted in areduced harvest of maize, the staple food. The Governmentrelied on imports to make up the shortfall. The key copperindustry benefited from increased world prices during much ofthe year, but production fell from 1993 levels.The Government began to take steps to address one of its mostserious human rights problems, police brutality. Throughoutthe year the government-appointed Human Rights Commissionaggressively pursued allegations of past and present humanrights abuses and kept public attention focused on incidents ofpolice wrongdoing. Nevertheless, by year's end much remainedto be done to restore professionalism and discipline to thepolice force.The Government generally respected Zambians' civil libertiesbut persisted in attempts to limit freedom of the press. TheConstitutional Review Commission took public testimony duringmost of the year but had not yet drafted a new constitution toreplace the 1991 Constitution. The Government's commitment tolegal reform with respect to the press remained unfulfilled.In December the National Assembly passed a bill strengtheningjudicial autonomy. Prison conditions deteriorated further,posing an increased threat to the health and lives of inmates,and women continued to experience discrimination in both lawand fact. Wife beating and rape remained widespread.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political killings during the year,but police continued to use excessive force that often resultedin extrajudicial killings. In one well-publicized case inJanuary, police claimed to have killed three armed criminalsuspects attempting to flee the scene of a burglary. However,after witnesses testified they had seen police take two of thethree men into custody, the police revised their accounting ofthe incident, claiming instead that the two suspects had diedof wounds suffered during a subsequent escape attempt.Credible reports indicated that the police had interrogated thetwo suspects and had killed one of them with a single shot inone eye.According to reliable press reports, almost all based onstatements by police spokesmen, police killed at least 30criminal suspects between January 1 and November 15. Most ofthese killings allegedly occurred when police attempted toapprehend suspects during the commission of crimes.At least 10 criminal suspects died in police custody, mostly asa result of beatings inflicted by police officers. Forexample, the Human Rights Commission heard testimony from aLusaka family that a relative died on May 19 after police brokehis neck with an iron bar. On June 10, a robbery suspectseverely beaten by police died at Matero police station inLusaka. In another incident, never fully explained, a robberysuspect allegedly committed suicide by hanging himself in ajail cell in Chililabombwe.Throughout the year, government officials, nongovernmentalorganizations, and the press closely scrutinized policeinvolvement in human rights abuses, criminal activity, andcorruption. In January President Chiluba appointed FrancisNdhlovu as the new Inspector General of Police and gave him amandate to reform the force. Ndhlovu instituted a variety ofmeasures designed to restore discipline, professionalism, andrespect for human rights. These included involuntarilyretiring several senior officers; reopening the police trainingacademy, which had been closed for 7 years, with a newcurriculum that includes a human rights segment; cooperatingwith the Human Rights Commission in making police officersavailable to testify; arranging with the nongovernmental ZambiaCivic Education Association (ZCEA) to provide human rightstraining to officers in selected police stations; undertakinginvestigations of instances of police use of excessive force;and beginning to discipline and prosecute officers whocommitted human rights abuses. By August 1, some 230middle-ranking and senior police officers were enrolled intraining courses at the police academy.According to statistics made available by Inspector GeneralNdhlovu, at least 33 police officers were the subjects ofinternal investigations or prosecutions between January andSeptember. At year's end, most of these cases, which involvedmurder, attempted murder, and deaths in police cells, remainedbefore the courts. However, in 1994 the courts sentenced atleast three officers to prison terms. Further, according toreports in the Zambian press, the authorities arrested at least16 police officers between January 1 and September 15 on suchcriminal charges as robbery and possession of illegal narcotics.In addition, the Human Rights Commission, chaired by prominentattorney Bruce Munyama, aggressively examined police humanrights abuses in public hearings held throughout the year.These hearings not only brought to light numerous abuses, butthey also forced police officers to account for their behaviorin sworn testimony. By year's end, the Commission had not yetsubmitted to the President its final report, which will includerecommendations to improve the human rights performance of thepolice. b. DisappearanceThere were no known instances of disappearance. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough the 1991 Constitution prohibits torture, policeregularly used excessive force when apprehending,interrogating, and detaining criminal suspects or illegalaliens. In most such instances, detaining officers beatsuspects. During the year, the Human Rights Commission heardtestimony from numerous credible witnesses who said police hadassaulted and beaten them. In one case, a middle-rankingpolice officer admitted that a senior officer had instructedher to deny medical attention to a suspect whom other officershad beaten. In another incident, the authorities dismissedfrom the force and arrested four officers involved in abusing ayoung woman at Woodlands police station in Lusaka.By year's end, the Government had not disciplined or prosecutedany of the individuals allegedly involved in the torture ofpersons detained in connection with the 1993 state ofemergency. According to the Law Association of Zambia,officers who in 1993 beat a youth suspected of theft are stillemployed.Deteriorating prison conditions posed an increased threat toprisoners' lives. According to official statistics, prisonsdesigned to hold 6,500 prisoners held over 12,000. This severeovercrowding, combined with poor sanitation, inadequate medicalfacilities, meager food supplies, and lack of potable waterresulted in serious outbreaks of dysentery and other diseasesat various prisons throughout the year. In July a prisoner inMongu died from meningitis and in August a prisoner in Kitwedied from dysentery, according to reports in the Zambianpress. Also in August, dysentery struck some 44 inmates atKamfinsa prison in Kitwe.During August an official told Home Affairs Minister ChitaluSampa that Kamfinsa, Kansenshi, and Ndola remand prisons hadrun out of food and were feeding prisoners only coarse hominyand salt. The Human Rights Commission visited Kamfinsa prisonin early 1994 and was reportedly appalled by the deplorableliving conditions of prisoners. d. Arbitrary Arrest, Detention, or ExileCriminal suspects are often arrested on the basis of flimsyevidence or an uncorroborated accusation. In these and othercriminal cases, the law requires that a detainee be charged andbrought before a magistrate within 24 hours. Pretrialdetainees are allowed access by attorneys and family members.However, in practice, the authorities hold most detainees formore than 1 month from commission of an offense to firstappearance before a magistrate. In many cases, an additionalperiod of 6 months elapses before the magistrate commits thedefendant to the High Court for trial. Following committal,preparation of the magistrate court record for transmittal tothe High Court takes months--in some cases as long as a year.Once a case reaches the High Court for trial, court proceedingslast an average of 6 months.Approximately 3,000 of the 12,000 prisoners are awaiting trialon criminal charges. In early 1994, in an effort todemonstrate that the courts as well as prosecutors wereresponsible for long delays in the judicial process, theDirector of Public Prosecutions compiled a list ofapproximately 150 prisoners who had been awaiting trial since1988. In some cases, defendants have been awaiting trial for10 years. In August a judge discharged a defendant who hadbeen in custody since 1986. These long delays are the resultof inadequate resources, inefficiency, lack of trainedpersonnel, and broad rules of procedure that give wide latitudefor prosecutors and defense attorneys to request adjournments.Although there is a functioning bail system, overcrowdedprisons reflect the large number of detainees who havecommitted serious but common offenses for which bail is notgranted. These include murder, aggravated robbery, and since1993, violations of the narcotics laws. Also, poor or indigentdetainees rarely have the financial means to post bail.The government legal aid office is responsible for providinglegal representation to poor or indigent detainees anddefendants in both criminal and civil cases. In practice, fewreceive assistance. In 1994 the office had 15 attorneys tocover the entire country and a budget of $110,000.According to well-informed sources, police stations frequentlybecome "debt collection centers," where police officers,acting upon an unofficial complaint, will detain a debtorwithout charge indefinitely until he or she pays thecomplainant. In return, the police receive a percentage of thepayment. This situation is commonplace among police stationsin Copperbelt province.The authorities held approximately 550 foreigners, principallyfrom neighboring countries, as illegal aliens until they coulddeport them. At times, these detentions last months or years.In the past the Government has not used exile for politicalpurposes. However, on September 1, the Government deportedJohn Chinula, a member of the Central Committee of UNIP, theformer ruling party. Minister of Home Affairs Chitalu Sampasaid that Chinula had been determined by the Government to havebeen a "prohibited immigrant" who entered Zambia illegally fromMalawi, where the Government alleged he was born. Legal andhuman rights groups protested the deportation, asserting--alongwith Chinula--that Chinula had been born in Zambia and that thedeportation was a denial of due process. Zambian law providesthat a prohibited immigrant is liable to deportation once avalid deportation order is signed. Chinula's longstanding tiesto Zambia and his prominence as a politician raised questionsabout the Government's motives in deporting him. e. Denial of Fair Public TrialThe Government respects the independence of the judiciary. OnDecember 2, the National Assembly passed a judicial autonomybill that will enhance the independence of the courts byseparating their administration from the Ministry of LegalAffairs.The President nominates and the National Assembly confirms theChief Justice and the other eight members of the SupremeCourt. The Court has appellate jurisdiction for all legal andconstitutional disputes. Several high courts have authority tohear criminal and civil cases and appeals from lower courts.Magistrate courts have original jurisdiction in some criminaland civil cases, while local, or customary, courts handle mostcivil cases at the local level.These local courts employ the principles of customary law,which vary widely throughout the country. Lawyers are barredfrom participating, and there are few formal rules ofprocedure. Presiding judges, who are usually prominent localcitizens, have great power to invoke customary law in renderingjudgments regarding weddings, divorces, inheritances, othercivil proceedings, and minor criminal matters. Judgments areoften not in accordance with the Penal Code; for example, theytend to discriminate against women in matters of inheritance(see Section 5).Trials in magistrate courts are public, and defendants have theopportunity to confront accusers and present witnesses. Manydefendants, however, are too poor to retain a lawyer and thepoor state of the Government's legal aid department means thatmany Zambians entitled to legal aid find that it is unavailable.There are no political prisoners in Zambia. The trials of anumber of UNIP members detained in connection with the 1993state of emergency continued in the courts during 1994. Alldefendants remained free on bail while their trials proceeded.One person convicted in 1993 remained free pendingconsideration of his appeal. In March a Lusaka magistrateacquitted one of the defendants. In September anothermagistrate found Member of Parliament Wezi Kaunda, son of theformer president, guilty of possession of a seditious document--the so-called zero option plan. Kaunda was exonerated,however, of the more serious charge of treason and remainedfree as he appealed the conviction to the High Court. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution provides for respect for privacy and theinviolability of the home, and the authorities generallyrespected these rights in practice. Except during a state ofemergency, the law requires a warrant before police may enter ahome. Roundups of suspected illegal aliens in the home orworkplace continued. According to the government Commissionerfor Refugees, immigration officials are empowered under the lawto conduct these roundups without a warrant.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressWhile the Constitution provides for freedom of expression andof the press, the Penal Code lists various prohibitedactivities that may be broadly interpreted and in effectrestrict freedom of expression and press. By year's end, noaction had been taken on media reform proposals to revise manyof these archaic Penal Code provisions. The Governmentgenerally respected freedom of expression, but invoked theserestrictive laws--for example, prohibiting defamation of thePresident--in selected cases.The Government or its appointed officials filed over two dozenlibel and defamation suits against the independent weeklynewspaper, The Post, in response to a series of headlines andstories focusing mainly on issues of corruption andcontroversial government policies. The Government harassedPost personnel by detaining them for short periods forquestioning in connection with these reports. In anotherinstance, the Government charged a Member of Parliament andformer minister with making accusatory statements in the courseof his reaction to having been fired from his ministerialposition. At year's end, these libel and defamation suits werestill awaiting decisions by the judiciary.In August Parliament passed an ethics bill, one section ofwhich extended the authority of investigative tribunals to callas witnesses journalists and media managers who printallegations of parliamentary misconduct. Failure to cooperatewith the tribunal may result in charges of contempt punishableby up to 6 months in jail. Although the Government denied it,this was seen by the media as a clear infringement on pressfreedom and a means for parliamentarians to bypass the cloggedcourt system in dealing with libel suits against the media.The Press Association of Zambia announced its own media ethicscode and voluntary industry ethics board within days after thebill was passed, denouncing the amendment in the process.The Government owns the two most widely circulated newspapers,as well as most radio and television broadcasting stations.There are a number of independent newspapers, three of whichare active in questioning government actions and policies andwhich enjoy considerable circulation. At midyear, theGovernment approved and issued eight licenses to independentradio and television broadcasters to begin construction offacilities. The first of these went on the air in December.The Government exercises considerable influence over thegovernment-owned media, which to varying degrees have followedthe government line on important issues.The Government took no action to restrain academic freedomduring the year. In October, however, the Government sternlywarned University of Zambia students not to participateactively in politics. Education Minister Alfeyo Hambayi,recalling student unrest that has led to frequent universityclosings, said students wishing to participate in politicsshould leave school. Authorities threatened that students whoviolated the ban would lose their scholarships. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for freedom of peaceful assembly andassociation. In practice, the Government respected theseprovisions. Under the Public Order Act of 1955, persons ororganizations wishing to hold an assembly, public meeting, orprocession must first apply for a permit. The Governmentroutinely granted these permits to political parties andnonpolitical organizations, including to former PresidentKenneth Kaunda, who beginning in July held a series ofpolitical meetings and rallies.All organizations must apply formally for registration to theRegistrar of Societies. In most cases the authoritiesroutinely approved these applications. However, an Islamicparty, which the Government refused to register in 1993, hadnot been registered at year's end. During the year, there wereover 30 political parties in operation. c. Freedom of ReligionFreedom of religion is provided for in the Constitution, andall faiths worship freely. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution provides citizens the right to move freelythroughout Zambia, to reside in any part of the country, and todepart and return to the country without restriction. Theauthorities generally respected these rights during 1994, butpolice roadblocks to control criminal activity continued, andpolice sometimes extorted money and goods from motorists.The United Nations High Commissioner for Refugees (UNHCR)estimated that there were approximately 141,000 refugees,mainly Angolans, in Zambia in 1994, down slightly from 1993.The Government cooperated with the UNHCR in processingapplications for refugee status.A steady trickle of Zairians continued to cross into Zambiaduring the year. In response to alleged criminal activities ofmany Zairians in the border region, the Government rounded up,arrested, and deported many Zairians and other illegal aliensthroughout the year. The deportation of illegal aliens islawful, but Zairians and others who had been accorded refugeestatus by the UNHCR were sometimes picked up and held forvarying lengths of time before being released. In severalcases, the Government deported refugees who were registeredwith the UNHCR.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentZambian citizens exercised the right to change their governmentin free and fair multiparty elections in 1991, following yearsof one-party rule by UNIP. Nationwide local governmentelections are scheduled for 1995; elections for President andthe National Assembly are scheduled for 1996. The ruling MMDcontrols the executive branch and the National Assembly.Under the 1991 Constitution the President wields broadauthority. Although the National Assembly ratifies majorappointments and has other powers, in practice it continuedduring 1994 to provide only a limited check on executiveauthority. The state of emergency that President Chilubadeclared in March 1993 lapsed 3 months later, and he did notuse this constitutionally authorized power during 1994. Thepace of constitutional reform increased during the year as the24-member Constitutional Review Commission conducted hearingsthroughout the nation.The MMD continued to be the dominant political force in thecountry. UNIP was further weakened by internal divisions,exacerbated during the last 6 months of the year by formerpresident Kaunda's return to active politics. The NationalParty, formed in 1993, foundered due to indecisive leadership,internal divisions, and a lack of clear direction. These andother political parties generally operated without governmentinterference, although individual UNIP members were sometimessubjected to harassment. Several political parties contestedNational Assembly by-elections, all but one of which were wonby the MMD. These elections featured a low turnout ofregistered voters, and their fairness was undermined by theMMD's use of government resources--including the state-ownedmedia--during campaigns. In some instances, MMD campaignthemes were highly intimidating, such as when high-rankinggovernment officials told voters that their region would notreceive development assistance if they failed to elect the MMDcandidate.Opposition parties called on the MMD to update the voterregister in order to enfranchise thousands of citizens whobecame eligible to vote since the register was last updated in1989. Although the Government publicly recognized the need torevise the register, by year's end it continued to delay thepreparation of a concrete registration plan.The number of influential women in politics and government isincreasing. Women now serve as cabinet ministers, deputyministers, members of the National Assembly, ministerialpermanent secretaries, numerous elected local governmentofficials, and leaders of nongovernmental organizations.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsA number of human rights and civic organizations operatedwithout government hindrance. These include the LawAssociation of Zambia, the Foundation for Democratic Process,and the Zambia Civic Education Association. Other groups wereactive in promoting women's civil and political rights. Thegovernment-appointed Human Rights Commission operatedthroughout the year and, as previously noted, was a vigoroushuman rights advocate.In general, the Government continued to be receptive tocriticism from human rights and civic organizations, but onoccasion, government officials, including the Home AffairsMinister, accused human rights monitors of abetting crime andthwarting the work of the police through their focus on thevictims of police brutality. Despite such charges, the policecooperated with the ZCEA during part of the year to facilitatehuman rights training to police officers, although a disputeover course content disrupted the training in August. InSeptember the ZCEA and police agreed to resume the training inearly 1995 at the police training academy. Police officersregularly appeared before the Human Rights Commission.The Government was receptive to inquiries or visits byinternational human rights organizations.</text>
</content>
<name>Zambia </name>
<script></script>
</card>
card_78581.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ZAIRE HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Some 90,000 Zairians have sought asylum in neighboringcountries. The Government deals with prospective returneesindividually, and there is no evidence of discrimination.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe Transition Act mandates the rights of citizens to changetheir government, but the Mobutu regime continues to deny thisright. The 4-year program for transition to democracy remainedstalled through much of the year. In 1993 President Mobutuinstalled Prime Minister Faustin Birindwa--in defiance ofconstitutionally mandated procedures. The Birindwa Governmentcontinued to exercise power through the first half of theyear. The Tshisekedi Government, which had held powerpreviously, refused to step down.In 1994, seeking to end the political impasse, Mobutu andopposition leaders negotiated a Transition Act, which led tothe election of opposition leader Kengo Wa Dondo as PrimeMinister on June 14. Since then, Kengo's Government announcedits intention to propose legislation establishing electionprocedures, and otherwise prepare the legal and administrativebasis for holding free and fair elections by mid-1995, asmandated by the Transition Act. The Kengo Governmentintroduced in December legislation to establish an electoralcommission. However, since President Mobutu continues tomaintain authority over many government operations through hiscontrol of key units of the military and the administration,including the Central Bank, and the Tshisekedi oppositionremains intransigent, the outlook for legitimate 1995 electionsremains highly uncertain.There is no official discrimination against the participationof women or minorities in politics. However, there are only 2women in the Cabinet, and only about 30 women in the 748-membertransition Parliament. Although citizens, Pygmies living inremote areas take no part in the political process.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsA number of nongovernmental Zairian human rights organizations,including the Zairian League of Human Rights, the Voice of theVoiceless (VSV), the Zairian Association for the Defense ofHuman Rights (AZADHO), and the Zairian Prison Fellowship havereported and documented human rights abuses and issued reportson the Government's attitude regarding its responsibility toprotect these rights and to meet the basic human needs of thepopulation. Although human rights organizations generally wereable to work unhindered, there were several episodes ofharassment. They also encountered delays in registration,unlike the treatment provided other organizations which do notfocus primarily on human rights abuses.Security forces confiscated AZADHO publications when thatorganization's president attempted to travel to the UnitedStates in January. After delaying his travel a week, theAZADHO president left Zaire without further incident. In theprovince of Haut Zaire, local authorities forbade a VSVrepresentative from holding a human rights seminar without theexpress permission of the provincial governor. When nopermission was forthcoming, the representative held the meetinganyway, without incident. However, authorities jailed anotherVSV representative working in Haut Zaire for several hours whenhe inquired about several prisoners.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusBoth the Constitution and the Transition Act forbiddiscrimination based on ethnicity, sex, or religiousaffiliation. Nonetheless, the Government continues todiscriminate in some areas, and legal and societaldiscrimination continues as well. WomenDespite constitutional provisions, in practice women arerelegated to a secondary role in society. They are the primaryfarm laborers and small traders and are exclusively responsiblefor child rearing. In the nontraditional sector, womencommonly receive less pay for comparable work. Women tend toreceive less education than men. Although women work in theprofessions and the civil service, only rarely do they occupypositions that permit them to exercise authority over maleprofessionals. Few have attained positions of highresponsibility. Women are required by law to obtain theirspouse's permission before engaging in routine legaltransactions, such as selling or renting real estate, opening abank account, accepting employment, or applying for apassport. A 1987 revision of the Family Code permits a widowto inherit her husband's property, to control her own property,and to receive a property settlement in the event of divorce.However, in cases where the inheritance is contested, littleeffective intervention is likely from the dysfunctionaljudiciary. The press and human rights groups generally ignorethe question of domestic violence, despite its commonoccurrence. ChildrenGovernment spending on children's programs is nearlynonexistent. Most schools, for example, only function in areaswhere parents have formed cooperatives to pay teachers'salaries.There are no documented cases in which security forces orothers target children for specific abuse, although childrensuffer from the same conditions of generalized social disorderand widespread disregard for human rights that affect societyas a whole.Female genital mutilation is not widespread, but is practicedon young girls among isolated groups in the North. Indigenous PeopleSocietal discrimination continues against Zaire's Pygmypopulation of 6,000 to 10,000. There were no known reports ofconflicts between Pygmies and agrarian populations in 1994. National/Racial/Ethnic MinoritiesZaire's population of about 40 million includes over 200separate ethnic groups. Four indigenous languages havenational status. French is the language of government,commerce, and education. Political offices have generally beenproportionally allocated among the various ethnic groups, butmembers of President Mobutu's Ngbandi ethnic group aredisproportionately represented at the highest levels of thesecurity and intelligence services. People with DisabilitiesThe law does not mandate accessibility to buildings andgovernment services for the disabled. Special schools, manywith missionary staff, use private funds and limited publicsupport to provide education and vocational training to blindand physically disabled students.Section 6 Worker Rights a. The Right of AssociationThe Constitution and legislation provide for the right to formand join trade unions to all workers except magistrates andmilitary personnel (including the gendarmes and nationalpolice).Before 1990 the law required all trade unions to affiliate withthe National Union of Zairian Workers (UNTZA), the singlelegally recognized labor confederation which was an integralpart of the only legal political party, the MPR. Whenpolitical pluralism was permitted in April 1990, the UNTZAdisaffiliated itself from the MPR and reorganized under newleadership chosen through elections deemed fair by outsideobservers. Although UNTZA remains the largest union, almost100 other independent labor unions and centrals are nowregistered with the Labor Ministry, some of them affiliatedwith political parties or associated with a single industry orgeographic area.The law recognized the right to strike; however, legal strikesrarely occur since the law requires prior resort to lengthymandatory arbitration and appeal procedures. Labor unions havenot effectively defended the rights of workers in thedeteriorating economic environment.Most public sector employees, including judicial sectorworkers, struck sporadically throughout the year to protestnonpayment of salaries. Three day-long politically directedgeneral strikes, on January 19, May 27, and July 8, halted mostactivity in Kinshasa and in some provincial capitals. Althoughthe general strikes demonstrated the power of the opposition,they did not have a significant impact on worker issues.Unions may affiliate with international bodies. UNTZAparticipates actively in the Organization of African TradeUnion Unity, and the Union Central of Zaire is affiliated withthe World Confederation of Labor. b. The Right to Organize and Bargain CollectivelyThe law provides for the right to bargain collectively, and anagreement between the UNTZA and the Employers Associationprovided for wages and prices to be negotiated jointly eachyear under minimal government supervision. This system, whichfunctioned until 1991, broke down as a result of the rapiddepreciation of the currency. Continuing hyperinflation hasencouraged a return to pay rates individually arranged betweenemployers and employees; collective bargaining still exists, atmost, on the level of the individual enterprise.The collapse of the formal economy has also resulted in adecline in the influence of unions, a tendency to ignoreexisting labor regulations, and a buyer's market for labor.The Labor Code prohibits antiunion discrimination, althoughthis regulation is not strongly enforced. In the publicsector, the Government sets wages by decree; public sectorunions act only in an informal advisory capacity.There are no export processing zones in Zaire. c. Prohibition of Forced or Compulsory LaborThe law prohibits forced labor, and it is not practiced. d. Minimum Age for Employment of ChildrenThe legal minimum age for employment is 18 years. Employersmay legally hire minors 14 and older with the consent of aparent or guardian, but those under 16 may work a maximum of 4hours per day; youth between 16 and 18 may work up to 8 hours.Although the law bars minors under 18 from a wide variety ofjobs deemed dangerous or unhealthy, authorities do notgenerally enforce these regulations. Employment of children ofall ages is common in the informal economic sector and insubsistence agriculture. Neither the Ministry of Labor, whichis responsible for enforcement, nor the labor unions, make aneffort to enforce child labor laws. Larger enterprises do notcommonly exploit child labor. e. Acceptable Conditions of WorkMost Zairians are engaged in subsistence agriculture orcommerce outside the formal wage sector. The minimum wage,last adjusted by Government decree in 1990, continued to beirrelevant due to rapid inflation. Most workers relied on theextended family and informal economic activity to survive.The maximum legal workweek (excluding voluntary overtime) is48 hours. One 24-hour rest period is required every 7 days.The Labor Code specifies health and safety standards. TheMinistry of Labor is officially charged with enforcement ofthese standards. However, the International Labor OrganizationCommittee of Experts again expressed concern about theinadequacy of reporting during previous years, blaming thisunsatisfactory performance on the dearth of human and materialresources provided to the Ministry. There are no provisions inthe Labor Code permitting workers to remove themselves fromdangerous work situations without penalty.</text>
</content>
<name> </name>
<script></script>
</card>
card_78020.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ZAIRE HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 ZAIREPresident Mobutu Sese Seko has dominated an authoritariangovernmental system since seizing power in a 1965 militarycoup. Under the pressure of economic crisis and domesticunrest, Mobutu in 1990 announced a "transition to democracy."Four years later, it remains far from complete. A NationalConference (CNS) investigated official wrongdoing, drafted anew Constitution, and selected Etienne Tshisekedi Wa Mulumba,Mobutu's most implacable political foe, as Prime Minister.Denouncing the authority and decisions of the CNS, Mobutudismissed Tshisekedi in 1993 and appointed a defector fromTshisekedi's own Union for Democracy and Social Progress (UDPS)Party, Faustin Birindwa, as Prime Minister. Refusing torecognize Mobutu's authority to remove him, Tshisekedi presidedover a parallel set of governmental institutions until June,while most of the basic functions of government came to a halt.In mid-1994 Mobutu's political allies and opposition leadersfinally negotiated an end to the political impasse andestablished a transition Parliament (the HCR-PT) which electedthe opposition Union of Independent Democrats's Kengo Wa Dondoas transition Prime Minister. Under the agreement, ministerialpositions are divided equally between Mobutu supporters and theopposition. The UDPS and some smaller opposition groupscontinue to insist on Tshisekedi's legitimacy and refuse toaccept Kengo's election or the portfolios reserved for them.President Mobutu generally retained control of his carefullybuilt overlapping security forces, a crucial factor in thetransitional process. The President's brother-in-law, GeneralBaramoto Kpama Kpata, heads the Civil Guard, while Mobutu'sethnic kinsman General Nzimbi Ngbale heads the SpecialPresidential Division (DSP). The regular armed forces, whichinclude the Gendarmerie, are poorly trained, poorlydisciplined, and not effective as an internal or externalsecurity service. Moreover, members of the security forces,unpaid for months on end, frequently prey on civilians. Therewas one instance of large-scale armed forces pillaging, in thetown of Mbanza-Ngungu. Members of the armed forces have alsobeen implicated in numerous cases of small-scale armed robbery,extortion, and pillage.The economy is based on subsistence agriculture, with little ofthe hard currency revenue traditionally generated by the miningand minerals industry, itself now crippled by deterioratinginfrastructure and lack of new investment. Diamond exports--much of them from outside regulated channels--are now themainstay of the country's hard currency revenues. As theeconomy contracted, public employees went unpaid for months ata time, and corruption, blackmail, extortion, and embezzlementbecame endemic. At year's end, the Kengo Government was stillstruggling to wrest control of the Central Bank from Mobutu,and to halt an influx of illegally printed currency that pushedthe annual inflation rate to 7,800 percent. Zaire has had nogovernment budget since 1992.Both the security forces and the military continued to commitwidespread abuses, including extrajudicial killings andinfringement upon individual rights in the continuingdisintegration of state authority. The security forcescontinued to threaten, torture, and illegally detain officialsand others. Some political demonstrations proceededunhindered, but police disrupted others with threats, arrests,beatings, and detentions. The present Government jailed andprosecuted only a few soldiers and no officials for humanrights abuses. Provincial officials continued to incite ethnicstrife leading to massive displacement and deaths in Shaba,although on a smaller scale than the unprecedented violence in1993. The central Government tolerated it until August, whenthe Prime Minister traveled to the area and publiclyreprimanded the Shaba governor. The military and vigilantesfrequently committed acts of violence, usually with impunity.Prison conditions, already life-threatening, deterioratedfurther, although the Government did release sick prisoners.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThe undisciplined security forces committed numerousextrajudicial killings; in some cases these were linked topersonal rivalries. With only token wages--often none--formonths at a time, many soldiers and gendarmes resorted torobbery and extortion, sometimes killing their victims orbystanders. Human rights observers, the press and eyewitnessesreported several dozen such fatal altercations, many committedby uniformed personnel. It is highly likely that additionalincidents went unreported, especially in Zaire's remoteinterior. In January security forces shot and killed aKinshasa currency vendor, and a soldier beat a taxi driver todeath; the soldier was tried and imprisoned. In October amilitary tribunal sentenced a warrant officer and severalenlisted troops to jail for killing a Goma businessman.However, the Government neither investigated nor punished theperpetrators in most cases, hindering efforts to determine thenumber of killings and the extent of the security forces'involvement. In several cases, poorly trained soldiers putdown disturbances using lethal force.In April elite security forces put down armed mutiny inMbanza-Ngungu and reportedly killed suspected looters. Humanrights monitors reported that a series of confrontationsbetween security forces and local residents left at least twocivilians, a gendarme, and a soldier dead in Bukavu duringseveral days of intermittent rioting in January. Thedisturbances began when gendarmes investigating a lootingentered a home and wounded a resident; a crowd of civiliansthen beat one of the gendarmes to death. Over the next severaldays, security forces and others looted homes and businesses,wounded more people, and killed a security guard. Two daysafter the original altercation, a Civil Guard killed a vendor,and civilian bystanders in turn killed him. Credibleeyewitnesses have refuted earlier reports that security forceskilled three bystanders in June when authorities arrestedopposition leader Lambert Mende at a rally in Mbuji Mayi.There were no known cases in which security forces deliberatelytargeted political opponents or others for summary execution.In a killing that may have had political overtones, journalistPierre Kabeya of Kin Matin was reportedly abducted, then shotto death in June. However, the motives and the perpetrators ofthe killing remain unknown. In a November case that remainsunresolved, journalist Adolphe Kavula of the newspaper Nsemowas found semiconscious, several days after he disappeared fromhis Kinshasa home and died shortly after. The Kengo Governmentinvestigation found no evidence of foul play, but several humanrights monitors believe security forces abducted, then fatallywounded Mr. Kavula. b. DisappearanceThere were several reports of disappearances; however, giventhe administrative breakdown throughout the country, some ofthese incidents may be cases of criminal kidnaping rather thanpolitically motivated disappearances. Although security forcesfrequently hold detainees incommunicado or in secret jails,they typically do not attempt to conceal the fact of detention(see Section 1.d.). There were scattered reports of abductionsin which unidentified assailants detained, threatened, andsometimes beat journalists or opposition politicians beforereleasing them. In one such abduction, apparently linked tothe Union of Independent Republicans (UFERI) Party's campaignof ethnic intimidation in Shaba province, assailants believedto be members of the UFERI Youth Wing (JUFERI) demanded that apublic administrator give up his job in favor of a native ofShaba. In most abduction cases, a political motive is notapparent. c. Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentAlthough the law forbids torture, security forces regularlyignore this prohibition. The use of torture is widespread, andthe authorities, including the judiciary, rarely investigateclaims of torture. Security personnel frequently beatprisoners in the process of arresting or interrogating them.There were numerous reports that prisoners, including politicalopponents of the Mobutu regime, were struck, burned, orsuspended upside down for long periods of time.The press and human rights groups reported that undisciplinedand often unpaid security forces routinely resorted to robbery,carjacking, extortion, and random acts of violence againstordinary citizens. Numerous reports from human rights monitorsand the press describe cases in which criminals believed tobelong to the security forces beat, raped, or threatened theirvictims before stealing from them. Top military officials haveinformed their troops that they will prosecute such abuses inmilitary courts; in some cases, they did so. For example,officials discharged 30 soldiers, tried them as civilians, andjailed them for their participation in the looting ofMbanza-Ngungu in April (see Section 1.a.); military courtsconvicted 3 of a 1993 pillage of a private residence inKinshasa, and convicted 2 others of the abduction, rape, andbeating of a civilian couple. Many more such cases, however,are neither investigated nor punished. Prime Minister Kengofailed to implement his promise to disarm all security forcemembers whose jobs did not require weapons for their currentduties.Conditions in most of Zaire's 220 prisons and places ofdetention remain life-threatening. Human rights groupsrecorded two deaths from malnutrition in Kinshasa's Makalacentral prison in May, and six deaths in the Kananga prison inMay and June. During the first half of the year, the centralGovernment all but ceased to provide prisons with operatingfunds; consequently, virtually the only food and medical carewas that provided sporadically by relatives and privatecharities. Tuberculosis and other infectious diseases arerampant. Inmates in Makala sleep on the floor and have noaccess to sanitation, potable water, or adequate health care.Numerous reports on prisons in the interior suggest theseconditions are both typical and widespread. Prime MinisterKengo's Justice Ministry publicly deplored prison conditionsand appealed for international assistance but has made noconcrete improvements. However, in August Justice MinisterKamanda released 48 ill and malnourished prisoners. Abuse ofprisoners is common. In November, at the end of a fact-findingtour, the U.N. Special Rapporteur for Human Rights RobertoGarreton emphasized the problem of prison conditions, noting hehad witnessed evidence of abuse, including torture.The Zairian Prison Fellowship, religious organizations and theInternational Committee of the Red Cross (ICRC) report thatthey have regular access to prisons nationwide. In some cases,however, the Government's unpublicized creation of newunofficial detention sites circumvents their access. Measurestaken to separate men, women, and juvenile prisoners are ofteninadequate. Authorities have not targeted women for abuse,although rape sometimes occurs. d. Arbitrary Arrest, Detention, or ExileUnder Zairian law, serious offenses, punishable by more than6-months imprisonment, do not require a warrant for the arrestof a suspect. Any law enforcement officer having the status of"judicial police officer" is empowered to authorize arrest.This status is also vested in senior officers of each of thesecurity services. The law provides that detainees be broughtbefore a magistrate for a hearing within 48 hours of arrest.If grounds for arrest are presented, the magistrate may orderdetention for an initial period of 15 days, followed byrenewable 30-day periods.In practice, the Government uses arbitrary arrests tointimidate political opponents. Political arrests increasedduring periods of heightened opposition activism, either inconnection with general strikes, demonstrations, or thepoliticized atmosphere surrounding the June 14 election ofPrime Minister Kengo. Authorities rarely file charges,obscuring the precise motive for political arrests. Typically,police detain such prisoners for several days or weeks, thengrant provisional liberty without arraignment.Political prisoners and others are often detainedincommunicado, with irregular or no access to legal counsel.Human rights monitors report cases in which corrupt localofficials use detention as a means of extortion, arrestingpeople on fabricated charges, only releasing them after apayment of a "fine." Human rights monitors estimate thatpolice detained and questioned a half-dozen people aboutopposition-sponsored general strikes. For example, policearrested two opposition leaders after general strikes, PierreMankwamya in January and Olenga Nkoy in May. They detainedboth for several weeks, questioned them about the organizationof the strikes, and released them without formal hearings. Inanother case with political overtones, authorities arrestedUDPS leader Leon Kadima Muntutu on July 5, questioned him aboutillegal currency exchanges, then released him over 2 monthslater without charge.It is difficult to estimate the number of political detaineesdue to detention in clandestine and remote locations andmilitary facilities. In mid-August, the Kengo Governmentreported that virtually all prisoners were detained "forcause," and that none was being held for purely politicalreasons.Security forces detained opposition leaders, sometimes verybriefly, in an apparent effort to halt or head off politicaldemonstrations. Security forces arrested up to 80 people whenthey broke up a January demonstration by the Lumumbist PaluParty. They released most detainees within hours, but heldeight Palu leaders for several days.Police detained Lambert Mende, a spokesman for the oppositionHoly Union, for several hours when he tried to address a rallyin Mbuji Mayi in June; on August 16, police detained threeopposition labor leaders, Enos Bavela, Benjamin Mukulungu, andKibaswa Kwabene, for most of the day when they attempted toorganize a demonstration in Kinshasa.In an incident that still remains unexplained, police detainedformer Prime Minister and chief of the radical oppositionEtienne Tshisekedi on June 12 when he went on or near amilitary base. They released Tshisekedi himself hours laterwithout charge but kept three bodyguards and a driver who werearrested with him in custody for 2 months without charge.Seventy percent of the inmates of Makala prison were officiallyawaiting trial. Human rights and religious organizationssuggest the problem is at least this severe elsewhere, with asmany as 80 percent of inmates awaiting trial in some prisons inthe interior.The Transition Act of 1994 specifically forbids exile, andthere were no known cases. e. Denial of Fair Public TrialDespite constitutional provisions, the judiciary is notindependent of the executive branch, and the executive branchoften manipulates it. Zaire's civil and criminal codes arebased on Belgian and customary law. The legal system includeslower courts, appellate courts, the Supreme Court, and theCourt of State Security. Adherence to acceptable legalprocedures varies considerably. Charges of misconduct againstsenior government officials must be filed directly with theSupreme Court. Corruption is pervasive, particularly amongmagistrates who are poorly paid and poorly trained. Thejudicial system is further hobbled by shortages of personnel,essential supplies, and intimidation of justices. There is asystem of separate military tribunals with an appeals structurethat parallels that of civilian courts. Decisions from themilitary tribunals may be appealed to the Supreme Court.The Transition Act provides for the right to a speedy publictrial, the presumption of innocence, and legal counsel at allstages of proceedings. Defendants have the right to appeal inall cases except those involving national security, armedrobbery, and smuggling, which are adjudicated by the Court ofState Security. The law provides for court-appointed counselat state expense in capital cases, in all proceedings beforethe Supreme Court, and in other cases when requested by acourt. In practice, the authorities frequently ignore theseprotections. Many defendants never meet their counsel or do soonly after months of detention and interrogation. Thejudiciary ceased to function for several months when judicialworkers struck to protest the nonpayment of public employees.Most cases are heard only when defendant and plaintiff pay allcourt costs, including salaries, a situation which encouragescorruption. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceSecurity forces routinely ignore the Constitution's provisionfor the inviolability of the home and of privatecorrespondence. They ignore the requirement for a searchwarrant, entering and searching homes at will. Under thepretext of searching for arms, troops entered and looted thehome of a leader of the radical opposition in Kinshasa; troopsalso looted the home of an urban commissar in Kolwezi. Humanrights monitors and the press report numerous other instancesin which gangs believed to be security forces entered andlooted private homes, sometimes abusing or threatening theresidents. In many of these cases, simple robbery, rather thanpolitical intimidation, appeared to be the motive. Citizenswidely assume that the Government monitors mail and telephonecommunications. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsRegional government officials continued to provoke ethnicclashes in Shaba province and to expel inhabitants originallyfrom the neighboring provinces of Eastern and Western Kasai,many of whom have lived in Shaba for several generations.Throughout most of the year, provincial Governor Gabriel KyunguWa Kumwanza continued to publicly blame Shaba's economicproblems on the Kasaians. On several occasions, militantmembers of Kyungu's UFERI party blocked entry to Kasaian Lubasat their places of employment, blocked Kasaian farmers fromworking in their fields, and in general impeded passage ofnon-Shabans. These attacks began to decline in mid-1994,especially after Prime Minister Kengo's August visit to Shaba,when he publicly reprimanded Kyungu for persecuting theKasaians. As a result of intimidation and the violent clashesof previous years, Kasaians continued to leave Shaba province.Most of them are thought to have returned to impoverishedfarming communities in Eastern Kasai, although many remaincrowded into certain towns in northern Shaba, where they dependon international assistance for survival.Other political rivalries touched off sporadic incidents ofviolence. In July a group of UDPS supporters, who arefrequently found in the street in front of opposition leaderTshisekedi's residence, seized three uniformed soldiers andbeat them severely. Subsequently, a larger group of soldiersarrived and beat several UDPS supporters and bystanders inretaliation. During the ensuing melee, shots were fired,several people were hurt, Tshisekedi's home was damaged andsome of his possessions looted.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution and the Transition Act provide for the rightto express opinion, but the Government restricts this right.In practice, the press and public discussion are freer thanbefore President Mobutu ended the one-party state. During thelatter half of the year, for example, opposition leaders havesignificantly increased their presence on the airwaves.Nonetheless, sporadic local attempts at control andintimidation frequently occur. Newspaper publishers arerequired to deposit copies of each issue with the Ministry ofInformation prior to publication. An ambiguous ordinance on"press freedom" which fails to define "freedom of the press"also serves to promote self-censorship and intimidatejournalists, as does outright intimidation and violence. Forexample, security forces abducted, threatened, beat, anddetained journalists before releasing them (see Section 2.b.).Human rights monitors reported cases of outright intimidation.Security forces searched and ransacked the Kinshasa offices ofL'Analyst, forcing employees to vacate the premises. They alsojailed a journalist for Le Point du Zaire for denouncing theembezzlement of humanitarian assistance by President Mobutu'sPopular Movement for the Revolution (MPR) Party chairman.Several other journalists and editors in the print mediaclaimed security forces threatened them, subjected them toobvious surveillance, or summoned them for interrogation. Theeditor of L'Essor Africain went into hiding when he receivedsuch a summons. The editor of La Reference Plus obeyed hissummons; security forces subsequently questioned him forseveral hours.In May a court sentenced a printer to 4 months' imprisonmentfor distribution of leaflets calling for a general strike.In January Shaba provincial governor Kyungu suspended theLubumbashi newspaper Mukuba for an article deemed "seditious,"and he also suspended Taifa editor Crispin Luamba for "being anonnative." One month later, the Government fined Le Soft forits article on the Information Minister's embezzlement offunds. In an ongoing case, the Government ordered Solidariteto divulge its sources for an article threatening the pillageof local churches.On occasion, the Government or security forces interfered withthe distribution of newspapers. In April elements of theMilitary Action and Research Service seized and burnednewspapers sold by small vendors in Kinshasa. The governor ofManiema ordered a man arrested and detained for a month forbringing "opposition" newspapers from Kinshasa into theprovince.The Kengo Government allowed many foreign journalists to reportthroughout the year. However, in March the Birindwa governmentinvestigated and expelled a Belgian documentary cinema producer.Although numerous newspapers are published in Kinshasa, theirimpact largely remains confined to the capital and a few majorcities. Only the government-controlled radio and, to a muchlesser extent, television, reach mass audiences. The ZairianRadio and Television Office fired 9 of the 12 reporters in thebroadcast media whom it had suspended the previous year,apparently for excessive independence in reporting.The Government generally respects discussion within theuniversity community but restricts the right to publish. b. Freedom of Peaceful Assembly and AssociationThe right of the people to assemble peacefully has never beenfirmly established. The Government requires all organizers ofpublic meetings to apply for a permit. In February thegovernor of Kinshasa issued an additional decree arbitrarilyforbidding all political demonstrations while the Parliament isin session; the decree still stands.Security forces repressed several political demonstrations,some of them violently. In January they broke up ademonstration by the Lumumbist party Palu, beating theparticipants and arresting several dozen persons. Theyreleased many of the participants within hours but detainedeight for several days. They also disrupted two other Paludemonstrations, in January and in May, in similar fashion.At times, the Government tried to prevent demonstrations bydenying permission or arresting the groups' leaders. TheGovernment denied permission to the pro-Tshisekedi UDPS todemonstrate in February and in May. A human rights monitorreported that security forces arrested a UDPS supporter when hetried to organize a demonstration. In August security forcesarrested three leaders of the UDPS-oriented CDT UnionConfederation who were attempting to lead a small demonstrationof public functionaries. The security forces detained theunion leaders for several hours, until the Justice Ministryordered their release. The UDPS did, however, hold a majorrally in June without incident, in sharp contrast to a rallythat the Government violently repressed in 1993. c. Freedom of ReligionThere is no legally favored church or religion, but theTransition Act and the Constitution previously in effect limitreligious freedom by authorizing the Government to regulatereligious sects.The 1971 law regulating religious organizations grants civilservants the power to establish or dissolve religious groups.This law restricted the process for official recognition;however, officially recognized religions are free to establishplaces of worship and to train clergy. Most recognizedchurches have external ties, and foreign nationals are allowedto proselytize. The Government generally does not interferewith foreign missionaries.There has been no further known persecution of the Jehovah'sWitnesses. However, the Supreme Court in 1993 ordered theKengo Government to pay damages to the church because theMobutu government had banned it in 1986 as a danger to thenational interest. The Government has reportedly not yet paidthese damages. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Government restricts freedom of movement. All citizens,refugees and permanent residents must carry identity cards.Police and soldiers erect checkpoints on major roads to inspectpapers. Security forces frequently use such inspections toextort money from travelers at airports, ferry ports androadblocks. In July a decree by Prime Minister Kengo bannedsuch roadblocks. Subsequent reporting indicates that, whilethere have been sporadic improvements in some areas, manyroadblocks remain, particularly in remote areas of the interior.Passports and exit permits are available, in principle, to allcitizens, often at exorbitant cost from corrupt officials.There continue to be sporadic cases in which security forcesharass human rights monitors and opposition politicians whoattempt to leave the country. In some of these cases securityforces confiscated travel documents or other papers, forcingpeople to delay their travel.Zaire was the destination of one of the largest refugeemovements in history, when over 1 million Rwandans poured intothe eastern border towns of Goma and Bukavu in a 5-day period.The influx quickly overwhelmed the Government's material andadministrative resources and created security concerns ofalarming proportions. Undisciplined Zairian security forcesrobbed and extorted goods from refugees and relief agencies.Further complicating the security situation, the ranks of therefugees included an estimated 33,000 retreating Rwandan troopsand an unknown number of militiamen. While the armed forcesconfiscated many weapons at the border crossing, weapons weresmuggled through checkpoints and across remote border areas,contributing to insecurity in the camps. At year's end, formerRwandan military and government officials still controlled mostof the refugee camps. They intimidated both the refugees whowished to return home and relief workers. Citing concerns fortheir security and that of the refugees, numerous relieforganizations threatened to halt operations in the camps,unless an international security force was established there.By year's end, at least one, Medecins Sans Frontieres/France,had shut down operations in the camps for security reasons.The Zairian Government has sought assistance from theinternational community in providing security for the camps.The United Nations High Commissioner for Refugees (UNHCR)estimates that 1.1 million Rwandan refugees remain in Zaire.Early in 1994, only 40,000 Burundian refugees remained of some90,000 who had fled 1993 fighting, but continued instability inBurundi caused additional Burundians to enter, increasing theBurundian population to 125,000. Many of the newly arrivedBurundian refugees live in camps, and virtually all depend onassistance from international agencies and nongovernmentalorganizations (NGO's). Zaire also hosts stable refugeepopulations of Angolans, Sudanese, Ugandans, and others. InNovember, in an action protested by the UNHCR, Zaire forciblyrepatriated 37 Rwandan refugees who were accused of committingcrimes in Zaire.</text>
</content>
<name>Zaire </name>
<script></script>
</card>
card_77641.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: YEMEN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationWorkers have the right of association as stipulated by law.Before the outbreak of the civil war, labor unions in the northand south were closely controlled by the respective rulingparties. With the end of the war, the Labor Code of the formerNorth Yemen has become the law in fact. The Government has notyet enacted a formal labor code.Under the law, a union may be set up by 100 or more workersupon application to and approval by the Government. If a uniondoes not apply for or is not given governmental approval, it isillegal. The Code prescribes a single union system with oneunion committee, or union local, for each enterprise; onegeneral union for an economic sector, and one national umbrellaorganization, Yemeni Confederation of Labor Unions (YCLU),which was established in 1990 at the time of the unification.The YCLU is affiliated with the International Confederation ofArab Trade Unions and the formerly Soviet-controlled WorldFederation of Trade Unions. Experts suggest that theGovernment likely would not tolerate the establishment of analternative labor federation unless it believed it to be in itsbest interests.By law civil servants and public sector workers, and somecategories of farm workers, may not join unions. The Presidentis authorized to dissolve a union by decree. Unions may notlegally engage in political activity and must allow theGovernment to inspect their records.The law neither prohibits nor provides for the right to strike,nor does it prohibit retribution against strikers. There wereno known major strikes in 1994. b. The Right to Organize and Bargain CollectivelyExisting law does not protect the right to bargaincollectively. The Government must approve any collectiveagreement. However, there are no known comprehensivecollective bargaining agreements at present. Unions maynegotiate wage settlements for their members and have oftenresorted to strikes or other actions to achieve their demands.The Labor Code does not prohibit antiunion discrimination.Therefore, employers are not required to reinstate workersfired for union activities. If employers engage in anti-unionactivity, the legal recourse for the union to fight suchactivity is limited. Nevertheless, there is a system of laborcourts, which are often favorably disposed towardunions--especially if the employer is a foreign company.In 1993 the International Labor Organization's Committee ofExperts urged the Government to adopt legislation protectingworkers against antiunion discrimination. The Government hasnot yet taken such a step.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits forced or compulsory labor. Thereare no reports that it occurs. d. Minimum Age for Employment of ChildrenChild labor is common, especially in rural areas. Even inurban areas, children may be observed working in workshops,stores, and begging in the streets. There is no minimum agefor the employment of children, but the existing Code permitsapprenticeships for children who are 14 years old. TheGovernment is not able to enforce this regulation, however,especially in rural and remote areas where it has littleinfluence over local custom. In general, family tradition andsocial mores do not discourage child labor. e. Acceptable Conditions of WorkThere is no minimum wage. The prevailing daily wage forunskilled workers allows only a very modest standard of livingfor a worker with a family. This low standard has been erodedfurther by inflation.The law prescribes a maximum 8-hour workday, but many workshopsand stores operate 10- to 12-hour shifts without penalty. Thelaw limits the workweek to 48 hours, but there is no specificprovision for a 24-hour rest period. Government employees worka 35-hour, 6-day workweek.There is no legislation providing workers with the right toremove themselves from dangerous work situations. Enforcementof health and safety regulations is lax. Some foreign-ownedcompanies implement higher health, safety, and environmentalstandards than required in Yemen.</text>
</content>
<name> </name>
<script></script>
</card>
card_77507.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: YEMEN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 YEMENThe Republic of Yemen was proclaimed in 1990 following theunification of the former Yemen Arab Republic (YAR), or NorthYemen, and the People's Democratic Republic of Yemen (PDRY), orSouth Yemen. After a relatively calm transition period ofseveral years, a "unity" crisis ensued, and in May a civil warbroke out during which the southern part seceded. By earlyJuly, unionist military forces prevailed against southern-basedsecessionists. After the fighting, most of the secessionistleadership fled abroad. Since then, the main party of thesouth, the Yemeni Socialist Party (YSP), elected a newleadership and is now an opposition party. The governingcoalition is composed of the General People's Congress (GPC)and the Islamic Yemeni Grouping for Reform (Islaah).The Government adopted a new Constitution in September,replacing the 1991 Constitution. The President is Ali AbdullahSaleh, the former President of the Yemen Arab Republic andleader of the GPC. He was elected to a 5-year term in 1994 bythe legislature, but the Constitution provides that henceforththe President will be elected in a popular vote from candidatesselected by the legislature. The 301-seat House ofRepresentatives was elected in 1993--the first multipartyParliament elected by popular vote and universal suffrage.Tribal leaders control many parts of the country where centralauthority is weak.The primary state security apparatus is the Political SecurityOrganization (PSO) which reports directly to the President. Itis independent of the Ministry of Interior. PSO officers havebroad discretion over perceived national security issues and,despite constitutional constraints, routinely detain citizensfor questioning, frequently mistreat them, monitor theiractivities, and search their homes. The Criminal InvestigativeDepartment (CID) of the police conducts most arrests. TheCentral Security Organization (CSO), a part of the Ministry ofthe Interior, maintains a paramilitary force.Yemen is a poor country in which oil and agriculture dominatethe economy. Oil is the primary source of foreign exchange,but remittances from some 500,000 Yemenis working in SaudiArabia are also important. The level of remittances wassharply reduced after Saudi Arabia and other Gulf statesexpelled up to 850,000 Yemeni workers during the Gulf Warbecause of the Government's support for Iraq. Most of the Gulf stateshave also suspended foreign assistance programs, andmuch Western aid has been reduced.While the Government remains in principle committed todemocratic reform, some serious human rights abuses took placebefore, during, and after the civil war. Major problemsinclude arbitrary arrest and detention, especially of thoseregarded as "separatists"; torture; infringements on thefreedom of the press; and widespread discrimination based onsex, race, and religion.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingBefore and during the civil war, there were widespread reportsthat government and southern Yemeni forces, including membersof the YSP, committed extrajudicial killings of both civiliansand military personnel. None of the allegations has beensubstantiated. b. DisappearanceAs in previous years, many citizens reportedly disappearedfollowing their arrests by the security forces or regular armyunits. Most disappearances were temporary and were members ofthe YSP. Central government forces released the vast majorityof these persons after varying periods of detention.Hundreds of cases of disappearances dating from the 1970's,implicating the governments of both North and South Yemen,remain unresolved. Included among these cases are some 200 to300 South Yemenis who disappeared in the former PDRY during aninternal conflict in 1986. The Government has neverestablished a mechanism to resolve such cases. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution is ambiguous on its prohibition of cruel orinhuman punishments. It states that the Government may notimpose "illegal" punishments--a formulation that may beinterpreted as permitting amputations according to Islamic law,or Shar'ia. Another article asserts that Shar'ia is "thesource of all legislation."There is no indication that the Government has carried outamputations. However, there have been undocumented reportsthat prison and other officials have carried out such actsextrajudicially.The Government tightly controls access to detentionfacilities. Nonetheless, it permits most impartial observersto visit prisoners and detainees with some exceptions.Although there is no evidence that the authorities torturedetainees arrested for common felonies, on occasion they mayresort to force, or the threat of force, to extractinformation. The press continues to report stories of allegedtorture and mistreatment of detainees and prisoners.The use of torture by central government forces is believed toexist but is uncommon. There were undocumented reports thatboth sides tortured military personnel captured during thecivil war. One international human rights group reported thatsoldiers tied up some prisoners and hung them from a rod withbound hands and feet.However, there were credible reports that central governmentforces inhumanely treated northern military officers suspectedof secessionist sympathies. There were also reports that theauthorities inhumanely treated prisoners held in "secret"military prisons (see Section 1.d.).Prison conditions do not meet internationally recognizedminimum standards. Prisons are overcrowded, sanitaryconditions are poor, and rations and health care inadequate.Inmates depend on relatives to provide food and medicines. Theauthorities still use leg irons and shackles, and the lawpermits flogging. Many cases of reported flogging occurred in1992 and 1993; the practice likely continued in 1994.Shortly after the war, when Aden, the former capital of thePDRY, was occupied by troops and "Islamic extremists," personswere often flogged in public, without trial, for offenses suchas drinking alcohol or walking with a member of the oppositesex. These floggings were evidently carried out asextrajudicial punishments for those deemed to have transgressedIslamic law. The practice was discontinued after theGovernment restored law and order. d. Arbitrary Arrest, Detention, or ExileDespite constitutional and other legal provisions, therecontinue to be reports of arbitrary arrest and prolongeddetention without charge. According to the Constitution,detainees must be arraigned within 24 hours of arrest orreleased. The judge or district attorney must inform theaccused of the basis for the arrest and decide whether or notto hold the accused. In no case may a detainee be held longerthan 7 days without a court order.Detainees have the right to inform their families of theirarrests and may decline to answer questions duringinterrogation without an attorney present. In practice, manyauthorities respect these rights only if bribed. There is asystem of bail.Some detainees are reportedly held in an undetermined number ofunauthorized or secret locations. Attorneys and other judicialauthorities have complained of the continued existence ofextrajudicial prisons maintained by certain ministries, notablythe Ministry of Interior. The Government has failed to ensurethat detainees and prisoners are incarcerated in authorizeddetention facilities. Army bases are not believed to be usedas detention facilities for civilian prisoners. Moreover, someunauthorized prisons are believed to exist in "tribal" areas.Approximately 100 to 200 northern military officers suspectedof having separatist sympathies during the civil war arebelieved to be held under inhumane conditions in secretmilitary prisons. However, the existence of such prisons hasnot been confirmed.In certain cases where a suspect is at large, the securityforces may detain one of the suspect's relatives while thesuspect is sought and the families of the suspect and victimnegotiate compensation for the alleged wrongdoing.As many as 4,000 inmates, most of whom are accused or convictedfelons, are imprisoned without documentation concerning theirsentences or reasons for their arrest. Most were moved tocentral prisons from outlying jails following unification in1990. Written records for southern prisoners were in mostcases lost or destroyed in the civil war or the subsequentlooting. The authorities in the north reportedly never keptrecords. Many inmates who are released during the customaryannual amnesty are believed to be among those without anywritten record of their arrest or sentence.At the end of the civil war, the President pardoned all personswho fought against the central Government. The amnestyextended to all military personnel and most of the leaders ofthe unrecognized, secessionist Democratic Republic of Yemen(DRY), except for the DRY's 16 most senior leaders who fledabroad. Although they were technically not forced into exile,they would presumably be subject to arrest if they returned.President Saleh stated that the cases of some of the 16 wouldbe reconsidered if they renounce their separatist ambitions.Many thousands of Yemenis returned from abroad to takeadvantage of the amnesty. e. Denial of a Fair TrialFrom 1990 until the outbreak of the civil war, the courts innorthern and southern Yemen functioned as before unification:they applied two distinct bodies of law but shared a commonSupreme Court. After the civil war, the Government merged thetwo judiciaries.There are two types of courts: Islamic law or Shar'ia courts,which try criminal cases and adjudicate issues of personalstatus, such as divorce and inheritance; and the commercialcourts. There are no jury trials in the Shar'ia system. Casesare adjudicated by a judge who plays an active role inquestioning witnesses, but defense attorneys are allowed toadvise their clients, address the court, and examinewitnesses. Defendants have the right to appeal theirsentences. Trials are public.In commercial courts, defendants also enjoy the right ofappeal, and court sessions are generally open to the public.However, both the Shar'ia and the commercial courts may conductclosed sessions "for reasons of public security or morals."Foreign litigants in commercial disputes have complained ofbiased rulings.The judiciary is not fully independent. Many litigantsmaintain that a judge's tribal ties, and even bribery,sometimes have greater influence on the verdict than the thelaw or facts. Others maintain that judges closely associatedwith the Government often render decisions favorable to it.The President denies that the Government detains politicalprisoners. However, an estimated 100 to 200 military officers,allegedly sympathetic to the breakaway DRY, are reportedlydetained in secret military prisons (see Section l.d.). f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceDespite constitutional provisions against such interference,security forces routinely search homes, monitor telephones,read personal mail, and otherwise intrude into personal mattersfor alleged security considerations. Such activities areconducted without warrants issued by legal authorities or otherjudicial supervision. Many citizens believe that the securityforces monitor telephone conversations. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsCombatants on both sides in the civil war conducted a number ofabuses against unarmed civilians. Such practices included theuse of Scud missiles against targets in populated areas; armedconflict conducted near refugees; and the shelling of urbanareas, particularly Aden. In some instances, military forcesappeared to seek refuge in densely populated areas, threateningcivilians often caught in the crossfire, although most tankbattles took place in rural areas. Vast numbers of mines,which threaten the lives of civilians in the south, were leftbehind and hamper efforts to restore water and electricity toAden.In one instance in May, government army units surrounded theYSP headquarters building in Sanaa. According to eyewitnesses,tanks were used to overpower a small contingent of YSP guards,who fought back determinedly. The army reportedly may not havegiven the guards a sufficient opportunity to surrender beforeopening fire. Although there were no known fatalities, thedestruction of the property exceeded necessity. The Governmenthas not undertaken any investigation of the incident.Human rights groups and others noted extensive looting,vandalism, and destruction not caused during the prosecution ofthe war. While military forces may not have been directlyimplicated in much of the vandalism, some observers maintainthat they may have been able to prevent it. They also claimthat the looting and vandalism may have exceeded war-relateddamage in some urban areas of the south.After the war, the Central Government restored order in thesouth, and the incidence of political violence aimed at the YSPdecreased.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution restricts the freedoms of speech and press"within the limits of the law." Although many citizens areuninhibited in their dicussions of domestic and foreignpolicies, some are cautious, believing that they may beharassed for publicly expressed criticisms of the Government.From 1990 until the the outbreak of the civil war, the pressoperated freely. During that period, nearly 100 newspapersappeared, reflecting a broad spectrum of political views. TheGovernment licenses all newspapers, but not journalists.However, after war broke out, it shut down all papersassociated with the YSP, as well as those which expressedseparatist sympathies. After the war, the Government began toease some, but not all, restraints on the press.To avoid possible government harassment, journalists censorthemselves, especially when writing about the civil war,relations with Saudi Arabia, and corruption of seniorofficials. The penalty for exceeding such self-imposed limitswould likely be arrest for slander or libel.The Ministry of Information influences the media by itsownership of the printing presses, subsidies to certainnewspapers, and ownership of the radio and televisioncompanies. The Government censors radio and television newsbroadcasts which never contain reports critical of it.However, the two television channels regularly broadcastparliamentary debates in which Members of Parliament sometimesvoice criticisms.Customs officials are authorized to confiscate any importedmaterial regarded as pornographic or objectionable because ofreligious or political content. Before the civil war, theGovernment occasionally prohibited foreign publicationscritical of the Government. After the war, the Governmentbanned for various lengths of time the importation ofnewspapers owned by Saudi investors--notably Sharq Al-Awsat(The Middle East) and Al-Hayat (Life). Publications criticalof the Government were allowed again, but certain Saudi-backedpapers did not appear until much later.A court case was recently decided in favor of the newspaper, AlShoura, which the Government charged with slander against thePresident, sowing seeds of sectarianism, and editorialimpropriety. The trial was public and received wide coverage.The judge dismissed all charges and ordered the Government topay the newspaper's legal fees and costs.In early January 1995, the Government reportedly suspendedpublication of the Aden-based newspaper, Al-Ayyam, forpublishing articles critical of government policy in thesouth. The writer, Abu Bakr Al-Saqqaf, a noted dissident, wasreportedly kidnaped and beaten by suspected government agents.University professors and administrators require securityclearances before they are hired. Security officials arepresent on the Sanaa University campus and informers monitorthe activities of students and professors. b. Freedom of Peaceful Assembly and AssociationCitizens have a right to demonstrate peacefully and theyexercise it. However, during the civil war, the Governmentstrictly curtailed this right. Associations must obtain alicense from the Ministry of Labor and Social Affairs, butlicensing is usually routine. c. Freedom of ReligionIslam is the state religion and there are restrictions on thepractice of other religions. Virtually all citizens areMuslims, either of the Zaydi branch of Shi'a Islam or theShafe'ei branch of Sunni Islam. There are also some Ismailisin the north. Private Islamic organizations may maintain tiesto pan-Islamic organizations and operate schools, but theGovernment closely monitors their activities.Most of the once sizable Jewish population has emigrated; fewerthan 500 remain. Jewish religious services are held in privatehomes. In recent years, the Government removed unwrittenobstacles which had prevented Jews from obtaining passports andhindered their contact with foreign Jewish groups.Most Christians are foreign residents, except for a fewChristian families of Indian origin in Aden. There are severalchurches and Hindu temples in Aden, but no non-Muslim places ofworship in the former North Yemen. After the civil war,suspected Islamic extremists looted and vandalized the AnglicanChurch in Aden, desecrated others, looted Hindu temples, andeven desecrated some Islamic shrines regarded by the extremistsas sacrilegious. Damage to the Anglican church was estimatedat $70,000 to $80,000. Government forces have sincereestablished security around these places of worship.The Christian clergy minister to the foreign community and areemployed in teaching, social services, and health care. TheGovernment does not allow them to proselytize Muslims. Byreligious convention, Muslims may not convert to otherreligions. A religiously motivated suit was brought against ahospital in Jibla operated by the Baptist Church, charging itwith defamation of Islam and proselytization. Although thecourt dismissed the case because the plaintiffs could notsubstantiate their charges and for procedural reasons, IslaahParty membersthe continue to harass the Yemeni employees of thehospital. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Government does not obstruct the freedom of travel,although the army and security forces maintain checkpoints onmajor roads. The Government does not obstruct travel abroad orthe right to emigrate and return. In recent years it hasremoved bureaucratic obstacles that prevented most Jews fromtraveling abroad.Women must often obtain permission from a male relative beforeapplying for a passport. The Constitution prohibits theextradition of a citizen to any country.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentInternational observers judged as generally as free and fairthe 1993 parliamentary election. Although the Government isaccountable to the Parliament, there are significantlimitations on the ability of the people to affect changewithin their society. To date the Parliament is not aneffective counterweight to executive authority; it has donelittle more than debate issues. Decisionmaking is nottransparent, and real political power still rests in the handsof relatively few leaders, particularly the President.The President has the authority to introduce legislation andpromulgate laws by decree when Parliament is not in session.Decrees must be approved by Parliament within 30 days afterreconvening. In theory, if the decree is not approved, it doesnot become law; in practice, very little happens if the decreeis not approved. The President appoints the Prime Minister whoforms the Government. The Cabinet is comprised of 27ministers, with 16 ministers from the GPC, 9 from Islaah, and 2independents.In northern and southern governorates, tribal leaders retainconsiderable discretion in the interpretation and enforcementof the law. Central government authority in these areas isoften weak. Some observers maintain that tribalism may promoteaccountable government in some ways by dramatically drawing theGovernment's attention to the grievances of the people.There is a functioning multiparty system. All parties mustregister with the Government, but such registration isroutinely granted. The Constitution prohibits theestablishment of parties that are contrary to Islam or opposethe goals of the Yemeni revolution or violate Yemeniinternational commitments. By law the Government must givefinancial support to all recognized parties, and parties arepermitted to establish their own newspapers. Many of theapproximately 50 political parties are very small and exist onpaper only. The three largest are the GPC, the Islaah Party,and the YSP. The opposition is weak and divided amongminiparties, except for the YSP which, even in its weakenedstate, still has weight, especially in the South.Although women may vote and hold office, these rights arelimited by cultural and religious custom. Only 2 women havebeen elected to the 301-member Parliament, and few hold seniorleadership positions in the Government or political parties.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Yemeni Human Rights Organization is the only localnongovernmental human rights group. It is headquartered inSanaa with branches in seven other cities. The Government doesnot overtly restrict its activities. Another group, the YemeniOrganization for the Defense of Liberties and Human Rights, wasbased in Aden. After the civil war, the Government dissolvedit because it was purportedly regarded as a "separatist"organization.There is a human rights committee in Parliament, which has donelittle of significance aside from holding meetings and hostingan international childrens rights conference in 1993.Amnesty International and Middle East Watch observe Yemenclosely, especially in the wake of the civil war. There is anInternational Committee of the Red Cross representativeresident in Yemen. The Government has given these groupsrelatively broad access to government officials, records,refugee camps, and prisons.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusPrior to 1994 the Constitution stated that "no discriminationshall be practiced due to sex, color, racial origin, language,occupation, social status, or religious beliefs." However, asamended in 1994, the Constitution now states that "...allcitizens are equal in general rights and duties..." The changehas been interpreted as an attempt to weaken previousconstitutional guarantees of equality, especially for women. WomenWomen face significant restrictions imposed by law and socialcustom. Men are permitted to take as many as four wives,provided they treat their wives equally. Husbands may divorcewives without justifying their actions before a court and, inthe case of divorce, both the family home and children areoften awarded to the husband. Women also have the right todivorce their husbands in accordance with precepts of Shar'ia.Islamic law permits a Muslim man to marry a Christian or Jewishwoman, but no Muslim woman may marry outside of Islam. Socialpressure often forces women to defer to the guidance of malerelatives if they wish to travel abroad.Married women do not have the right to confer citizenship ontheir foreign-born spouses; but they may confer citizenship onchildren born in Yemen of foreign-born fathers.The practice of dowry payments is widespread, despitegovernment efforts to limit the size of such payments. Anestimated 80 percent of women are illiterate, compared to 40 to50 percent of men. In general, women in Aden are bettereducated and have somewhat greater employment opportunitiesthan women in northern Yemen. Before the civil war, women inAden worked in private business and at mid-level governmentjobs. Several women worked as lawyers and judges. After thecivil war, the number of working women in Aden appears to havedeclined. Many observers say this is due to the increasing"Islamization" of Adeni society, although there is no concreteevidence of this.Although spousal abuse is known to occur, reliable statisticson its extent are unavailable, and there is little publicdiscussion of this matter. In theory, abused women have theright to sue their husbands, but few do so. According tosocial tradition, battered women are pressured to keep spousalviolence problems within the family. They may seek help andmediation from male relatives to halt abuse.The Government has established a women's association to promotefemale education and civic responsibilities, and anongovernmental organization has also been established for thesame purpose. ChildrenThe Government's commitment to protecting childrens' rights wasadversely affected by the political crisis and the civil war.Moreover, the Government lacks the resources necessary toensure adequate health, education, and welfare services forchildren.Child marriage is still common in rural areas. Female genitalmutilation is practiced by Yemenis of African origin in thecoastal areas along the Red and Arabian seas. There is noavailable information on the extent of the practice. Whilesome government health workers discourage female genitalmutilation, the Government has not passed any legislation ornor made any other effort to eradicate the practice. National/Racial/Ethnic MinoritiesYemenis with a non-Yemeni parent, called "Muwalladin", may facediscrimination in employment and in other areas. Personsseeking employment at Sanaa University or admission to themilitary academy must by law demonstrate they have two Yemeniparents. Nonethless, many senior government officials,including members of Parliament and ministers, have only oneYemeni parent. In some cases, naturalization of the non-Yemeniparent is sufficient to overcome the "two-Yemeni-parent"requirement.A small group believed to be descendants of ancient Ethiopianoccupiers of Yemen, who were later enslaved, are considered thelowest social class. Known as the "Akhdam" (servants), theylive in squalor and endure persistent social discrimination. Religious MinoritiesApart from a small but undetermined number of Christians andHindus in Aden and a small number of Baha'is in the north, Jewsare the only indigenous religious minority. Jews aretraditionally restricted to living in one section of a city orvillage and are often confined to a limited choice ofemployment, usually farming or handicrafts. Jews may, and do,own real property. People with DisabilitiesThe Government has not enacted legislation or otherwisemandated accessibility for the disabled, nor provided specialclinics or schools for them. Mentally ill patients,particularly those who commit crimes, are occasionallyimprisoned and shackled when there is no one else to care forthem. There are distinct social prejudices against personswith mental and physical handicaps. The disabled often facediscrimination in education and employment.</text>
</content>
<name>Yemen </name>
<script></script>
</card>
card_77178.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: WESTERN SAMOA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 WESTERN SAMOAWestern Samoa, a small Pacific island country with a population of approximately 160,000, is a parliamentary democracy but with certain concessions to Samoan cultural practices. The Constitution provides for a Samoan Head of State, a unicameral legislature of matai (family heads) elected by universal suffrage, an independent judiciary, protection of Samoan land and traditional titles, and guarantees of fundamental rights and freedoms. Executive authority is vested in the Head of State, with the Government administered by the Cabinet, consisting of the Prime Minister and 12 ministers chosen by him. All laws passed by the Legislative Assembly need the approval of the Head of State, Malietoa Tanumafili II, who holds the position for life. His successors will be elected by the Legislative Assembly for 5-year terms.The culture of Western Samoa is essentially Polynesian but uniquely Samoan. Traditional authority is vested in the matai who are appointed by a consensus of the aiga (extended family) or by decision of the fono (council of matai). Ownership of land is legally vested in the matai who have the responsibility to direct the economic, social, and political affairs of the aiga. Western Samoa has 330 villages with over 25,000 matai. Each village is governed by a fono, which can fine or otherwise punish offenses against village rules.Western Samoa does not have a defense force. The small national police force is firmly under the control of the Government but has little impact beyond Apia, the capital city.The economy is primarily agricultural and is susceptible to shifts in world prices for its export commodities. In recent years, tourism and light industry have become increasingly important foreign exchange earners. Western Samoa is heavily dependent on foreign aid and on remittances sent to family members by more than 100,000 Samoans living in Australia, New Zealand, and the United States.Western Samoan society is based on a collective value system in which obligations and responsibilities to the aiga are often given precedence over individual rights. Most disagreements are settled by decision of the fono. Judgments usually involve fines or, more rarely, banishment from the village.The principal human rights abuses arise out of political discrimination against women and non-matai, and violence against women. Societal pressures may interfere with the ability to conduct fair trials, and there are some restrictions on freedom of speech and press and religion. A public defender's office and an ombudsman's office help Samoans in their dealings with the courts and the Government.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. However, there was one instance of vigilante killing arising out of a decision by a village council dispensing traditional justice (see Section 1.e.). b. DisappearanceThere were no reports of politically motivated disappearance. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe law prohibits torture and other cruel, inhuman, or degrading treatment or punishment, and there have been no reports of such practices by police or other government authorities. However, villages are controlled by customary law, and the fonos may mete out banishment as punishment when deemed necessary. This is one of the harshest forms of punishment in this collective society. d. Arbitrary Arrest, Detention, or ExileThe law contains safeguards against arbitrary arrest and preventive detention, and these are widely observed. e. Denial of Fair Public TrialWestern Samoan law assures the right to a fair public trial, which is honored by the official court system. However, many civil and criminal matters are not handled by Western-style courts but by village fonos, which differ considerably both in their decisionmaking style and in the number of matai involved in the decisions. The Village Fono Act of 1990 gives legal recognition to the decisions of the fono and provides for limited recourse of appeal to the Lands and Titles Courts and to the Supreme Court. In a 1993 court case, a village fono ordered the property of a villager to be burned after he had disobeyed and flouted village rules. An angry mob killed the villager and burned all his belongings. The villager who actually shot the victim was tried in 1994 and sentenced to death by the Supreme Court. The six matai members, though originally charged by the Supreme Court with inciting murder, were subsequently only charged with willful damage and received a minimal fine and no jail sentence. Western Samoa's Attorney General has lodged an appeal on the grounds that the sentence was "inadequate and inappropriate." f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceWestern Samoan law provides for protection from invasion of the home or seizure of property without substantive and procedural safeguards, including search warrants, which are issued by the judicial branch. Practically, however, there is little or no privacy in the village. Village officials by law must have permission to enter homes, but there can be substantial social pressure to grant such permission.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and of the press. The Government prints a weekly newspaper containing news and features dealing largely with government activities. The Newspapers and Printers Act and the Defamation Act in 1993 require journalists to reveal their sources in the event of a defamation suit against them. To date, no court case has required that these acts be invoked. In 1994 the Prime Minister charged the local press with irresponsible journalism after one of his parliamentary speeches was reported inaccurately. He raised the possibility of legislation against what he called biased and malicious reporting, but no action has been taken.Two English-language newspapers and numerous Samoan-language newspapers are printed regularly in the country. The Government operates a radio station and the country's sole television station, and there are two private radio stations. Television from neighboring American Samoa is readily available to viewers in Western Samoa. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for the right of peaceful assembly and the right to form associations. There are no significant restrictions. In 1994 Tumua and Pule, traditional leadership groups representing the two major islands of Upolu and Savaii, staged a major incident-free demonstration against a newly imposed value-added tax. c. Freedom of ReligionThe Constitution provides for freedom of religion, along with freedom of thought and conscience. Nearly 100 percent of the population is Christian. However, while the Constitution grants each person the right to change religion or belief and to worship or teach religion alone or with others, in practice the matai often choose the religious denomination of the aiga. There is strong societal pressure to support church leaders and projects financially. Such contributions often total more than 30 percent of personal income. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution provides for freedom of internal movement, but in practice some citizens have been banished either from village activities or completely from the village. The Government actively supports emigration as a "safety valve" for pressures of a growing population, for potentially rebellious youths, and because it increases foreign income through remittances. The Government does not restrict foreign travel arbitrarily or the right of citizens to return from abroad.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens have the right to change their government through direct, multiparty elections, but women's political rights are restricted by their lack of matai titles. While all citizens above the age of 21 may vote, the right to run for 47 of the 49 seats in the Legislative Assembly remains the prerogative of the approximately 25,000 matai, 95 percent of whom are men. The remaining two seats are reserved for citizens not of Samoan heritage. While all adult Samoans may vote for the Legislative Assembly, matai continue to control local government through the village fono, which are open to them alone. The 12-member Cabinet has 1 female member, and women hold 2 of the 47 seats in Parliament. The first female judge was named in 1994.The political process in Western Samoa is more a function of personality than of party. The Human Rights Protection Party (HRPP) led by its leader, Prime Minister Tofilau Eti Alesana, holds the majority of seats in the Legislative Assembly. The Samoan National Development Party is the opposition party. Unless the Government falls, the next general elections will not be held until 1996.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsWhile there are no official restrictions against their formation, no official or private human rights organizations exist. There are no reports of any international or nongovernmental requests for investigations of alleged violations of human rights.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusWestern Samoa is a homogeneous society with no significant ethnic minorities. Samoan politics and culture are the product of a heritage of chiefly privilege and power, and members of certain families have some advantages. While there is discrimination against non-matai and women, women (and particularly female matai) play an important role in society and may occasionally reach high office. WomenThe traditional subordinate role of women is changing, albeit slowly, especially in the more conservative parts of society. While abuse of women is prohibited by law, social custom tolerates physical abuse of women within the home. The role and rights of the village fonos and tradition would prevent police from interfering in instances of domestic violence, barring a complaint from the victim--which village custom strongly discourages. While police do receive some complaints from abused women, domestic violence offenders are most often punished by village councils, but only if the abuse is considered extreme. ("Extreme abuse" would be visibly evident signs of physical abuse.) The village religious leader may also intervene in domestic disputes.Many cases of rape may still go unreported because tradition and custom discourage it. In spite of this, the authorities note a greater number of reported cases of rape, as women are slowly becoming more forthcoming with the police. Rape cases that do reach the courts are treated seriously. Convicted offenders are often given relatively stiff sentences of several years' imprisonment. ChildrenThe Government's commitment to the welfare of children is reflected in legislation and in its continued efforts to strengthen the educational system. The law prohibits abuse of children, but tradition tolerates physical abuse of children within the home. People with DisabilitiesThe Government has passed no legislation pertaining to the status of handicapped or disabled persons or regarding accessibility for the disabled. Samoan tradition dictates that handicapped persons be cared for by their family, and this custom is widely observed in practice.Section 6 Worker Rights a. The Right of AssociationWestern Samoan workers have legally unrestricted rights to establish and join organizations of their own choosing. To date, two trade unions have been organized. The Western Samoa National Union, organized in 1994, is a six-member association which includes workers from the three major banks. A second union represents members at the sole large factory in the country. Both unions are independent of the Government and political parties. There are no laws specific to union activity in Western Samoa. The Commissioner of Labour would adjudicate any cases of retribution against strikers or union leaders on a case-by-case basis.The Public Service Association, representing government workers, an increasingly important sector of the work force, also functions as a union. The Supreme Court has upheld the right of government workers to strike, subject to certain restrictions imposed principally for reasons of public safety. Workers in the private sector have the right to strike, but in 1994 there were none. The Public Service Association freely maintains relations with international bodies and participates in bilateral exchanges. b. The Right to Organize and Bargain CollectivelyWhile workers have the legal right to engage in collective bargaining, they have seldom practiced it due to the newness of union activity and the inexperience of union leaders. However, the Public Service Association engages in collective bargaining on behalf of government workers, including bargaining on wages. Minimum wages are set by an advisory commission to the Minister of Labour. Wages in the private sector are determined by competitive demand for the required skills. Any antiunion discrimination case would be reported to and adjudicated by the Commissioner of Labour. Arbitration and mediation procedures are in place to resolve labor disputes, although these rarely arise.Labor law and practice in the one export processing zone are the same as in the rest of the country. c. Prohibition of Forced or Compulsory LaborWhile the Government does not demand compulsory labor and it is prohibited by law, in this collective society people are frequently called upon to work for their villages. Most people do so willingly, but, if not, the matai can compel them to do so. d. Minimum Age for Employment of ChildrenUnder the terms of the Labor and Employment Act of 1972 as amended, it is illegal to employ children under 15 years of age except in "safe and light work." The Commissioner of Labor refers complaints about illegal child labor to the Attorney General for enforcement. The Attorney General has received no complaints about violation of the child labor laws, which probably seldom occurs. The law does not apply to service rendered to the matai, some of whom require children to work, primarily on village farms. e. Acceptable Conditions of WorkThe Labor and Employment Act of 1972 as amended established for the private sector a 40-hour workweek and a small minimum wage. The hourly minimum wage is $0.42 (Tala 1.05). This minimum wage suffices for a basic standard of living when supplemented by the subsistence farming and fishing in which most families engage. The Labour and Employment Act of 1972 provides that no worker should be required to work for more than 40 hours in any 1 week.The Act also establishes certain rudimentary safety and health standards, which the Attorney General is responsible for enforcing. Independent observers report, however, that the safety laws are not strictly enforced except when accidents highlight noncompliance. Many agricultural workers, among others, are inadequately protected from pesticides and other dangers to health. Government education programs are addressing these concerns. The Act does not apply to service rendered to the matai. While the Act does not specifically address the right of workers to remove themselves from a dangerous work situation, a report of such a case to the Commissioner of Labour would prompt an investigation, without jeopardy to continued employment. Government employees are covered under different and more stringent regulations, which are adequately enforced by the Public Service Commission.</text>
</content>
<name>Western Samoa </name>
<script></script>
</card>
card_76886.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: WESTERN SAHARA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 WESTERN SAHARAThe sovereignty of the Western Sahara remains the subject of a dispute between the Government of Morocco and the Polisario, an organization seeking independence for the region. The Moroccan Government assumed administration of the Western Sahara's northern three provinces after Spain withdrew from the area in 1975, and it extended its administration to the province of Oued ed Dahab in 1979 after Mauritania renounced its claim to it. After unifying the Western Sahara, the Moroccan Government undertook a massive economic development program that has resulted in substantial growth in the region's towns.Since 1973 the Polisario has challenged successively the claims of Spain and Morocco to the territory. Moroccan and Polisario forces have fought intermittently since 1975, although there have been no significant clashes since a 1991 cease-fire and deployment to the area of a United Nations contingent, known by its French initials, MINURSO.In 1975 the International Court of Justice issued an advisory opinion on the status of the Western Sahara. The Court held that Morocco was not entitled to sovereignty over the territory. According to the Court, the people of the Western Sahara, the Sahrawis, are entitled to self-determination. Efforts by the Organization of African Unity (OAU) to resolve the sovereignty question collapsed in 1984 when the OAU recognized the Saharan Arab Democratic Republic, the civilian arm of the Polisario. Morocco withdrew from the OAU in protest.In 1988 Morocco and the Polisario accepted the United Nations' plan for a referendum that would allow the Sahrawis to decide between integration with Morocco or independence for the region. The referendum was scheduled for January 1992 but was postponed because the parties could not agree on a common list of eligible voters. The United Nations continues to seek a compromise on the voter issue. In August MINURSO personnel began to hold oral hearings for voter applicants in Laayoune and Tindouf, Algeria. At such hearings, applicants may present evidence of identification and residence, as well as oral testimony from tribal elders on the bona fides of the applicant's claim to voter eligibility.Since 1977 the Saharan provinces of Laayoune, Smara, and Boujdour have participated in Moroccan elections. The southern province of Oued ed Dahab has participated in Moroccan elections since1983. Sahrawis fill all 10 seats allotted to the Western Sahara in the Moroccan Parliament.The civilian population in the 85 percent of the Western Sahara under Moroccan administration is subject to Moroccan law. U.N. observers and foreign human rights groups report that Sahrawis have difficulty obtaining Moroccan passports, that the Government monitors the political views of Sahrawis more closely than those of Moroccan citizens, and that the police and paramilitary authorities react especially harshly against those suspected of supporting the Polisario.Sahrawis who returned to Morocco from refugee camps administered by the Polisario have presented strong circumstantial evidence that they were tortured by Polisario security officers in the camps. However, there were no reports that camp residents were tortured in 1994.After years of denying that Sahrawis were imprisoned in Morocco for Polisario-related military or political activity, the Government released 300 such prisoners in 1991. Entire families and Sahrawis who had "disappeared" in the mid-1970's were among those released. The Government has failed to conduct a public inquiry or to explain how and why those released were held for up to 16 years in incommunicado detention without charge or trial. The Polisario claims that the Government continues to hold more than 800 Sahrawis as political prisoners. The Government formally denies that any Sahrawi noncombatants remain in detention. However, in announcing an amnesty for political prisoners in July, King Hassan declared that any prisoner who questions Morocco's sovereignty over the Western Sahara would not be eligible for amnesty. Observers interpreted the King's remarks as implying that the Government still holds some Sahrawi nationalists in prison.According to the International Committee of the Red Cross (ICRC), Morocco holds 69 Sahrawi combatants as prisoners of war (POW's), and the Polisario holds betweem 2,500 and 3,000 Moroccan POWs. In 1994 ICRC representatives visited both groups of prisoners but had not released any reports at year's end. The Polisario has separated out 200 Moroccan soldiers and offered them for repatriation along with another group of 25 POW's reportedly in need of medical attention. The Government of Morocco, believing that the offer is predicated on according thePolisario greater legitimacy, has not officially responded to them.Freedom of movement within the Western Sahara is limited in militarily sensitive areas. Elsewhere, security forces subject travelers to arbitrary questioning, detention, and abuse.The U.N. High Commissioner for Refugees, using figures provided by the Government of Algeria, estimates that approximately 165,000 refugees live in the camps near Tindouf, Algeria. However, the Moroccan Government maintains that no more than 80,000 refugees inhabit the camps. The Government alleges that the residents are held in the camps against their will, an allegation denied by the Polisario.There is little organized labor activity in the Western Sahara. The same labor laws that apply in Morocco are applied in the Moroccan-controlled areas of the Western Sahara. Moroccan unions are present in the Moroccan-controlled Western Sahara but are relatively moribund. The 15 percent of the territory outside Moroccan control does not have any population centers or economic activity beyond nomadic herding. The Polisario-sponsored labor union, the Sario Federation of Labor (UGTSARIO), does not have any activities in the Western Sahara.There were no strikes, other job actions, or collective bargaining agreements in 1994. Most union members are employees of the Government or state-owned organizations. They are paid 85 percent more than their counterparts outside the Western Sahara. Workers in the Western Sahara are exempt from income and value-added taxes and receive subsidies on such commodities as flour, oil, sugar, fuels, and utilities.Moroccan law prohibits forced labor, which does not appear to exist in the Western Sahara. Regulations on the minimum age of employment are the same as in Morocco. Child labor appears to be less common in the Western Sahara than in Morocco, primarily because of the absence of industries most likely to employ children, such as rug knotting and garment making. A government work program for adults, the Promotion Nationale, provides families with enough income so that children need not be hired out as domestic servants Children in the few remaining nomadic groups presumably work as shepherds along with other group members. Adult unemployment in the Western Sahara is below 5 percent. The minimum wage and maximum hours for work are the same as in Morocco. In practice, however, employees in some fish-processing plants may work as much as 12 hours per day, 6 days per week, well beyond the 10-hour day, 48-hour week maximum allowed by Moroccan law. Occupational health and safety standards in Western Sahara are those enforced in Morocco. They are rudimentary, except for a prohibition on the employment of women in dangerous occupations.</text>
</content>
<name>Western Sahara </name>
<script></script>
</card>
card_76678.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: VIETNAM HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens are not free to change their government. Allauthority and political power is vested in the VCP; politicalopposition and other political parties are not tolerated. TheCentral Committee is the supreme decisionmaking body in thenation, and the Politburo is the locus of policymaking. TheSecretariat of the Central Committee oversees day-to-dayimplementation of leadership directives. Debate and criticismare limited to certain aspects of individual, state, or Partyperformance determined by the VCP itself. No public challengeto the legitimacy of the one-party state, or even debate onthis subject, is permitted.Citizens elect the members of the National Assembly, ostensiblythe chief legislative body, although the VCP approves allcandidates. The National Assembly engaged in increasinglyvigorous debate on economic and social issues, but it remainedlargely subservient to the VCP. Legislators rewrote laws,questioned ministries, and occasionally rejected draftlegislation. However, Party officials occupy most seniorGovernment positions and continued to have final say on keyissues.The law provides the opportunity for equal participation inpolitics by women and minority groups, but in practice they areunderrepresented. Most of the senior leaders, including all 17members of the Politburo, are male. The President of theNational Assembly, who is also a Politburo member, is a memberof an ethnic minority.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government does not permit private human rightsorganizations to form or operate and generally prohibitsprivate citizens from contacting international human rightsorganizations. It has permitted international visitors tomonitor implementation of its repatriation commitments underthe Comprehensive Plan of Action agreed on at the 1989 GenevaConference, and it has carried on a limited dialog with humanrights organizations. In October a delegation from the UNHRCwas permitted to visit prisons; a report is expected in early1995.The Government has shown increased willingness to discuss humanrights issues bilaterally with other governments if suchdiscussions take place under the rubric of "exchanges of ideas"rather than "investigations." However, in July it canceled thevisit of an Australian human rights delegation when an ethnicVietnamese member of that delegation said publicly that thegroup would be "investigating" the human rights situation inVietnam.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusPeople released from reeducation camps have reported varyinglevels of discrimination in the areas of housing andeducation. They generally are not eligible to regain theircitizenship rights until 1 year after their release. They andtheir families are not allowed employment with the Government,though this was less a factor in 1994 than in the past becauseof the growth of the private sector. WomenWhile there is no legal discrimination, women face deeplyengrained social discrimination. Despite extensive provisionsin the Constitution, legislation, and regulations that mandateequal treatment, few women can compete with men for higherstatus positions. The Government has not enforced theconstitutional provision that women and men must receive equalpay for equal work. Despite the large body of legislation andregulations devoted to the protection of women's rights inmarriage, the workplace, and the new labor law calling for thepreferential treatment of women, these legal pronouncements aredistant from the reality for many, if not most, women.Although the law addresses the issue of domestic violence,there is credible evidence that these laws are not enforced. A1993 report by a Vietnamese researcher stated that domesticviolence has grown in recent years. Some international NGOworkers as well as many Vietnamese women have commented thatdomestic violence against women is common. Most divorces aredue to domestic violence. Many women remain in abusivemarriages rather than confront the stigma of divorce. Theseproblems tend to be more prevalent in rural than in urbanareas. ChildrenReputable international organizations, including the UnitedNations Children's Fund (UNICEF), commended the Government'sinterest in children's issues and its promotion of childwelfare. The Government has continued a nationwideimmunization campaign, and the government-controlled pressregularly stresses the importance of health and education forall children. Despite some success, UNICEF estimates there arestill 3 million children living in "especially difficultcircumstances." There is no information on the extent of childabuse. National/Racial/Ethnic MinoritiesAlthough the Government says it is opposed to discriminationagainst ethnic minorities, there continued to be crediblereports that some local officials restricted ethnic minorityaccess to education, employment, and travel, both internal andforeign. The Government continued to implement policiesdesigned to narrow the gap in the standard of living betweenethnic groups living in the highlands and lowland ethnicVietnamese by providing preferential treatment to domestic andforeign companies investing in highland areas. There is noinformation available on whether repression of some highlandminorities for suspected ties with resistance groups, reportedin the past, continued in 1994. People with DisabilitiesThe Government provides little official protection or supportfor the disabled, and there are no laws mandating access forthe disabled. However, the 1994 Labor Law calls on the Stateto protect the right and encourage the employment of thedisabled and includes provisions for preferential treatment forfirms that recruit disabled persons for training orapprenticeship and a special levy on firms that do not employdisabled workers. It is not yet clear whether the Governmenthas begun to enforce these provisions. The Government haspermitted international groups to assist those who have beendisabled by war or by subsequent accidents involving unexplodedordinance.Section 6 Worker Rights a. The Right of AssociationWorkers are not free to form or join unions of their ownchoosing unless they have obtained approval from the localtrade union federation office. The party-controlled VietnamGeneral Confederation of Labor (VGCI) is the umbrellaorganization under which all local trade unions must operate.The Labor Law requires provincial trade union organizations toestablish unions at all new enterprises as well as at existingenterprises that currently operate without trade unions.Management of union-affiliated companies is required to acceptand cooperate with those unions. However, most joint venturesand small, private companies, especially at the retail level,do not have unions.The June 1994 Labor Law provides for the right to strike undercertain circumstances. It calls for management and labor toresolve labor disputes through the enterprise's own laborconciliation council. If that fails, the matter goes to theprovincial labor arbitration council. If the council'sdecision is unsatisfactory, unions have the right to appeal tothe provincial people's court or to strike. However, the lawprohibits strikes at enterprises that serve the public and atthose that are important to the national economy or to nationalsecurity and defense, as defined by the Government. It alsogrants the Prime Minister the right to suspend a strikeconsidered detrimental to the national economy or to publicsafety.A number of strikes occurred in 1994, primarily againstforeign-owned companies but also involving state-owned andprivate firms as well. The Government tolerated the strikes,even though some occurred before the new Labor Law made themlegal. The new Labor Law prohibits retribution againststrikers, and there have been no credible reports of suchretribution.Unions are not legally free to, and do not in practice, join,affiliate with, or participate in international labor bodies.However, in 1992, Vietnam rejoined the International LaborOrganization, from which it had withdrawn in 1985. b. The Right to Organize and Bargain CollectivelyWorkers have the right to organize unions in their enterprises,but they must be approved by the local union leadership. Theyalso can bargain collectively through the party-approved unionsat their enterprises. In the past, the Government generallyset wages, since most people worked for state companies. Withthe growth of the private sector and the increased autonomy ofstate firms, a growing percentage of companies are settingwages through collective bargaining with the relevant unions,and market forces play a much more important role indetermining wages. Antiunion discrimination on the part ofemployers against employees seeking to organize is forbidden inthe labor code.The Government has approved formation of a number of exportprocessing zones and new industrial zones, which are governedby the same labor laws as apply to the rest of the country. c. Prohibition of Forced or Compulsory LaborThe new Labor Law prohibits all forms of forced labor, andthere have been no reports of such practices, except in somedetention facilities. d. Minimum Age for Employment of ChildrenThe Labor Law sets the minimum age for employment at 15.Children as young as 13 can register at trade training centers,which are a form of vocational training. Vietnam also hascompulsory education laws. These laws are not effectivelyenforced, especially in rural areas where children are neededto farm. However, the Vietnamese culture's strong emphasis oneducation leads most people to send their children to school,rather than to work. e. Acceptable Conditions of WorkThe Labor Law requires the Government to set a minimum wage,which changes with inflation and other economic changes. TheGovernment does not publicize minimum wage rates. The minimumwage, including for those working for joint ventures, is byitself insufficient to provide a worker and his family with adecent standard of living. However, many workers receivesubsidized housing, bonuses, and also supplement their incomesby engaging in entrepreneurial activities. The Governmentenforces the minimum wage at foreign and major Vietnamesefirms. It has little control over other wages.The Labor Law sets working hours at a maximum of 8 per day and48 per week, with a mandatory 24-hour break each week. Anyadditional hours require overtime pay, and the law limitscompulsory overtime. It is not clear how well the Governmentenforces these provisions.The Labor Law calls on the Government to promulgate rules andregulations to ensure worker safety. The Ministry of Labor, incoordination with local people's committees and labor unions,is charged with enforcing the regulations. In practice,enforcement is inadequate because of the Ministry'sinsufficient resources. Anecdotal evidence indicates thatworkers, through labor unions, have been more effective inforcing changes in working conditions than has the Government.</text>
</content>
<name> </name>
<script></script>
</card>
card_76484.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: VIETNAM HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 VIETNAMThe Socialist Republic of Vietnam (SRV) is a one-party statecontrolled by the Vietnamese Communist Party (VCP). The VCP'sconstitutionally mandated leading role and the occupancy ofnearly all senior Government positions by Party officialsensures the primacy of Politburo guidelines. The NationalAssembly, chosen in elections in which all candidates areapproved by the Party, remains largely subservient to the VCP.However, an effort is underway to reduce Party intrusion intoGovernment operations and Government officials have morelatitude in implementing policy. The Government continued torestrict individual liberties on national security and othergrounds.The military is responsible for external defense and has nodirect role in maintaining internal security. The Ministry ofInterior is responsible for internal security, employing alarge border defense force and the police to monitor personssuspected of involvement in unauthorized political or religiousactivities. The Government continued to monitor the generalpopulace through informants, household registration, andparty-appointed block wardens, but apparently reduced somewhatthe extent of such monitoring to concentrate on those suspectedof engaging, or likely to engage, in political or religiousactivities opposed by the Government.The Government continued the market-oriented economic reformsbegun in 1986 to try to modernize and develop the predominantlyagricultural economy. The reforms have had the greatest impactin urban areas, where private businesses are increasing, and infertile agricultural regions where farmers have incentives togrow and market their produce. Although Vietnam remains verypoor, particularly in marginal rural areas, the reforms havehelped raise most people's standard of living. Also, privatesector growth has made it more difficult for the Party and theGovernment to dominate people's lives, particularly in urbanareas, to the extent they did in the past.Nonetheless, the Government was responsible for continued humanrights violations in 1994. Vietnamese citizens did not havethe right to change their government or to assemble, associate,or speak freely. The Government continued to prohibitestablishment of an independent press and independentorganizations. It also maintained its longstanding policy ofnot tolerating dissent. Despite some progress in developing alegal infrastructure, Vietnam does not yet enjoy the rule oflaw. The judicial system is not independent, and the judicialprocess lacks transparency. However, citizens enjoyed greaterfreedom to travel and change their residence, to engage ineconomic activity, and to initiate labor strikes. Withinnarrow boundaries, the Government tolerated and even welcomedserious press and public debate and criticism --includingoccasional public protest--primarily with regard to corruptionand mismanagement.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political killings. Littleinformation is available on the number of deaths in policecustody or on official investigations into such incidents, butsome extrajudicial killings do occur. In at least 2 instances,killings were acknowledged and legal action was taken againstthe perpetrators. The Vietnamese press reported in Septemberthat the Institute of People's Investigation in Quang Ninhprovince had decided to take legal action against policeofficials in Ha Long City for reportedly beating a suspectedthief to death. In October, following a public outcry, a Hanoicourt tried and convicted policeman for robbing and shooting todeath an innocent passerby. b. DisappearanceThere were no documented incidents of political abductions byGovernment security organizations or by antigovernment forces. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe law prohibits physical abuse and torture. However, therewere credible reports of inhuman treatment in the penal system,although the lack of access to jails and prisons makes anyconclusive judgments impossible. There were no crediblereports of torture of detainees. Authorities reportedly diduse threats and other psychological coercion to elicitconfessions.Prison conditions are severe but do not generally threaten thelives of prisoners. There were credible reports of the use offorced labor. Prisoners doing hard labor complained that thediet and health care available at the prisons was insufficientto sustain their health, especially when they were detained inremote, disease-ridden areas.Credible reports indicate that well-known dissident Dr. DoanViet Hoat, who is in poor health, was shackled, placed insolitary confinement, and denied visits from his wife afterrefusing to carry out hard labor in a remote prison camp nearthe Laotian border. In July prison officials eventuallyallowed Dr. Hoat's wife to visit, but she reported she wasgiven only 15 minutes to see him and said that prisonauthorities harassed her. According to unconfirmed reports,four Buddhist monks imprisoned in Ba Sao reeducation camp nearHanoi conducted a hunger strike to protest prison conditions.In both cases, SRV authorities denied the reports but refusedto allow international observers to visit the prisoners. d. Arbitrary Arrest, Detention, or ExileLittle information is available on the extent to which familiesand attorneys have access to criminal and political prisoners.Anecdotal evidence indicates that they generally are able tovisit. Diplomats had limited access to imprisoned nationals.The Government continued to arrest and imprison peoplearbitrarily. Although the 1989 Criminal Procedure Codeprovides for various rights for detainees, including timelimits on pretrial detention and the right to have a lawyerpresent during negotiation, in practice authorities oftenignore these legal safeguards.Law enforcement personnel appear able to arrest and incarceratepeople without presenting arrest warrants. In cases where awarrant is presented, the procurator rather than an independentjudiciary approves issuance of warrants. Once arrested, peopleare often held for indefinite periods without formal chargesand without access to a lawyer. There is no functioning bailsystem, and detainees do not have the right to judicialdetermination of the legality of their detention. The extentto which authorities hold detainees incommunicado is unknown.Two Vietnamese-Americans, Nguyen Tan Tri and Tran Quang Liem,were arrested in November 1993 for trying to organize ademocracy conference in Ho Chi Minh City. At year's end, theyhad not been charged but were still being detained.Those arrested for peaceful expression of their views arelikely to be charged under any one of several provisions in theCriminal Code outlawing acts against the State. For example,authorities arrested Pham Van Quang in December 1992 for wavingthe former Republic of Vietnam flag during the Ho Chi Minh Cityinternational marathon. In February 1994, Quang was tried andconvicted of "rebellion" and was sentenced to 15 yearsimprisonment. According to press reports, Buddhist monk VoHanh Duc, arrested following disturbances involving Buddhistsin Ba Ria-Vung Tau province in July 1993, was sentenced to 3years in prison in January for "activities against the law" and"handing out documents hostile to the Socialist Government ofVietnam."There are no reliable figures on the number of politicaldetainees being held since the Government often does notpublicize arrests and frequently conducts secret trials andsentencing.The Government does not use exile as a means of politicalcontrol. e. Denial of Fair Public TrialThe court system consists of local people's courts, militarytribunals, and the Supreme People's Court, an appellate court.In addition, local mass organizations are empowered to dealwith minor breaches of law or disputes, and the NationalAssembly in late 1993 approved the establishment of economiccourts to hear commercial disputes.While the Constitution provides for the independence of judgesand jurors, in practice the VCP closely controls the courts atall levels, selecting judges primarily for politicalreliability. Credible reports indicate that Party officials,including top leaders, instruct courts how to rule onpolitically important cases. The procurator determines, basedon a police investigation, whether to prosecute or to releasethe accused. The procurator serves as both prosecutor andsupervisor of the trial proceedings. A two-person judgingcouncil, made up of a judge and a people's juror (lay judge),determines guilt or innocence and also passes sentence on theconvicted. The President appoints judges. The relevantpeople's council appoints people's jurors, who are to be peopleof high moral standards but who are not required to have legaltraining.Trials are open to the public, although the procurator has theright to close trials in sensitive cases. Defendants have theright to be present during their trial, and the defendant orhis lawyer has the right to cross-examine witnesses. Littleinformation is available on the extent to which defendants andtheir lawyers have time to prepare for trials and obtain accessto government evidence. Although Vietnam has made someprogress in establishing a legal system, many judges and othercourt officials lack adequate legal training, and the lack ofopenness in the judicial process, coupled with judicialsubservience to the executive branch, continue to block theemergence of a fair and effective judicial system.There is no reliable information on the total number ofpolitical prisoners in Vietnam. Anti-SRV exile groups haveclaimed there are as many as 1,000 political prisoners in thecountry; other reliable sources put the figure closer to 200.The secrecy surrounding the Vietnamese judicial and prisonsystems makes it difficult for outside observers to make anaccurate estimate.Several persons are known to be in prison for peacefulexpression of their views. For example, Doan Thanh Liem iscurrently serving a 12-year labor camp sentence for spreadinganti-Socialist propaganda. Truong Hung Thai, arrested withLiem, is serving an 8-year sentence. Doan Van Hoat is servinga 15-year sentence for "counterrevolutionary" activity. Humanrights activist Nguyen Dan Que, sentenced to 20 yearsimprisonment in 1991, remains in prison despite his poor health.In 1994 the Government released a number of well-knownpolitical prisoners, including the well-known dissident QuachVinh Nien. Nien, who was allowed to join his family abroad,had been in prison since 1978 serving a life sentence for"antigovernment activity and disloyalty." f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Government continued to operate a nationwide system ofsurveillance and control through household registration andparty-appointed block wardens who use informants to keep trackof individual activities. However, many foreign observersbelieve this monitoring was done with less scope and efficiencythan in the past, with authorities concentrating on thosesuspected of involvement in unauthorized political or religiousactivities. Anecdotal evidence suggests Government monitoringis stricter in the south, especially in Ho Chi Minh City.Particularly in urban areas, most Vietnamese citizens were freeto contact, talk, and work with foreigners, although manyremained nervous about extensive social contacts.The Government continued to selectively censor mail, confiscatepackages, and monitor telephone and facsimile transmissions.In the past, the Party pressed people to belong to one or moremass organizations, which exist for villages, city districts,schools, work (trade unions), youth, and women. However, withthe growth of the private sector, these organizations play aless important role than in the past.While membership in the VCP remains an aid to advancement inthe Government or in state companies, and vital to promotion tosenior levels of the Government, the Party faced increaseddifficulty attracting members. In response, the Governmentincreased its recruitment efforts and was marginally successfulin attracting new members from the private sector.The Government continued to implement a family-planning policythat urges all families to have no more than two children. Itsometimes penalized people who have more than two children bydenying promotions or permission to change jobs.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and press, butin practice the Government severaly limits such freedoms. TheParty and the Government tolerated public discussion and evencriticism somewhat more than in the past, though still withinnarrow and poorly defined limits. For example, Vietnamesecitizens could and did complain openly about bureaucraticlethargy, administrative procedures, corruption, and eveneconomic policy.However, the Government continued to clamp down on free speechthat questioned the role of the Party, criticized individualSRV leaders, promoted multiparty democracy, or discussedsensitive matters such as human rights. For example, crediblenongovernmental organizations (NGO's) reported that in March,the authorities arrested Nguyen Ho, a southern Party figure,for writing and circulating an article calling for greaterdemocracy and respect for human rights in Vietnam. In poorhealth, he was released in June and at year's end remained athome under surveillance.The Government did not use systematic prior censorship tocontrol the media, but Party guidance was pervasive, andnational security legislation remained sufficiently broad toensure effective self-censorship in the domestic media. TheGovernment continued to control the domestic print media, butnew newspapers were approved for publication and investigativereporting of corruption and mismanagement increased. Inaddition, there was some debate on economic policy withpolitical overtones. Restrictions against new publications bydissident writers remained in force.The Party and the Government continued to control the broadcastmedia and did not normally permit the broadcast of opposingviews. The Government made no effort to limit access tointernational radio or television, which many Vietnamese listento regularly. Vietnamese television and radio frequentlycarried interviews with and speeches by foreigners, includingdiplomats and businessmen, and foreign publications continuedto be widely available. Although the Government announced itsintention to control satellite dishes more strictly, theyappear to be proliferating. Foreign journalists must beapproved by the Foreign Ministry's press center. The centermonitors their activities and decides on a case-by-case basiswhether to send a press center representative to accompanyjournalists covering specific events.The trend toward increased information flow appeared to extendinto the university system. Foreign scholars workingtemporarily at Vietnamese universities said they were able todiscuss freely a wide range of issues, including human rights,in the classroom. Vietnamese academic publications, however,usually reflect the views of the Party and the Government. b. Freedom of Peaceful Assembly and AssociationThe Government restricts the right of assembly in law andpractice. People wishing to gather in a group are required toapply for a permit, which local authorities can denyarbitrarily. However, people routinely gathered in an informalgroups. The Government does not usually interfere as long asthe gatherings are not organized. Normally, the Governmentdoes not permit demonstrations or meetings for politicalpurposes, but has been more tolerant than in the past ofoccasional popular demonstrations about specific grievancesagainst local officials. With few exceptions, the Governmentprohibits the establishment of private, independentorganizations, insisting that individuals work withinestablished, party-controlled organizations. Vietnamesecitizens cannot establish independent political parties,religious organizations, labor unions, business or veterans'organizations. c. Freedom of ReligionAlthough the Constitution provides for freedom of worship, theGovernment continued to restrict religious organizationssignificantly. The Party forbids its officials to adhere to areligion, although it appears to have relaxed enforcement ofthis rule. The Government continued to ease restrictions onthe practice of religion in 1994.The Party and the Government continued policies designed tocontrol religious hierarchies and organized religiousactivities, in part because the Government perceives thatreligion may threaten the Party's monopoly of influence. Allreligious groups report continued difficulties in obtainingteaching materials, expanding religious training facilities,and publishing materials.The Government requires all Buddhist monks to work under theGovernment-controlled Buddhist organization's umbrella. TheGovernment has actively suppressed recent efforts by theUnified Buddhist Church of Vietnam (UBCV) to operate outside ofGovernment control. The Government has arrested Buddhists whohave pushed for an independent organization, and it has harshlycriticized the UBCV in a series of speeches and publications,calling it a tool of reactionary exiles.The tension between the Government and the UBCV, which hadescalated in 1993 with public demonstrations and the arrest ofBuddhist monks and followers in Hue and Ba Ria-Vung Tauprovince, continued in 1994. The UBCV's leader, the VenerableThich Huyen Quang, called on his followers to step up theirfight against the Government's domination of religion. DespiteSRV claims to the contrary, credible reports indicated thatQuang remained under house arrest in Quang Ngai province formost of the year. In late December, Buddhist organizationsabroad reported that the Venerable Thich Huyen Quang and theVenerable Thich Quang Do had been arrested for theiractivities. Four monks imprisoned in 1993 after disturbancesin Hue reportedly began a hunger strike at the Ba Saoreeducation camp. There was also an unconfirmed report that inJuly the Venerable Thich Hunh Duc began a hunger strike inPhuoclo prison in Ba Ria to protest his prison sentence and thepostponement of his appeal. Subsequently, his appeal wasrescheduled and his sentence reaffirmed.In a marked improvement from the 1980's, people appear free toattend worship services, and attendance at religious servicescontinued to increase. Catholic churches in Hanoi and Ho ChiMinh City, as well as Buddhist temples and Hoa Hao and Cao Daiedifices in the south, appear active. Also, in July theGovernment issued Directive 1379 which called for theauthorities to allow the restoration of places of religiousworship, allow the printing of religious books in accordancewith the law, and create favorable conditions for religiousdenominations to train their missionaries at religious trainingcenters approved by the Government. It is unclear what impactthis Directive will have on religious freedom.The Government has sought to control the Catholic Churchhierarchy in Vietnam, in part by requiring all clergy to belongto the government-controlled Catholic Patriotic Association.It has also insisted on its right to approve Vaticanappointments, and as a result key church positions remainedunfilled for long periods. The Vatican has acceded to theGovernment's demand that it approve Vatican appointments. As aresult, increasing numbers of vacant clerical positions werefilled, including bishops and archbishops.In mid-1994 the Vatican and the SRV reached agreement on theappointments of Bishop Tung of Bac Ninh to be Archbishop ofHanoi and Nguyen Nhu The as Apostolic Administrator for theArchdiocese of Hue. The Vactican's reassignment of BishopNguyen Van Thuan opens the way to appoint a successor to theailing Bishop of Ho Chi Minh City. The Government has slightlyeased some restrictions on Catholic Church activities whilemaintaining control of its hierarchy and restricting trainingof new clergy. In March the Government declared that bishopsand priests could travel freely in their dioceses and thatpriests released from reeducation camps could carry outreligious duties if local authorities agreed. Five trainingseminaries are now open, with 120-150 students. All studentsmust be approved by the Government, both upon entering theseminary and prior to ordination as priests.The Christian Missionary Alliance of Vietnam, the onlygovernment-approved Protestant organization in the country,enjoyed slightly greater freedom. Church attendance grewdespite continued Government restrictions on proselytizingactivities. NGO's reported the arrest of several Hmongprotestants for proselytizing in northern Vietnamese villages.The Government has allowed the Alliance to open a Bible collegein Danang and to reestablish ties with foreign religious groups. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationMost citizens enjoyed greater freedom to travel within thecountry. In general, the Government no longer requires permitsto travel across provincial lines and in practice enforces fewrestrictions on internal travel. However, there were crediblereports of members of ethnic minorities being required toobtain permission from local authorities to travel outside ofcertain highland areas. Officially, citizens must obtainpermission to change their residence, but many people have doneso without approval. Foreigners are free to travel throughoutthe country. Foreigners are generally free to travel througoutthe country, although the Government must approve travel byforeigners to border areas, some areas in the centralhighlands, and some islands. Local authorities have sometimesbeen willing to allow foreigners to travel to the borderwithout permission.The Government still requires citizens traveling abroad toobtain exit visas but is more willing to grant those visas thanin the past. For example, the well-known dissident writer,Dinh Thu Huong, was allowed for the first time to travel toconferences in Europe in the fall. However, not everyone isallowed to travel abroad. For example, members of Vietnam'ssmall Muslim community have not been allowed to leave thecountry to make the hajj.The Government continued to permit emigration for somecategories of Vietnamese. The U.S. Orderly Departure Programcontinued to resettle beneficiaries, including Amerasians,former reeducation camp detainees, and family unificationcases, at the rate of about 4,000 persons per month. Othernations operate smaller resettlement programs for Vietnamesenationals. There are some concerns that members of minorityethnic groups, particularly highland peoples such as theMontagnards, may not have ready access to these programs.The Government generally permits Vietnamese who emigrate toreturn to visit but it considers them citizens and thereforesubject to Vietnamese law even if they have adopted anothercountry's citizenship. Because it regards overseas Vietnameseboth as a valuable potential source of foreign exchange andexpertise and as a potential security threat, the Governmentgenerally encourages them to visit Vietnam, whether theyemigrated legally or illegally, but at the same time itmonitors them carefully.In 1989 Vietnam signed a memorandum of understanding with theUnited Nations High Commissioner for Refugees (UNHCR) toincrease acceptance of voluntary repatriates, provided therewas financial assistance. The agreement included a commitmentby Vietnam to waive prosecution and punitive measures forillegal departure from Vietnam of persons who return under theUNHCR voluntary repatriation program. Vietnam also agreed topermit the UNHCR to monitor the returnees through directvisits. This agreement has resulted in a substantial flow ofrepatriates from several countries to Vietnam. More than65,000 Vietnamese have returned voluntarily. The UNHCR, whichextensively monitors those who have repatriated voluntarily,reported that they do not face retribution or officialdiscrimination.Although the source of refugees itself in the past, Vietnam hasalso been the country of first asylum for Cambodian refugees,mainly ethnic Chinese, but also ethnic Vietnamese. TheGovernment has worked closely with the UNHCR in repatriatingthose desiring to return to Cambodia. There were no reports offorced repatriation.</text>
</content>
<name>Vietnam </name>
<script></script>
</card>
card_76161.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: VENEZUELA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of the press and freespeech, and in 1994, these liberties, along with academicfreedom, were widely respected. Venezuela has a free andlively press, which frequently criticizes the Government anddenounces government interference in the media.However, in December the Congress passed and the Presidentsigned a law which forbids persons without journalism degreesto practice the profession and requires journalists to bemembers of the National Association of Journalists. Mediaowners, the Catholic Church, and certain press groupscriticized the bill as a violation of the right to freedom ofexpression contained in the Constitution and internationalagreements on human rights. The Newspaper Publishers'Association began a lawsuit challenging the constitutionalityof nine articles in a 1972 law governing the practice ofjournalism and said it will also challenge the new regulations.There were no prosecutions for the killing of two reporters,Maria Veronica Tessari and Virgilio Fernandez, by members ofthe security forces during the 1992 coup attempts. The humanrights committee of the National Association of Journalists,created in 1993, continued to seek a thorough investigation ofthe deaths and of other alleged abuses against journalists.PROVEA documented 48 violations of freedom of expressionbetween September 1993 and October 1994. These violationsincluded incidents of physical abuse of reporters by members ofthe security forces and incidents where the civilian andmilitary courts sought to prevent the publication or broadcastof certain information. The figures for this period, however,represented a positive trend, since PROVEA had documented 125such violations during the previous 12-month period. Moreover,most of the reported instances took place at the end of 1993 orin early 1994, and were not characteristic of the situationafter the new Government assumed power in February.Venezuela has a wide variety of electronic and print media.The Government is a significant source of advertising revenuefor the media, but there appear to be no recent instances inwhich government advertising was channeled for political ends. b. Freedom of Peaceful Assembly and AssociationThe Government normally respects the constitutional provisionfor freedom of peaceful assembly and association. Professionaland academic associations operate without interference, andpublic meetings, including those of all political parties, aregenerally held unimpeded. The Government requires permits forpublic marches but does not deny them for political reasons.As in earlier years, a number of demonstrations turned violentand were then repressed by security forces. PROVEA reported,however, that the security forces also stopped 133 of 1,099reportedly peaceful demonstrations from October 1993 throughSeptember 1994, during which 5 people were killed and about 657detained. PROVEA noted, however, that the level of repressionwas much lower than in previous years. From 1990 throughSeptember 1993, security forces had killed 35 people duringpeaceful protests. c. Freedom of ReligionThe Constitution provides for the right for everyone to professand practice a religious faith, provided it is not contrary topublic order or good custom. The authorities respect this inpractice; all religious groups enjoy freedom of worship.Foreign missionaries proselytize actively throughout thecountry. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens and legal residents are free to travel within thecountry and to go abroad and return. Venezuela traditionallyhas been a haven for refugees, exiles, and displaced personsfrom many European, Caribbean, and Latin American countries.They are given normal residence status and may be expelled onlybecause of criminal activities.Despite the June suspension of the freedom to travel, there wasonly one report of an effort to restrict travel. In Octoberimmigration officials at the Caracas airport temporarilyprevented an opposition Congressman from traveling outside thecountry. The Interior Minister promptly apologized for theaction and acknowledged that it was improper. The suspension,however, was still in effect at year's end.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentVenezuela is a multiparty democracy with a government freelyelected by secret ballot. Suffrage is mandatory for all those18 years of age or older, and the political process is open toall. Elections for the President, both houses of Congress, andthe state legislative assemblies are held every 5 years.President Rafael Caldera, elected in the December 1993 nationalelections, took office in February.Charges of irregularities and fraud which marred the 1992 stateand local elections, as well as the 1993 congressionalelections, carried over into 1994. On the basis of suchcomplaints, the Supreme Court ordered new gubernatorialelections in three states, which took place in April. Theabsence of automated vote counting machines undermined publicconfidence in the fairness and transparency of the electionprocess.Political views are freely expressed, and persons from theentire political spectrum contend for positions ranging frommunicipal council seats to the presidency. The DemocraticAction Party (AD) and the Social Christian Party (COPEI), bothcentrist, remain the two largest political parties. However,following the 1993 elections, political power in the Congressis effectively divided roughly equally among four parties: AD,COPEI, the Convergence/Movement towards Socialism Alliance (thegroup supporting President Caldera), and the Causa R party.Women and minorities participate fully in government andpolitics, but remain underrepresented. There are no legalimpediments to their participation, but traditional attitudesled to some de facto impediments. Women and minorities arepromoted into high-level positions at a slower rate thannonminority men. There are 12 female deputies in the lowerhouse of Congress (out of a total of 203), 4 female Senators(out of 53) and 1 female governor (out of 23). Indigenouspeople have traditionally not been fully integrated into thepolitical system owing to their lack of knowledge of how itworks, low voter turnout, and residency in areas far from thecapital and other cities. Few indigenous people are ingovernment and only one is a Deputy in Congress.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsNumerous local human rights groups are active throughout thecountry and vigorously criticize perceived governmentinadequacies in redressing grievances. The groups operate freeof government restriction and interference, although some havecomplained of occasional police harassment. In the summer andearly autumn, the Red de Apoyo human rights group received aseries of telephone threats after some of its members wereinterviewed on local radio and television programs. The natureof the threats led the group to believe that the perpetratorwas a member of the police.Both Amnesty International and Human Rights Watch have releasedcomprehensive reports on Venezuela's human rights problems.These received extensive press coverage, as have those producedby some local organizations. At various times in the year,several cabinet ministers, state governors, and members of themilitary met with representatives of local human rights groupsto hear their concerns. In July President Caldera and a numberof cabinet ministers also met with foreign representatives fromAI. The Ministry of Foreign Affairs opened a special humanrights unit to address both domestic and international humanrights concerns; it is too early to assess its effectiveness.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Government does not sufficiently enforce laws ensuringchildren's welfare, safeguarding the rights of indigenouspeoples, and protecting women against societal and domesticviolence. WomenThe Constitution prohibits discrimination on the basis ofgender, and the Congress reformed the Civil Code in the 1980'sto make women and men legally equal in marriage. Womencomprise roughly half the student body of most universities,have advanced in many professions, including medicine and law,and have gradually torn down many of the barriers to their fullparticipation in political and economic life. Nonetheless,women are still underrepresented in political positions and inthe top ranks of labor unions and private industry.The Labor Code specifies that employers must not discriminateagainst women with regard to pay or working conditions, mustnot fire them during pregnancy and for a year after givingbirth, must grant them unpaid leave (and compensation from theSocial Security Agency) for 6 weeks before the birth of a childand 12 weeks after, and must provide them 10 weeks of unpaidleave if they legally adopt children under 3 years of age.According to the Ministry of Labor and the major laborfederation, these regulations are enforced in the formalsector, although social security payments are often delayed.Women face difficulty in countering institutional and societalprejudices regarding rape and domestic violence. The law makesrape extremely difficult to prove, requiring at a minimum amedical examination within 48 hours of the violation. Fewpolice officers are trained in dealing responsibly with rapevictims. The PTJ received 3,985 reports of rape in the entirecountry in 1993. Women's organizations, however, assert thatthis figure is very low and does not portray an accuratepicture of the problem of rape, as the overwhelming majority ofvictims do not report the incident or press charges due tosocietal pressure and feelings of guilt.There are very few laws to protect women against domesticviolence other than statutes against assault and battery.Domestic violence against women, however, is very common andhas been aggravated by the country's economic difficulties.According to local monitors, the police are generally unwillingto intervene to prevent domestic violence, and the courtsrarely prosecute those accused of such abuse. In addition,poor women are generally unaware of legal recourses and havelittle access to them. ChildrenMany Venezuelan children face hardship. The Government scaledback its expenditure on education, health, and social services,leaving many impoverished children with no governmentassistance. While the law provides for universal freeeducation, children's rights groups assert that the Governmentdedicates insufficient funding to primary and secondaryeducation. Many government agencies responsible for thewelfare of children are plagued by corruption, and governmentfunding often does not reach the children it is intended tohelp. In addition, many reform institutions for youngdelinquents are in deplorable condition.According to children's rights groups, the recent increase inpoverty has increased stress on families and led to a rise inchild abuse. Neighbors are often hesitant to report cases ofchild abuse, however, due to a fear of becoming involved withauthorities and ingrained attitudes regarding family privacy.The overburdened judicial system, though very slow, generallyassures that in most situations children are removed fromabusive households once a case has been reported. Arepresentative from the leading children's right group inCaracas, however, asserted that in many cases a child is betteroff even in an abusive household than in a public facility,where staff are often poorly trained and funding is low. Indigenous PeopleAlthough the law prohibits discrimination based on ethnicorigin, members of the country's indigenous populationfrequently suffer from inattention to and violation of theirhuman rights. Venezuela is home to about 315,000 indigenouspeople in 25 ethnic groups, according to a special 1992 census.The Constitution provides for special laws governing "theprotection of indigenous communities and their progressiveincorporation into the life of the nation." Nonetheless,indigenous people are not able to protect their civil andpolitical rights or to influence decisions affecting theirlands, cultures, traditions, and the allocation of naturalresources. For example, indigenous groups were not successfulin obtaining the legislation they sought to preserve ancestrallands and cultures, or to enact proportional representation toprovide more ethnic minorities in the country's legislativebodies. Indian rights advocates have noted that few indigenouspeople work in government agencies responsible for Indianaffairs.Many of the country's indigenous people live isolated frommodern civilization and lack access to basic health andeducational facilities theoretically available to allVenezuelans. High rates of cholera, hepatitis-B, malaria, andother diseases plague their communities. Tourists and otheroutsiders inadvertently introduce new viruses to Indianpopulations with unprepared immune systems: the common coldoften becomes bronchitis, and chicken pox can be fatal. Inaddition, few indigenous communities hold title to their lands,and many have been displaced in recent years by government-sponsored projects. Fertilizer and machinery have pollutedrivers, while strip mining and large-scale farming havedestroyed habitats.The Yanomami, the most primitive of the indigenous people inVenezuela, have been subject to persistent incursions intotheir territory by illegal Brazilian gold miners. The minershave not only brought diseases but reportedly coerced some ofthe Indians to be servants and prostitutes. In August 1993,miners killed at least 16 Yanomami in a remote area of Amazonasstate. An indigenous people's group reported two similarkillings in 1994. The Government began to bomb illegalairstrips used by the miners and to use force to try to preventthe miners' entry along the porous border. Indigenous peoples'groups, however, strongly criticized the Government for notforcefully seeking the prosecution of the perpetrators of the1993 massacre who had retreated into Brazilian territory.In February members of the army shot and killed three membersof the Yucpa ethnic group after women in the group tried toblock the soldiers from taking wood they had cut. The militaryallegedly responded by firing indiscriminately. To protest thekillings, a large group of Yucpas temporarily took over severalranches and blocked roads. The investigation of the killingswas impeded in March due to a jurisdictional dispute betweenmilitary and civilian courts. There were no arrests by the endof the year. People with DisabilitiesIn 1993 the Government passed the first comprehensive law toprotect the rights of the disabled. The new law requires thatall newly constructed or renovated public parks and buildingsprovide access for the disabled. Among other importantprovisions, the law forbids discrimination in employmentpractices and in the provision of public services. However,the Government did not make a significant effort to implementthe law, to inform the public of the new law, or to try tochange societal prejudice against the disabled.The physically impaired still have minimal access to publictransportation, and ramps are practically nonexistent, even ingovernment buildings. According to local advocates, thedisabled are discriminated against in many sectors, includingeducation, health care, and employment. There have been a fewreported incidents in which public university programs expelleddisabled people and hospitals turned them away, even for thetreatment of afflictions unrelated to their disability.Section 6 Worker Rights a. The Right of AssociationBoth the Constitution and labor law recognize and encourage theright of unions to exist. The comprehensive 1990 Labor Codeextends to all private sector and public sector employees(except members of the armed forces) the right to form and joinunions of their choosing. The Code mandates registration ofunions with the Ministry of Labor, but it reduces theMinistry's discretion by specifying that registration may notbe denied if the proper documents (a record of the foundingmeeting, the statutes, and the membership list) are submitted.Only a judge may dissolve a union, and then only for reasonslisted in the law, such as the dissolution of a firm or byagreement of two-thirds of the membership.One major union confederation, the Venezuelan Confederation ofWorkers (CTV), and three small ones, as well as a number ofindependent unions, operate freely. About 25 percent of thenational labor force is unionized. There are no restrictionson affiliation with international labor organizations, and manyunion organizations play active international roles. The CTV'stop leadership includes members of several political parties.The majority are affiliated with the country's largest party,AD, and the CTV and the AD reciprocally influence each other. The law recognizes the right of public and private sectoremployees to strike. However, public servants may onlyexercise it if it does not cause "irremediable damage to thepopulation or to institutions." The Labor Code allows thePresident to order public or private sector strikers back towork and to submit their dispute to arbitration if the strike"puts in immediate danger the lives or security of all or partof the population." During 1994 most strikes occurred amonggovernment employees. With the exception of a prolonged strikeby public school teachers, which was settled through LaborMinistry mediation, the threat to strike was sufficient in mostcases to achieve a resolution satisfactory to the workers. b. The Right to Organize and Bargain CollectivelyThe Labor Code protects and encourages collective bargaining,which is freely practiced. According to the Code, employers"must negotiate" a collective contract with the union thatrepresents the majority of their workers. The Code alsocontains a provision stating that wages may be raised byadministrative decree, provided that the Congress approves thedecree.The law prohibits employers from interfering with the formationof unions or with their activities and from stipulating as acondition of employment that new workers must abstain fromunion activity or must join a specified union. Ministry ofLabor inspectors hear complaints regarding violations of theseregulations, and they can impose a maximum fine of twice theminimum monthly wage for a first infraction. Under the Code,union officials have special protection from firing. If ajudge determines that any worker was fired for union activity,the worker is entitled to back pay plus either reinstatement orpayment of a substantial sum of money, which varies accordingto his years of seniority.Labor law and practice is the same in the sole exportprocessing zone as in the rest of the country. c. Prohibition of Forced or Compulsory LaborThere is no forced or compulsory labor. The Labor Code statesthat no one may "obligate others to work against their will." d. Minimum Age for Employment of ChildrenThe Labor Code allows children between the ages of 12 and 14 towork only if the National Institute for Minors or the Labor Ministry grant special permission. It states that childrenbetween the ages of 14 and 16 may not work without permissionfrom their legal guardians . Minors may not work in mines,smelters, in occupations "that risk life or health" or coulddamage intellectual or moral development, or in "publicspectacles."Those under 16 years of age must by law work no more than 6hours a day or 30 hours a week. Minors under age 18 may workonly during the hours between 6 a.m. and 7 p.m. The Ministryof Labor and the National Institute for Minors enforce the laweffectively in the formal sector of the economy but much lessso in the informal sector, which accounts for 55 percent oftotal employment. According to a 1993 study, some 1 millionchildren work in the informal sector, mostly as street vendors;there is no other occupation in which employment of children isbelieved to be substantial. e. Acceptable Conditions of WorkVenezuela has a national urban minimum wage and a nationalrural minimum wage. The monthly minimum wage was $90 for urbanworkers and $60 for rural workers. Mandatory fringe benefitsare added to these minimum figures; they vary with the workers'individual circumstances, but in general increase wages byabout one-third. In the past, this combined income provided aliving wage. However, unions now argue that purchasing powerhas declined enough over the last several years to call for adoubling of the minimum wage. The law excludes only domesticworkers and concierges from coverage under the minimum wagedecrees. Under the Labor Code, the rates are set byadministrative decree, which Congress may either suspend orratify but may not change. The Ministry of Labor enforcesminimum wage requirements effectively in the formal sector ofthe economy but generally does not enforce them in the informalsector.The 1990 Labor Code reduced the standard workweek to a maximumof 44 hours, and requires "2 complete days of rest each week."Some unions, such as the petroleum workers, have negotiated a40-hour week. Overtime may not exceed 2 hours daily, 10 hoursweekly, or 100 hours annually, and may not be paid at a rateless than time and a half. The Ministry of Labor effectivelyenforces these standards in the formal sector.The 1986 Health and Safety Law still awaits implementingregulations and is not enforced. The delays are due largely to concern that the law provides penal sanctions againstmanagement when violations of health and safety occur and toambiguity in the law over what constitutes a violation. TheLabor Code states that employers are obligated to pay specifiedamounts (up to a maximum of 25 times the minimum monthlysalary) to workers for accidents or occupational illnesses,regardless of who is responsible for the injury. It alsorequires that workplaces must maintain "sufficient protectionfor health and life against sicknesses and accidents," and itimposes fines of from one-quarter to twice the minimum monthlysalary for first infractions. Inspectors from the Ministry ofLabor appear to enforce the law effectively. Workers canremove themselves from dangerous workplace situations withoutjeopardy to continued employment.</text>
</content>
<name> </name>
<script></script>
</card>
card_75977.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: VENEZUELA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 VENEZUELAVenezuela is a republic with an active multiparty democraticsystem, a free press, well-established unions, and alongstanding commitment to democracy. These factors enabledthe country to withstand two attempted coups in 1992 and theimpeachment of a President in 1993. Two-party dominance endedon February 2 when former President Rafael Caldera was sworn inas President after being elected with the support of a coalitionof small and medium-sized parties. Four major politicalgroupings comprised the new Congress which convened inJanuary. On June 27, the Government suspended the followingpolitical and economic guarantees provided for in theConstitution: the freedom from arbitrary arrest and detention,the freedom from search without a warrant, the freedom oftravel, the freedom to pursue profitable activities, the rightto own private property, and the right to receive compensationfor assets confiscated by the State. The Government said,initially, the suspension was necessary to combat unspecifiedsubversion and, subsequently, it was needed to provide theadministration with the necessary legal framework to addressthe country's economic and financial crisis.The security apparatus has civilian and military elements, bothaccountable to elected authorities. The National Guard, abranch of the military, has arrest powers and is largelyresponsible for guarding the exterior of prisons and keygovernment installations, maintaining order during times ofcivil unrest, monitoring frontiers, and providing lawenforcement in remote areas. It also supplies the topleadership for the Metropolitan Police, the main civilianpolice force in and around Caracas, and for various state andmunicipal police forces. The Interior Ministry controls theState Security Police (DISIP) which is primarily responsiblefor protecting public officials and investigating crimesinvolving subversion, narcotics, and arms trafficking; and theJustice Ministry controls the Judicial Technical Police (PTJ)which conducts most criminal investigations. Both police andmilitary personnel were responsible for human rights abusesthroughout the year.The public sector dominates the economy, particularly thepetroleum industry, which accounts for some 22 percent of thegross domestic product. In response to a financial sectorcrisis, the Government took control over half the bankingsector. It also imposed foreign exchange controls andtemporary price controls on a number of basic necessities,other products, and selected services.Serious human rights abuses included incidents of extrajudicialkillings by the police and military, abuse of detainees, afailure to punish police and security officers accused ofabuse, arbitrary and excessively lengthy detentions, corruptionand severe inefficiency in the judicial and law enforcementsystems, deplorable prison conditions, and a lack of respectfor the rights of indigenous people. The civilian and militarycourts made little progress towards prosecuting officialsresponsible for the many killings during the two 1992 coupattempts, the November 1992 Catia prison massacre, and the 1989urban riots. The authorities also took no action to prosecutethe perpetrators of the 1993 massacre of Yanomami Indians.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of targeted political killings, butextrajudicial killings by the security forces continued. TheVenezuelan Program for Action and Education in Human Rights(PROVEA), one of Venezuela's most respected human rightsorganizations, documented 148 extrajudicial killings fromOctober 1993 through September 1994. The killings involvedsummary executions, the indiscriminate or excessive use offorce, death in custody, death as a result of torture andmaltreatment, and death as a result of abuse during military orpublic service. According to PROVEA, the Metropolitan Policecarried out 46 of the killings; the State Police, 37; theNational Guard, 16; the PTJ, 15; the armed forces, 11; DISIP,9; municipal police, 7; and other branches of the securityapparatus, 7.The perpetrators of extrajudicial killings act with nearimpunity, as the Government rarely prosecutes in such cases.The police often fail to investigate crimes that they or theirlaw enforcement colleagues allegedly committed, and thejudicial system remains highly inefficient and sometimescorrupt. A special pretrial summary phase called "nudo hecho,"used in cases involving public officials, often shields membersof the security forces from prosecution, as a case can languishin that phase for several years. In addition, military courtsare often strongly biased in favor of members of the armedforces accused of abuse. In the small number of prosecutionsin which the courts convict perpetrators of extrajudicialkillings and other abuses, the sentences issued are frequentlylight, or, more commonly, the convictions are overturned onappeal. Unlike common prisoners, members of the securityforces charged with crimes rarely spend much time in prison.The Government has not taken sufficient steps to overcome theobstacles that permit continued impunity in cases ofextrajudicial killings and other human rights abuse.One example of an alleged unpunished extrajudicial killing isthe case of Marcos Antonio Vivas Sayago. A team ofapproximately 20 uniformed and plainclothed members of the PTJand Metropolitan Police shot and killed him in his residence onthe morning of July 26. The team reportedly threatened thevictim's family with reprisals should they report theincident. The family reported the case to the publicprosecutor/ombudsman's office ("Fiscalia General") which openedan investigation. There were no arrests, however, by year end.Organized groups of police allegedly carried out many additionalunpunished extrajudicial killings. Human rights organizationsreported that one such group, referred to as the "pantaneros"by the local population, and comprised largely of members ofthe metropolitan police, committed at least a dozen killingsduring the year in poor areas of Caracas.In May the Government arrested three members of the CaracasMetropolitan Police allegedly responsible for the unlawfulshooting death of 15-year-old high school student GermanSotillo Rodriguez. The case remained in the courts, with noprosecutions by year's end. Local human rights groupsexpressed hope that the arrests indicated the Government wouldbe more forceful in prosecuting members of the security forcesaccused of committing extrajudicial killings. However, therewere few similar arrests throughout the year.In April government investigators discovered a common gravewith an unspecified number of bodies in the remote Sierra dePerija region of Zulia state. At least one of the bodiesshowed signs of execution-style killing. The contents of thegrave were sent to Caracas for forensic examination, althoughofficials failed to identify the bodies positively or provide adefinite count of them by the end of the year. Human rightsactivists placed the number at around 15 and asserted that thevictims were likely poor farmers who had come into conflictwith large-scale ranchers in the area. Although an ongoinggovernment investigation produced no arrests or charges, aspecial rural contingent of the Zulia state police--which wasbeing financially subsidized by the ranchers--was alleged tohave committed the killings. The governor of Zulia disbandedthe rural police largely as a result of this allegation. Anumber of persons have come forward with credible testimony inrecent years that there are additional common graves in theSierra de Perija and Catatumbo regions, and that the graves arethe result of killings by security forces to intimidate thelocal population. Subsequent government investigations haveproduced no results. Human rights groups related that localfarmers and indigenous people are afraid come forward withadditional information out of fear of reprisals.In August an ad hoc military court acquitted 16 military andpolice officers who shot and killed 14 fishermen in 1988 nearthe border town of El Amparo. The decision overturned analready suspect 1993 ruling sentencing the defendants to only 71/2 years in prison for excessive use of force when thecircumstances of the killings strongly indicated an executionrather than a military action. Human rights monitors,representatives of the victims, and the two survivors expressedextreme dissatisfaction with the verdict, asserting that themilitary court had disregarded crucial evidence and testimonydemonstrating that the event was a planned massacre. Theircriticism of the verdict appears valid. Despite the acquittal,only nine of the defendants in the case were released--theothers remained in prison on charges of similar killings inother areas. Three other defendants did not stand trial asthey had gone into hiding and were fugitives from the law.In January the Inter-American Court of Human Rights initiated atrial against the Government involving its allegedresponsibility for not assuring justice in the El Amparo case.The case was referred to the court by the Inter-AmericanCommission on Human Rights (IACHR) which charged the Governmentwith failure to comply with several provisions in the AmericanConvention on Human Rights, including the obligation to protectthe lives, physical integrity, and equality under the law ofall citizens. Prior to referring the case to the Court, theIACHR reportedly made several recommendations which theGovernment did not heed, including that the Government ensurepunishment for those responsible for the El Amparo killings,compensate the survivors and victims' families, and reform themilitary justice system to ensure independence and impartiality.On January 15, 1995, the Court began formal proceedings in theEl Amparo case. Three days later the Foreign Ministeracknowledged the State's responsibility and said the Governmentwould pay indemnities to the victims. The Court then issued ajudgment taking note of the Government's declaration ofresponsibility and instructing the Government to pay a justindemnification to the surviving victims and the families ofthe other victims, with the amount to be determined bynegotiations between the Government and the IACHR.The Government withdrew charges against the rebel militaryofficers responsible for the two 1992 coup attempts. Theauthorities either released the military officers from jail orallowed them to return from self-imposed exile. No one wasprosecuted for the 34 reported extrajudicial killings and otherserious abuse, including torture, that occurred during the coupattempts. The Government failed to initiate a thoroughinvestigation of the human rights abuses perpetrated during thecoup attempts.Likewise, the authorities never prosecuted or held anyoneresponsible for the November 1992 killing of at least 63prisoners at Catia prison. The National Guard--erroneouslyclaiming that coup leaders had distributed arms there--stormedthe prison, opened cells, and fired on inmates. The majorityof bodies found were reportedly shot at close range, suggestingsummary executions. Apart from the officially recorded 63prisoners killed, the fate of 25 others remains unknown--eithertheir bodies were not found or they escaped during or near thetime of the killings.Although almost 6 years have elapsed, no progress has been madeon resolving the extrajudicial killings by security forcesduring and after the civil unrest of February-March 1989. TheGovernment maintained that 276 people died, while human rightsgroups documented some 400 cases of persons dead or missing.The authorities buried at least 68 victims anonymously in massgraves. Some human rights organizations accused theauthorities of doing this to conceal the identity and manner ofdeath of the victims and thus protect the perpetrators.Although the bodies were exhumed in 1991, only three have beenpositively identified.Approximately 300 cases stemming from the 1989 killingsremained under consideration in military or civilian courts,but only 1 has been adjudicated: a police officer was foundguilty in 1991 of homicide and sentenced to 1 year'simprisonment. The Committee of Family Members of Victims ofthe Riots (COFAVIC) continued to seek prosecutions and thoroughinvestigations of the 1989 deaths. The Government still hasnot initiated the effective investigation needed to resolvethese killings. b. DisappearanceIn 1994 PROVEA reported the following three unresolveddisappearances allegedly perpetrated by members of the securityforces:In January members of the National Guard stopped 20-year-oldElsida Ines Alvarez while she was driving between the towns ofSan Cristobal and Valencia with her mother. When she wasunable to produce her identity card, the National Guard tookher into custody, and she has not been seen or heard fromsince. Alvarez' mother repeatedly visited National Guardheadquarters to obtain information on her daughter's whereaboutswithout success. PROVEA was aware of no officialacknowledgment or investigation of the disappearance.In March a group of armed men took 16-year-old Benjamin Vasquezfrom his home, saying they were searching for weapons stolenfrom the armed forces. A few hours later, several of the menreturned to inform Vasquez' family that he had been detained,although they did not specify by whom. Vasquez has not beenseen or heard from since. Through third parties, the familyheard that Military Intelligence (DIM) had taken him intocustody, but they were unable to find any record of hisdetention and received no official acknowledgment of thedisappearance.In April an unidentified man believed to be a member of DISIPapprehended Fidel A. Sanabria in Tachira state. Sanabria'swife related that he was subsequently taken to the local PTJheadquarters, although there was no record of his detention byeither DISIP or the PTJ. Sanabria's whereabouts were not knownby the year's end.One 1993 disappearance remained unresolved and uninvestigated.According to Amnesty International (AI), 14-year-old YolandaLandino disappeared on March 27 following a military raid onher house in the state of Zulia. Her father Mario Landino, apeasant leader, and her brother Henry had disappeared theprevious day. Soldiers interrogated the family, accused themof being guerrillas, and asked family members about Mario'sactivities. Although the family was under house detention,Yolanda managed to leave the house; but soldiers reportedlycaptured her the next day. She was never seen again. Herfather and brother were brutally tortured while in militarycustody, including application of caustic substances to theeyes (Mario is now almost blind) and injection of an unknownsubstance that caused a burning sensation inside the body.Soldiers told him Yolanda had been arrested and would be killedif he did not confess. Under duress he signed papers he couldnot read--a "confession" to collaborating with guerrillas. Mr.Landino and his son were transferred to a police station onApril 4, 1993. Mr. Landino remained in prison until March 1994when he was provisionally released for lack of evidence. HenryLandino remains in prison awaiting trial on the basis of theconfession extorted under torture. The public prosecutor/ombudsman's office initiated an investigation of the Landinocase in November. That office stated it was unaware ofLandino's disappearance and of the allegations of torture untilit received the AI information late in the year. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe law prohibits torture, but security forces continue toabuse detainees physically. This abuse most commonly comprisesbeatings during arrest or interrogation, but there have beenincidents when the security forces used caustic substances,electric shock, near suffocation, and sexual abuse againstdetainees. In its November 1993 report, AI maintained thattorture and ill-treatment are widespread and sometimes fatal.Most victims come from the poorest and least influential partsof society, but political activists, student leaders, andmembers of grassroots organizations have also been victimizedfor their activities. Red de Apoyo, a respected human rightsorganization, reported 534 incidents of maltreatment andtorture from March 1993 through February 1994. PROVEA,discriminating between maltreatment and the more severe formsof torture, documented 2.037 incidents of maltreatment and 39cases of torture from October 1993 through September 1994.Both organizations asserted, however, that the actual numberswere higher, because many victims remain silent about abuse dueto fear of retribution. According to PROVEA, the NationalGuard was responsible for 15 of the reported torture incidents;the State Police, 7; the PTJ, 6; the armed forces, 4; municipalpolice, 3; military intelligence, 3; and DISIP, 1.Torture, like extrajudicial killings, continues because theGovernment does not ensure the independent investigation ofcomplaints needed to bring those responsible to justice. Inaddition to lack of vigor by the judiciary, the Institute ofForensic Medicine is part of the PTJ, which prevents forensicdoctors from being impartial in their examinations of caseswhere torture may have been involved. Very few cases oftorture have resulted in convictions.Four individuals arrested in August on charges of subversionclaimed that officials of the intelligence division of theCarabobo state police tortured them. According to local humanrights groups and the President of the CongressionalSubcommittee on Human Rights, Jose Manuel Flores, LubenSanchez, Jose Luis Sanchez, and Jose Gregorio Guedez were hungby handcuffs from a ceiling, beaten, and subjected to electricshocks applied to their tongues, testicles, and feet. A localhuman rights monitor who visited the four in the days after thealleged abuse said their bodies were severely bruised and theyhad visible abrasions on their lips, seeming to confirm theaccusations. Family members of two of the victims filedcomplaints with the public prosecutor/ombudsman's office,although there was no known investigation of the allegedtorture by the end of the year.Prison conditions continued to be deplorable, due tounderfunding, poorly trained staff, corruption among prisonstaff and National Guard members, and overcrowding so severe asto constitute inhumane and degrading treatment. At year's end,33 prisons held 23,554 inmates, of whom the courts hadsentenced only 7,508. The Caracas main jail holds three timesits intended capacity. Extreme overcrowding, inadequate diet,minimal health care, and severe physical abuse by guards and byother prisoners led to many prison riots. Inmates often haveto pay guards as well as each other to obtain necessities suchas space in a cell, a bed, and food. Guns, knives, and illegaldrugs are easily smuggled into most prisons, and violence amongprisoners is very common.On January 3, a conflict between two gangs in Maracaibo'sSabaneta prison escalated into a riot that left at least 105inmates dead and scores wounded. Most of the casualtiesoccurred in a cellblock the prisoners set on fire, althoughthere were additional deaths by shooting, stabbing, anddrowning in the sewage system. Prison staff and the NationalGuard were generally unwilling to enter the facility in themonths leading up to the riot, allowing a state of near anarchyto develop. In addition, during the riot, the National Guardallegedly waited for at least 2 hours before entering torestore order, permitting numerous additional casualties tooccur. The government investigation of the incident led tocharges against 52 inmates and only 2 officials--1 member ofthe National Guard and 1 prison employee. No officials wereheld responsible for the corruption and neglect that allowedconditions at Sabaneta to deteriorate to such a low level. Asa result of a Supreme Court ruling in September that theNational Guard member must be tried by a military court, thatcourt will also try the 53 other defendants. It had reached noverdict in the Sabaneta case by year's end.Numerous other riots and incidents of violence resulted indeaths in prisons almost daily. PROVEA registered a total of498 prisoners killed and another 1,127 wounded as a result ofviolence from October 1993 through September 1994. In January9 inmates were killed and 11 wounded trying to escape fromAragua prison. In April an insurrection in Caracas' Catiaprison left 6 dead and 20 wounded, largely from a firebombignited by inmates.In December the Government announced it would temporarily"militarize" six of the most violent penitentiaries in order toprevent unrest during the holiday season, which usually is aperiod of increased prison violence. Consequently, theNational Guard--which is primarily responsible for guarding theperiphery of prisons--was ordered to maintain a strong presenceinside the prisons. While the militarization was generallyperceived as a positive action to ensure order and preventadditional prison deaths, there were several reports ofphysical abuse of prisoners by members of the National Guard.Inmates in San Juan Los Carlos prison filed a complaint withthe congressional human rights subcommittee and the publicprosecutor/ombudsman alleging that senior Justice Ministryofficials had ordered the National Guard to beat the prisonpopulation with clubs and blunt saber-like devices called"peinillas."Throughout the year, the Government acknowledged the poor stateof prisons and announced several plans to improve conditions,including major construction and renovation projects due tobegin in 1995. In addition, many prison administrators werereplaced; the new prison director is a former human rightsdirector in the public prosecutor/ombudsman's office.Nonetheless, funding for prisons remained extremely low, andthe Government's programs were not yet sufficient to improvethe deplorable conditions in most penitentiaries. d. Arbitrary Arrest, Detention, or ExileIn the days immediately after the June 27 suspension of severalconstitutional guarantees--including the freedom from arbitraryarrest--the press and human rights groups reported thedetention and questioning of some 27 persons allegedlysuspected of plotting subversion. The authorities held 20 ofthe detainees for several hours, and the remaining 7 for over aweek. Some of the detainees complained that the authoritiesintimidated them because of their affiliation with a movementled by the released leaders of the February 1992 coup attempt.The press and human rights groups also reported a large numberof arbitrary detentions during anticrime sweeps in impoverishedareas by the Metropolitan Police, DISIP, the National Guard,and the PTJ. The authorities detained persons during thesweeps for from a few hours to up to 2 days while they checkedcriminal records; they released the majority without charges.While such sweeps had been conducted in previous years, thesecurity forces greatly increased the frequency and size of theoperations during the suspension of guarantees. PROVEAdocumented 6,306 people detained during sweeps from October1993 through September 1994; there were 250 such detentions inthe previous 12-month period.The law provides for the right to judicial determination of thelegality of detention; however, the police may hold personswithout an arrest warrant for up to 8 days, and the courts mayhold them up to an additional 8 days in court custody. In manyreported cases, the police have physically and psychologicallyabused detainees during the initial 8-day period and illegallyheld them incommunicado. During the second 8-day period ajudge may, on the basis of the police investigation, ordereither a formal arrest or the person's release. Arbitraryarrests are common, and authorities sometimes exceed the timelimits for holding suspects. Prisoners often have to pay feesextorted by prison officials for transportation to judicialproceedings at which formal charges are made. Detainees unableto pay are frequently unable to get to their judicial hearings.The 1939 Vagrancy Law permits the detention for up to 5 years,without warrant, trial, or judicial appeal, of people deemed bythe police to be a danger to society but against whom there isno evidence of a punishable crime. This law is susceptible toarbitrary and discriminatory interpretation, and police oftenapply it against people with previous criminal records who aredetained during police sweeps. AI noted that many detaineesunder this law, jailed merely on suspicion, are subjected totorture. In May the Interior Minister urged police to continueto use the Vagrancy Law as a deterrent against crime until theGovernment and Congress approve an alternative. In October theMinistry of Justice reported there were 187 persons in jailunder the Vagrancy Law. This figure did not reflect the totalnumber arrested under the law and then released.Forced exile is illegal and is not practiced. e. Denial of Fair Public TrialThe law provides for the right to a fair trial and considersthe accused innocent until proven guilty in a court. Thejustice system, however, is overburdened, inefficient,afflicted by the corruption of some judges, and lacking inpublic credibility. Case backlogs and lengthy pretrialdetentions averaging 4 1/2 years are the norm. Judges areunderpaid, poorly disciplined, and susceptible to politicalinfluence. The law provides for public defenders for thoseunable to afford an attorney, but there are not enough publicdefenders to handle the caseload. The Judicial Council, whichgoverns the judicial branch, stated that there are 150 publicdefense attorneys with an average of 170 active cases each, butsome have as many as 250 cases.The judicial process is written, requiring the costly andtime-consuming production of voluminous reports at every stageby judges, attorneys, and witnesses. The civilian judiciary islegally independent, but the major political parties influencethe judicial selection process and decisions in particularcases.Military courts can try civilians in cases of armed subversionand in cases which involve armed forces members. Militarycourts are subject to a requirement for a speedy trial and astatute of limitations similar to that of civilian courts.Persons convicted by a military court have the same right ofappeal to the Supreme Court as those under the civiliansystem. Military courts, however, are significantly differentfrom civilian courts in that by law the President must reviewevery case after the initial investigation stage and decide ifthat case will go to trial. Human rights groups assert thatthis gives the executive excessive power to intervene inmilitary cases. In addition, the Supreme Court selectsmilitary judges from a list provided by the Minister ofDefense, a process which links the careers of military judgesto the high command. The tendencies of military judges to beresponsive to the views of their military leaders, to maintainprocedural secrecy, and to act slowly in high-profile cases inwhich the military is implicated make it unlikely thatdefendants undergo an impartial or timely prosecution. Thesefactors can and do result in military offenders evadingpunishment for extrajudicial killings and other human rightsabuses. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceConstitutional provisions prohibit arbitrary interference withprivacy, family, home, and correspondence. After theGovernment suspended the freedom from search without warrant onJune 27, however, the press reported a number of incidents ofsearches without warrants by security forces. According to themedia, DISIP searched the homes of a prominent Caracasbusinessman and of a noted intellectual, and the DIM similarlysearched 30 homes in the city of Cumana. In recent years,there have been some complaints of telephone surveillance, andhuman rights monitors accused the security forces of illegalwiretapping. In September the Interior Minister announced thatthe telephones in his office were being wiretapped, apparentlyby former employees of his Ministry.</text>
</content>
<name>Venezuela </name>
<script></script>
</card>
card_75700.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: VAUATU HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 VANUATUVanuatu, a small South Pacific island nation which became independent in 1980, has a parliamentary form of government with a 46-member Parliament, including a Prime Minister, and a President. The latter's powers are largely ceremonial, except when acting on the advice of the Council of Ministers. Political legitimacy is based on majority rule.The civilian authorities control the small police and paramilitary mobile forces.Because the Vanuatu economy is dependent on international trade, it is vulnerable to shifts in world market prices. Growth in tourism and Vanuatu's offshore banking center were expected again to lead other sectors of the economy in 1994.Restrictions on freedom of speech and press, together with the treatment of women, remain the major human rights problems.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of politically motivated disappearances. c. Torture and Cruel, Inhuman, or Degrading Treatment or PunishmentConstitutional provisions against torture and cruel, inhuman, or degrading treatment are observed in practice and enforced by the courts. The law provides that prisoners shall have recourse to the Ombudsman, a constitutional position filled for the first time in July. Laws and regulations governing the office are still to be defined. d. Arbitrary Arrest, Detention, or ExileThere were no reports of arbitrary arrests. Arrest is by warrant. The constitutional provision that suspects must be informedof the charges and given a speedy hearing before a judge is observed in practice. There is no exile. e. Denial of Fair Public TrialThe courts uphold constitutional provisions for a fair public trial, presumption of innocence until guilt is proven, prohibition against double jeopardy, the right of judicial determination of the validity of arrest or detention, and appeal to the Supreme Court. The courts are free of military or executive interference.There were no political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThere were no reports of arbitrary interference with privacy, family, home, or correspondence.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressAlthough the Constitution provides for freedom of speech and press, the Government does not fully respect this in practice and frequently uses its control over access to the media to prevent opposition viewpoints from reaching the general public. In 1993 the Government threatened to revoke the editor's work permit and the publication license of Vanuascope, an independent newspaper, because it defied a government ban on covering the statements of an opposition political party. With the demise of Vanuascope early in 1994 due to financial losses, the Government controls all of the nation's domestic media. In December the Prime Minister's Office instructed the government-run Vanuatu Broadcasting and Television Corporation to submit stories on political events for approval, ostensibly to ensure their accuracy.A Pacific regional news agency (PACNEWS) was permitted to move its headquarters to Vanuatu in January 1994 and has continued to enjoy freedom to transmit its stories throughout the region, even when they include criticism of political leaders in the country. Correspondents for international media are also allowed to report from Vanuatu without interference; they write largely for external audiences. Even so, the Government continues to manipulate the media to its advantage. The political opposition and trade unionists often encounter difficulty in getting press statements broadcast and published in state-controlled media. The national court tends either to uphold the Government's ban on access to media or to refuse to hear such cases. b. Freedom of Peaceful Assembly and AssociationPermits must be obtained to hold public demonstrations and rallies. In response to a general strike (see Section 6.a.), the Government in February obtained a court order prohibiting picketing on government property.The Government did not restrict the forming of political parties or other groups. c. Freedom of ReligionThe law provides for freedom of religion and the Government generally respected it in practice. Missionaries of various Christian denominations work without restrictions. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationAll citizens are free to travel internally and externally and to return from abroad without restrictions. In the wake of an extended strike (see Section 6.a.), the Government stopped an athlete from leaving the country to compete in regional championships.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens have the right freely to change the Government through periodic multiparty elections. The Constitution provides for parliamentary elections every 4 years. The Government is a coalition of Prime Minister Maxime Carlot Korman's Francophone Union of Moderate Parties and the Deputy Prime Minister's People's Democratic Party, which broke from the Anglophone National United Party in midyear. In opposition are the Vanua'aku Party, National United Party, and three others. Outside observers generally consider campaigns and voting to be fair, although government restrictions and pressure on the media inhibit the ability of opposition parties to publicize their views (see Section 2.a.).There were reports of government discrimination in the provision of services to persons and communities suspected of or known to be supporting opposition political candidates. The Government has also been charged with politically biased employment practices (see Section 6.a.).In Vanuatu's traditional society, males are dominant and women are frequently limited to customary family roles. These traditional attitudes have hampered those women who have sought to take more active roles in economic and political life. There is only one female member of Parliament.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere are no restrictions on the formation of local nongovernmental human rights organizations (NGO's). Vanuatu's first such NGO, Human Rights Forum, was founded in late 1994. An NGO to promote and protect the rights of women, The Women's Center (formerly Committee on Violence Against Women), provides counseling and conducts workshops to improve the status of women.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenWhile women have equal rights under the law, they are only slowly emerging from a traditional culture characterized by male dominance, a general reluctance to educate women, and a widespread belief that women should devote themselves primarily to childbearing. There are no women serving as leaders in Vanuatu's municipal or village councils, churches, or chambers of commerce. Members of the National Council of Women (NCW) view village chiefs as a primary obstacle to the attainment of social, political, and economic rights by women.While no accurate data are available, violence against women, particularly wife beating, is reportedly common and on the rise. However, very few cases of wife beating are brought to the attention of the authorities, and even fewer are prosecuted. Usually the women involved drop the cases before trial. In villages, where custom is strong, women who have been beaten, abused, or raped frequently suffer greater punishment than their abusers. The police are reluctant to intervene in what are considered purely domestic matters. Although there are no specific laws against spouse beating, the courts have at times dealt severely with such cases, using common-law assault as a basis for imposing punishment. At a conference on violence sponsored by the Women's Center, a senior government minister said that traditional village societies had dealt effectively with women's issues for thousands of years and cautioned against "inappropriate" Western notions of equality. The Government has refused the Center's application to establish a women's refuge, ostensibly because of fears that it would encourage the breakup of families.The majority of women enter into marriage through "bride-price payment". On those islands where the custom of paying "bride price" is observed, the woman is regarded as the property of the husband and may be dealt with as he chooses. In some areas, women are still forced to marry men chosen for them. ChildrenChildren are protected within the traditional extended-family system, in accordance with the family's financial resources and access to services. Members of the extended family, particularly paternal uncles, play an active role in a child's development. As a result, virtually no children are homeless or abandoned. Though cases of child abuse are sometimes reported, there is no pattern of societal abuse. The Government has made education a priority, but access is limited and school attendance not compulsory. National/Racial/Ethnic MinoritiesMost of the population is made up of Melanesians. Small minorities of Chinese, Fijians, Vietnamese, Tongans, and Europeans are generally concentrated in two towns and on a few plantations; they experience some discrimination with regard to land ownership. Although there have been allegations of corrupt practices by a member of the Government, there is no evidence to suggest a pattern of ethnic discrimination in the provision of basic services. People with DisabilitiesThere is no known governmental or national policy on the disabled, and no legislation mandates access for the disabled. Their protection and care is left to the traditional extended family and to voluntary nongovernmental organizations.Section 6 Worker Rights a. The Right of AssociationThe law provides workers with the right to organize unions. Unions may not affiliate with international labor federations without government permission.There are 5 trade unions, with a combined membership of more than 4,000, in the private and public sectors. The high percentage of the population still engaged in subsistence agriculture and fishing deters extensive union activity. The unions are grouped under an umbrella organization, the Vanuatu National Council of Trade Unions (VCTU), a member of the International Confederation of Free Trade Unions. The trade unions are independent of the Government.Strikes are generally uncommon, due in part to high rates of unemployment. The union movement declared the country's first general strike in February in support of the long-running public servants' strike begun in November 1993 over wages. The Vanuatu Teachers Union (VTU) and private sector Vanuatu National Union of Labor (NUL) joined the Vanuatu Public Servants Union (VPSA) in a 24-hour strike in February. During the general strike, there were reports of isolated violence, some allegedly instigated by a government minister. Approximately 50 strikers were arrested, and 4 were convicted of contempt of court for defying a court order against picketing on government property. They were sentenced to 6 months' imprisonment, later suspended. Private sector employers fired at least 20 private sector strikers as a result of the general strike. The Government also suspended about 170 teachers who had joined the strike, although approximately 90 percent have been reinstated. In March the Chief Justice restrained the VCTU and three of its leaders from claiming or alleging to have legal authority to represent their members in relation to the strike. In June the Government formally dismissed two VTU leaders from their teaching positions for advising members to join the February general strike.The long-running public servants' strike affected postal, health, and agricultural sectors badly. In January the Government dismissed all daily rate workers and suspended all strikers, approximately 1,200, and reportedly prohibited state-owned media from airing union views. At the end of February, the Supreme Court ruled that the VPSA had not complied with its own rules when it undertook strike action, and it declared the strike illegal, without addressing the legality of the Government's subsequent suspensions. (Public service rules require a hearing before dismissal. No strikers were granted such a hearing.) The Government formally dismissed all strikers in March. Of the approximately 400 full-time public servants dismissed, 100 reportedly applied for reinstatement. Only 15 have been rehired, with loss of seniority and rank, amid credible allegations that the Government's decisions were politically influenced. In a test case, the court ruled in November that the Public Service Commission should conduct a hearing on the dismissal of a medical doctor. At year's end, the hearing had not yet been held. Public services are gradually returning to normal, but some offices are still understaffed. The law prohibits retribution if the strike is legal. In the case of private sector employees, violations would be referred to the Labor Department for conciliation and arbitration. In the public sector, violations would be handled by the Public Service Commission.In the wake of the strike, in February the Government reportedly stopped a local athlete from leaving the country to compete in championship games in New Zealand because he had participated in strike action. The Government also reportedly canceled previously approved overseas scholarships for public servants involved in the strike. b. The Right to Organize and Bargain CollectivelyUnions exercise the right to organize and bargain collectively. Labor unions negotiate wages and conditions directly with management. If the two sides cannot agree, the matter is referred to a three-member arbitration board appointed by the Minister of Home Affairs. The board consists of one representative from organized labor, one from management, and the senior magistrate of the magistrate's court. While a dispute is before the board, labor may not strike and management may not dismiss union employees. Unions and management, however, generally reach agreement on wages without having to refer the matter to arbitration. Complaints of antiunion discrimination are referred to the Commissioner of Labor. While the law does not require union recognition, once a union is recognized, it does prohibit antiunion discrimination. In the private sector, violations are referred to the Labor Department for conciliation and arbitration; in the public sector, to the Public Service Commission. There are no known instances of such complaints.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe law prohibits forced or compulsory labor, and there have been no reports that either is practiced. d. Minimum Age for Employment of ChildrenThe law prohibits children under 12 years of age from working outside of family-owned agriculture, where many children assist their parents. Employment of children from 12 to 18 years of age is restricted by occupational category and conditions of labor for example, restrictions on employment in the shipping industry and nighttime employment. The Labor Department effectively enforces these laws. The high level of unemployment discourages the use of child labor. e. Acceptable Conditions of WorkVanuatu has a legislated minimum wage, effectively enforced by the Labor Department. Minimum wage rates were last raised in November 1991 to $107 monthly for urban workers and $93 monthly for rural workers (13,200 and 11,440 Vatu, respectively). Agricultural workers' minimum wages are tied to market prices for copra and cocoa. Most workers are not in the wage economy and are thus outside the scope of the minimum wage laws. For those covered by them, the wages provide an adequate standard of living within the local context.Various laws regulate the rights to sick leave, annual vacations, and other conditions of employment, including a 44-hour maximum workweek, with at least one 24-hour rest period. Vanuatu's Employment Act, enforced by the Labor Department, includes provisions for safety standards. However, the 1987 safety and health legislation is inadequate to protect workers engaged in logging, agriculture, construction, and manufacturing, and the single inspector attached to the Labor Department is hard pressed to enforce the Act fully. Workers do have the right to remove themselves from dangerous work situations.</text>
</content>
<name>Vanuatu </name>
<script></script>
</card>
card_75340.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: UZBEKISTAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government disapproves of independent nongovernmental localhuman rights organizations and has restricted theiroperations. It denied the Human Rights Society of Uzbekistan,a local group organized in 1992, permission to register. TheGovernment has often regarded international criticism of itshuman rights record as interference in its internal affairs,but in September it hosted a Conference on Security andCooperation in Europe (CSCE) seminar in Tashkent, which showedan increased level of tolerance for foreign discussion of humanrights in Uzbekistan.Mikhail Ardzinov, deputy chairman of the Human Rights Societyof Uzbekistan, was detained in May to prevent his attendance ata human rights conference in Almaty, Kazakhstan, and in June toprevent him from meeting with Senator Specter.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusBoth the Constitution and the 1992 law on citizenship prohibitdiscrimination on the basis of sex, religion, language, orsocial status, and officially sanctioned discrimination doesnot occur. WomenThere is no legal discrimination against women; women enjoy thesame legal rights as men. Despite nominal equality under thelaw, however, women are severely underrepresented in high-levelpositions. Due to traditional roles, women usually marryyoung, bear many children, and confine their activities withinthe family. However, women are not formally impeded fromseeking a role in the workplace. In rural areas, women oftenfind themselves limited to arduous labor in the cotton fields.However, the barriers to equality for women are cultural, notlegal, and women who open businesses or seek careers are notlegally hindered.Spouse abuse certainly takes place in Uzbekistan, but localactivists have no statistics. Wife beating is considered apersonal, family affair rather than a criminal act, and thussuch cases rarely come to court. A female journalist who haswritten on women's problems estimates that some 50 percent ofthe self-immolation suicides (of which there are reportedlyseveral hundred each year in Uzbekistan) are related to seekingan escape from chronic beatings. ChildrenUzbekistan has one of the highest birthrates in the formerSoviet Union. Over half the country's population is under theage of 15. The Constitution provides for children's rights,stating that parents are obliged to support and care for theirchildren until they are of age. National/Racial/Ethnic MinoritiesIn a population of about 22 million, official figures indicatethat 71 percent are Uzbeks, 8 percent Russians, 5 percentTajiks, 4 percent Tatars, and 3 percent Kazakhs. The realnumber of Tajiks is significantly higher, as many Tajiks havedeclared Uzbek nationality in their passports.Uzbekistan's citizenship law, passed in 1992, does not imposelanguage requirements for citizenship. Nonetheless, thelanguage issue remains very sensitive. Uzbek has been declaredthe state language, and the Constitution requires that thePresident must speak Uzbek.In March Russian Orthodox and Jewish graves were desecrated ontwo occasions at a cemetery outside Tashkent. Uzbeks from theadjoining neighborhood were suspected in the incidents.Europeans complain of harassment from Uzbeks. Non-Uzbekspeakers report unpleasant experiences with their neighbors orin stores. When government organizations and academicinstitutions have been forced to cut back, it is frequently theRussian speakers who have lost their jobs. However, theGovernment does not promote emigration by minority groups andpublicly encourages them to stay.The Government decided in 1993 to introduce a Latin script toreplace Cyrillic, will begin teaching Uzbek in the Latin scriptin 1995, and hopes to have fully converted to a Latin script by2000. Many store and street signs are already in the Latinscript. People with DisabilitiesOne of Uzbekistan's first laws, adopted only 2 months afterindependence in November 1991, was a law guaranteeing supportfor invalids. This law was aimed at insuring the disabled thesame rights as other people. However, little effort is made tobring the disabled into the mainstream. Society does notaccept them, and for the most part the disabled are kept out ofsight, either at home or in institutions. The State cares forthe mentally retarded in special homes. The Government has notmandated access for the disabled.Section 6 Worker Rights a. The Right of AssociationThe 1992 law on unions specifically proclaims that all workershave the right voluntarily to form and join unions of theirchoice, that trade unions themselves may voluntarily associateterritorially or sectorally, and that they may choose their owninternational affiliations. Membership in trade unions isoptional. The law also declares all unions independent of theState's administrative and economic bodies (except whereprovided by law), and states that trade unions may developtheir own charters, structure, and executive bodies andorganize their own work.In practice, however, the overall structure of trade unions hasnot changed significantly since the Soviet period.Uzbekistan's independence has eliminated subordination to theSoviet Union or Russia but has not altered the centralizedtrade union hierarchy which remains dependent on theGovernment. No "alternative" central union structures exist.A few new professional associations and interest groups havebeen organized, such as a Union of Entrepreneurs, a Union ofRenters, an Association of Private Physicians and Pharmacists,and one of lawyers. Their role and strength are as yetuncertain. Some of these hope to play a significant role inlicensing and otherwise regulating economic activity of theirmembers.According to the law, the Council of the Federation of TradeUnions (CFTU) has a consultative voice in the preparation ofall legislation affecting workers and is entitled to draft lawson labor and social issues. Trade unions are legally describedas organizations that defend the right to work and protectjobs. They have lost their previous role in state planning andin the management of enterprises. The emphasis now is on theunions' responsibility for "social protection" and socialjustice--especially unemployment compensation, pensions, andworker retraining.The trade union law does not mention strikes or cite a right tostrike. However, the law does give the unions oversight overboth individual and collective labor disputes, which aredefined as those involving alleged violations of labor laws,worker rights, or collective agreements.The only reported strike in Uzbekistan was a short strike inAugust by teachers in the city of Richtan calling for higherwages. Union and government officials alike assert that thissocial calm reflects general support for the Government'spolicies and common interest in social stability. It probablyalso reflects the absence of truly representative trade unionsas the standard of living fell, and growing unemployment raisedsocial tensions. b. The Right to Organize and Bargain CollectivelyTrade unions may conclude agreements with enterprises.Privatization is in its very early phases, so there is noexperience yet with negotiations that could be described asadversarial between unions and private employers. With veryfew exceptions, the State is still the major employer, and thestate-appointed union leaders do not view themselves as havingconflicts of interest with the State.The Ministry of Labor and the Ministry of Finance, inconsultation with the CFTU, set the wages for variouscategories of state employees. In the small private sector,management establishes wages or negotiates them with those whocontract for employment.The law forbids discrimination against union members and theirofficers, and there were no complaints registered.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe Constitution specifically prohibits forced labor, except aslegal punishment or as may be specified by law. Large-scalecompulsory mobilization of youth and students (by closingschools) to help with the cotton harvest continues. Youngpeople in rural areas are expected to participate "voluntarily"in harvesting activities of all kinds, and universities stillshut down temporarily to send both students and faculty intothe fields. d. Minimum Age for Employment of ChildrenThe minimum working age is 16 years; 15-year-olds may work withpermission but have a shorter workday. In rural areas, youngerchildren and the elderly often turn out to help harvest cottonand other crops. The Labor Ministry has an inspection serviceresponsible for enforcing compliance with these and otherregulations governing employment conditions. e. Acceptable Conditions of WorkThe Ministry of Labor, in consultation with the CFTU, sets theminimum wage and raised it several times in 1994 as the valueof the sum (the Uzbek currency) fell. As of September, it wasabout $10 per month at the official commercial exchange rate(or 200 sum, almost two times the nominal level of January 1,1994). Most agree that the minimum wage is not sufficient tofeed a family.The workweek is set at 41 hours per week and includes a 24-hourrest period. Some factories have apparently reduced work hoursin order to avoid layoffs. Overtime pay exists in theory butis not always paid.The Labor Ministry establishes occupational health and safetystandards in consultation with the unions. There is a healthand safety inspectorate within the Ministry. Workers do leavejobs that are hazardous without apparent jeopardy to continuedemployment; but the local press occasionally publishedcomplaints about the failure of unions and governmentauthorities to do enough to promote worker safety.</text>
</content>
<name> </name>
<script></script>
</card>
card_75236.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: UZBEKISTAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 UZBEKISTANThree years after declaring independence, Uzbekistan, whilehaving taken significant steps toward economic market reform,has made little progress in the transition from itsauthoritarian legacy toward democracy. President Karimov andthe centralized executive branch which serves him are thedominant forces in political life.The President heads the People's Democratic Party of Uzbekistan(PDP). One other party, the Fatherland Progress Party, islegally registered, but it was created by a presidentialadviser, presumably to give the appearance of a multipartysystem, and, although it supports the President, it fieldedcandidates to oppose the PDP in most parliamentary districts.The Government continued severely to repress genuine oppositionparties and movements, despite its frequently stated commitmentto multiparty democracy. It justifies its repressive policy byinvoking the specter of Islamic fundamentalism, the civilstrife that has plagued neighboring Tajikistan, and possibleopposition preparations for armed struggle.The National Security Service (NSS--formerly the Committee forState Security, or KGB) deals with a broad range of nationalsecurity questions--including corruption, organized crime, andnarcotics control--but continues to be one of the main organsfor suppression of the opposition. The Ministry of the Interiorprosecutes domestic crimes and often plays the lead role ininvestigating cases against political opposition figures.The economy is based primarily on agriculture and agriculturalprocessing; Uzbekistan is the world's fourth largest producerof cotton. It also has large deposits of gold, strategicminerals, gas, and oil. The Government has proclaimed itscommitment to a gradual transition to a mixed government-ownedand free market economy and introduced in February a package ofreforms to stimulate private enterprise, promote privateownership, encourage privatization of state enterprises, andattract foreign investment. Thousands of private small farmswere created in 1994. By the end of 1984, the Government hadundertaken reform and stabilization measures recommended by theInternational Monetary Fund and the World Bank.Government observance of human rights did not significantlyadvance in 1994. To control the political arena, theGovernment continued to deny registration to political partiesand some other social groups, which legally may not functionuntil they are duly registered. It continued to suppressunregistered opposition parties and movements and severelylimited distribution of opposition literature. It continued toban unsanctioned meetings and demonstrations. Security forcesdetained or arrested opposition activists on false charges,particularly in the early part of the year. Police often beatcriminal suspects and detainees. Although the Constitutionexpressly prohibits it, press censorship continued, and freedomof expression was constrained by an atmosphere of repressionwhich made it difficult to criticize the Government publicly.There continues to be significant discrimination and violenceagainst women.RESPECT FOR HUMAN RIGHTSSection 1 Respect for Integrity of the Person, Including Freedom from: a. Political and Extrajudicial KillingThere were no reports of political or extrajudicial killings. b. DisappearanceThere are no known cases of abductions by official forces orpolitically motivated disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere were credible reports that police often beat criminalsuspects while taking them into custody or in the periodbetween arrest and trial. Birlik (Unity) movement leader PulatAkhunov was beaten during incarceration, and he stated that theprison administration frequently placed him in solitaryconfinement. Atanazar Aripov, an Erk (Freedom) Party leader,stated that he was kept in solitary confinement for most of thetime he was in prison.Prison conditions are inadequate and worse for male than forfemale prisoners, with severe overcrowding. Politicalprisoners are often not allowed visitors or any other directform of contact with family and friends. The families ofAtanazar Aripov and Erk member Salavat Umarzakov, twodefendants in the Melli Majlis (alternative parliament)political trial in 1993 who were imprisoned in 1994 after theirsuspended sentences were revoked, were unable to meet orcommunicate with them until their release from prison. The sixErk Party activists being tried for the distribution of bannednewspapers were only released from the basement of NSSheadquarters and permitted to see their relatives during courtsessions. d. Arbitrary Arrest, Detention, or ExileLaws on detention have not changed since independence.According to the law, police may hold a person suspected ofcommitting a crime for up to 3 days. At the end of thisperiod, the suspect must be either officially charged orreleased. A procurator's order is required for arrests but notfor detentions. A court case must be scheduled within 15 daysof the arrest, and the defendant may be detained during thisperiod. A defendant may not have access to counsel while indetention but only after formal arrest.The legal provision permitting detention without the filing ofcharges led to several cases in which opposition figures weredetained for questioning and then released without prosecution.The Government used this provision to harass and restrict theactions of opposition figures. For example, during the June2-4 visit to Uzbekistan by U.S. Senator Arlen Specter, fouropposition activists were detained to prevent them from meetinghim. They were released following his departure.In some cases, opposition figures were arrested on falsecharges for offenses unrelated to their criticism of governmentpolicy, such as drug possession, weapons possession, ordisorderliness. Vasilya Inoyatova, one of the three activistsheld in jail to prevent their attendance at a human rightsconference in Almaty, Kazakhstan, in May, was retroactivelycharged with insulting a policeman. Mikhail Ardzinov, anotheractivist held, was charged with hooliganism. MamadanMakhmudov, Uzbek writer and friend of Erk leader MohammedSolikh, was arrested for possessing a pistol believed plantedby police. Makhmudov was also charged with narcoticspossession, abuse of government position and misappropriationof government funds. Nasrullah Saidov, Erk secretary inBukhara, was arrested for possessing a grenade reportedly foundamong his children's clothing, as well as Erk newspapers. Erkactivist Saparboy Bekchanov was convicted in February forallegedly stealing a rare coin to finance Erk. Nosir Zokir,Erk chairman of the Namangan region, and Atmatkhan Turakhanov,Erk chairman of the city of Namangan, were arrested on chargesof possessing weapons and drugs. e. Denial of Fair Public TrialUnder the Constitution, the President appoints all judges for10-year terms. They may be removed for crimes or failure tofulfill their obligations. Power to remove judges for failureto fulfill their obligations rests with the President, exceptfor Supreme Court judges, whose removal must also be confirmedby Parliament. No judges are known to have been removed forpolitical reasons. In political cases, government directioninfluences the judiciary.Uzbekistan still uses the Soviet judiciary system whichfeatures trial by a panel of three judges: one professionaljudge and two "people's assessors" who are chosen by theworkers' collectives for a period of 2 1/2 years. Theprofessional judge presides and directs the proceedings.There is a three-tier court system: the people's court on thedistrict level, the regional courts, and the Supreme Court.District court decisions may be appealed to the next higherlevel within 10 days of the ruling. The new draft criminalcode reduces the list of crimes punishable by death to murder,espionage, and treason, eliminating the economic crimespunishable by death in the former Soviet code. Officially andin recent practice, most court cases are open to the public butmay be closed in exceptional cases, such as those involvingstate secrets, rape, or young defendants. When the probationsof Aripov and Umarzakov were revoked, there were no observerspresent. Aripov's family did not know the exact grounds forthe revocation of his probation until he was released 8 monthslater.Defendants have the right to attend the proceedings, confrontwitnesses, and present evidence. The State will provide alawyer without charge, but by law the accused has the right tohire an attorney. In some political cases, the defendants havenot had access to lawyers. For example, when the suspendedsentences of Atanazar Aripov and Salavat Muradov were revoked,they did not have the opportunity to hire a lawyer to assist intheir defense.Detainees deemed not to be violent may be released on their ownrecognizance pending trial. No money need be posted as bond,but in such cases the accused must usually sign a pledge not toleave the city.The Government denies that there are any political prisoners inUzbekistan. However, by all evidence, the Government does holdpolitical prisoners. Several opposition members are being heldfor "antigovernment activities" (distributing Erk newspapers).In the cases of Makhmudov, Saidov, Bekchanov, and Turakhanov,the evidence strongly suggests that they are politicalprisoners (see Section l.d.). Aripov and Zokir were held undersimilar charges until their release by presidential decree inNovember. In addition, Pulat Akhunov and Erk chairman in theFergana region Inamjan Tursunov are opposition activists whowere released by the same presidential decree from sentencesimposed in 1992 under similar circumstances. There is notenough reliable information available to determine whetherother prisoners are jailed for political offenses. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceBy law, search warrants issued by a procurator are required.There is no provision for judicial review of search warrants.There does not appear to be a legal mechanism for authorizingtelephone tapping or monitoring. Security agencies nonethelessmonitor telephone calls, and there is evidence that they employsurveillance and wiretap telephones in the cases of personsinvolved in opposition political activities. Certain high-profile opposition activists were the subject of very visiblesurveillance, including round-the-clock police monitoring ofall movements.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressFreedom of speech remained severely limited. The fear ofexpressing views critical of the President and the Governmentpersisted as the Government continued its general crackdown onall forms of opposition. A February 15, 1991, law (beforeindependence) against "offending the honor and dignity of thePresident" limits the ability to criticize the President.Although the Constitution prohibits censorship, it is widelypracticed, and the Government tolerates little, if any,criticism of its actions. Newspapers may not be printedwithout the censor's approval. Journalists and writers whowant to ensure that their work is published report that theypractice self-censorship.The Uzbekistan Information Agency cooperates closely with thepresidential staff to prepare and distribute all officiallysanctioned news and information. Press reports from Moscow andUzbekistan media sources allege that the presidential staff hasadvised newspaper editors in chief to limit strictly theircontact with American and some European diplomats. Nearly allof Uzbekistan's newspapers are government owned and controlled;the key papers are organs of government ministries. Stateenterprises control the printing presses.The last opposition newspaper to be published was the paper ofthe Erk Party. In January 1993, the newspaper was banned andhas not been published in Uzbekistan since then. Attempts tosmuggle in copies of the newspaper from outside the countryresulted in several arrests and confiscation of thenewspapers. On March 3, following a nationwide search of thehomes of Erk activists, eight members of the Erk presidium werearrested on charges of distributing antigovernment literaturewhen copies of banned Erk newspapers were found in theirhomes. Ismail Adylov and a companion were arrested forpossession of Erk newspapers on August 4 in Tashkent. Birlikleader Vasilya Inoyatova was charged in the same incident foraccepting the newspapers.The Government forbade the distribution of foreign newspaperscritical of Uzbekistan. The publication of the local editionsof Izvestia and Pravda and the sale of the Moscow editionsremained suspended throughout 1994. All newspapers, magazines,and weeklies have to be registered, a procedure which includesproviding information about the sources of funding, means ofdistribution, founders, and sponsors. A resolution of theCabinet of Ministers banned private persons and journalists'collectives were banned from founding newspapers or magazines.Foreign correspondents based in Tashkent reported that thesecurity services harassed and threatened their translators andother employees after the correspondents posed questions atgovernment press conferences and published articles abroadwhich displeased the Government. In October the Governmentrefused to renew the accreditation of Steven Le Vine, afree-lance journalist for several U.S. publications and one ofthe few foreign journalists in Uzbekistan, reportedly becauseof articles he wrote critical of the President and of theGovernment's human rights record.Television broadcasting is state controlled. Although thereare local stations in various regions, nationwide programmingis carried on two state-run channels that fully support theGovernment and its policies. Through an agreement with Russia,two Moscow channels were broadcast as well. The Russianchannels were Ostankino and Russian Television (RossiskayaTelevideniya). In 1994 the Government canceled the latterchannel, and shortened the broadcast hours of the Ostankinochannel full-time to only evening broadcasts. Its newsbroadcasts are blacked out when they are critical of the UzbekGovernment. Radio Liberty, the Voice of America, and theBritish Broadcasting Corporation are among the few sources ofuncontrolled news, although there have been unconfirmed reportsthat the Government occasionally interferes with Radio Libertybroadcasts.There are no private publishing houses, and government approvalis required for all publications. In an attempt to circumventthe requirements of state-controlled publishing, Erk partysupporters attempted to smuggle in a pamphlet of its leader'sspeeches as well as its newspaper.Political repression enveloped academia as well. In MarchTashkent State University expelled three students from thejournalism department after they questioned the Government'spress treatment of Erk leader Mohammed Solikh. In addition, itclosed the department of journalism and folded a few of itsfunctions into the Uzbek philology department. However, inNovember the journalism department was reinstituted. Also, thethree students expelled in the spring reentered the Universityin the fall semester without incident. In Samarkand theGovernment unsuccessfully attempted to have local Erk leaderSuleiman Muratov fired from his teaching job after a policesearch discovered copies of the banned Erk newspaper at hishouse. The Government has not allowed independent academicinstitutions to register. b. Freedom of Peaceful Assembly and AssociationThe 1992 Constitution states that the authorities have theright to suspend or ban rallies, meetings, and demonstrationson security grounds. The Government must sanctiondemonstrations and does not routinely grant this permission.After cordons of militia prevented attempts to holdunsanctioned demonstrations in 1992, the opposition made noattempts to hold public meetings during 1993 or 1994.The Government also limited the exercise of freedom ofassociation by refusing to register opposition politicalparties and movements. The Constitution provides no generalguarantees of freedom of association; it places broadlimitations on the types of groups that may form and requiresthat all organizations be formally registered with theGovernment. The Government frequently and seemingly withoutlegal basis denies such registration to groups in any wayopposed to the established order. To be considered a publicassociation, organizations must be registered in accordancewith the procedure prescribed by law.To register, a party must submit a list of at least 3,000members and meet other requirements, such as providing anofficial address. Government control over buildings and officespace limits the ability of unofficial groups to obtain anofficial address. The Government has repeatedly denied theBirlik movement permission to register as a party, firstclaiming irregularities on its membership list, thencomplaining about the group's name, and finally noting its lackof an official address.A 1993 Cabinet of Ministers decree required all publicorganizations and political parties officially registered inUzbekistan to reregister by October 1, 1993, or be suspended.This decree provided a quasi-legal mechanism for theelimination of various organizations that were alreadyregistered. The mainstream PDP and Fatherland Progress Partyapplied for and quickly received their reregistration. The ErkParty did not submit papers, holding that the decree wasunconstitutional as only the Supreme Court has the right towithdraw registration. The Government considers both the ErkParty and the Birlik movement to have officially lost theirregistration in 1993 because they failed to meet therequirements of the 1993 decree.Nonpolitical associations and social organizations usually donot encounter comparable difficulties in registering, and thenumber of such groups expanded in 1994. Some evangelicalchurches and several foreign humanitarian assistance groupsfound it difficult to obtain registration or reregistration. c. Freedom of Religionthe Constitution provides for freedom of religion and for theprinciple of separation of religion and state. After theenforced atheism of the Soviet period, religious communitiesare experiencing a significant revival. Religious education isbecoming more widespread, although it is not included in stateschools.While Islam is the religion of the majority, ethnic minoritiesmay also practice their religion in relative freedom.Synagogues for the Jewish community are openly functioning;Hebrew education (long banned under the Soviets), Jewishcultural events, and the publication of a community newspapertake place undisturbed. Churches have been returned to theirethnic communities and openly function within them.However, tensions arise when churches attempt to convert acrossethnic lines, especially when they attempt to convert membersof generally Muslim ethnic groups to Christianity.Although distribution of religious literature is legal inUzbekistan, missionary activity and proselytizing is not. Oneevangelical church, Word of Faith, lost its registration forconducting missionary activities, and all churches are underpressure not to evangelize among Uzbeks. In reaction toantimissionary sentiments, for a short period of time in thesummer of 1994 the Tashkent city government stopped allowingchurches to rent its property, specifically auditoriums andother gathering places.The Constitution and a December 1991 amendment to the law onpolitical parties ban those of a religious nature. Thisprinciple is cited for denying registration to religiousparties, including the Islamic Renaissance Party.Fearing the destabilizing influence of extremist Islamicforces, the Government has tried to temper the extent of thisspiritual renaissance by controlling the Islamic hierarchy, thecontent of imams' sermons, and the extent and substance ofIslamic materials published in Uzbekistan. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution provides for free movement within the countryand across its borders. In January 1995, the Government beganto issue new passports to everyone over age 16, which willreplace the old system of separate internal and externalpassports. In addition, Uzbekistan has greatly simplified theprocess of obtaining exit visas, which will be valid for aperiod of 2 years and will no longer require invitations.Prior to this, foreign travel was restricted by difficulties inobtaining an external passport and by a law that required anexit visa for each trip based on an invitation. Governmentauthorities frequently withheld exit visas when they did notapprove of the purpose of the travel. Those who left withoutan exit visa could be subject to severe penalties upon return.Most barriers to emigration were lifted before the Sovietbreakup. Although in some instances emigrants are delayed bylong waits for passports and exit visas, potential emigrantswho can find a host country willing to accept them are able toleave the country. Since independence, a significant number ofnon-Uzbeks, including Russians, Jews, Ukrainians, and others,have emigrated, although no exact figures are available. Thesepeople have not left because of any systematic human rightsabuses but rather because of what they fear will be limitedfuture economic and social prospects for non-Uzbeks.Emigration increased markedly in 1993 but remained steady in1994.The travel of local citizens within Uzbekistan is notcontrolled, unlike travel by foreigners, includingjournalists. Foreign visitors must have each city they wish tovisit noted in their visas. Travel to some sensitive areas ofthe country, particularly the environmentally degraded Aral Searegion and the Fergana valley, is controlled even morecarefully; requests for travel to these areas are turned downin some cases. Even travel to nonsensitive tourist areas isunnecessarily complicated by internal visa requirements, andtourists seeking to check into hotels without the appropriateinternal visa often find themselves having to pay fines orbribes to the visa police first. Due to agreements betweentheir countries and Uzbekistan, citizens of France, Germany,the United Kingdom, and the Republic of Korea receive visasvalid for travel throughout Uzbekistan.The law on citizenship stipulates that citizens do not losetheir citizenship if they reside overseas. However, sinceUzbekistan does not provide for dual citizenship, thoseacquiring the citizenship of other countries will lose theircitizenship in Uzbekistan. If they return to Uzbekistan asforeign citizens, they are subject to foreign visaregulations. There is no evidence that anyone was deniedpermission to return.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens cannot exercise their right to change their governmentthrough peaceful and democratic means. Government measuresseverely repress opposition groups and individuals and applyharsh limits on freedom of expression.The Government's professed desire to create a multipartydemocracy is belied by its actions. Due to the deregistrationof the one opposition party and the one opposition movement in1993, there were no opposition parties legally active in 1994.An across-the-board crackdown on actual and potentialopposition groups and individuals continued so that by the endof the year few people were willing to challenge theGovernment's grip on power or even criticize it. On May 27,there was a explosion at the residence of HamidullaNurmukhamedov, an activist of the Erk Party. No one wasinjured, but substantial property damage occurred.Only the two political parties linked to President Karimovparticipated in Uzbekistan's first postindependenceparliamentary elections on December 25. Independent candidatesrepresenting local governments won the majority of the 250seats. Most of these candidates were also affiliated with thePDP but were opposed by PDP-sponsored candidates. All personswishing to vote apparently were able to do so and to choosefrom among the available candidates. However, not allpolitical parties were able to register and offer candidates.In addition, the practice of one person voting for multiplefamily members appeared widespread.Uzbekistan is ruled by a highly centralized presidency,comprising the President and a small inner circle of advisersand senior government officials. President Karimov, formerlythe first secretary of the Communist Party of Uzbekistan underSoviet rule, was elected in a limited multicandidate electionin 1991. That election was marred by government control of themedia but Erk opposition candidate Mohammed Solikh was able tocompete and won 12.7 percent of the vote.The President is the chairman of the People's Democratic Partyof Uzbekistan, the country's largest party. Most governmentofficials are also members of the PDP, although it does notplay the leading role in governance or cadre selection that wasplayed by the Communist Party during the Soviet period. Thereis currently only one other legally registered party, theFatherland Progress Party. Other political groups such asBirlik, the People's Movement of Turkestan, and the IslamicRenaissance Party have been denied permission to register asparties. The Erk Party lost its registration in 1993 when theGovernment required all parties to reregister.The Fatherland Progress Party was created as a loyal"constructive opposition" party in June 1992. Its existenceprovides the appearance of a multiparty system. The party isheaded by a presidential adviser, Shafkiddin Juraev, andsupports the President politically. The party claims aplatform that differs from that of the PDP in that it seeksmore rapid economic reform and development of conditionsfavorable to businessmen, but the difference is insignificant.Although women participate much less than men in government andpolitics, there are several female parliamentary deputies.</text>
</content>
<name>Uzbekistan </name>
<script></script>
</card>
card_74780.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: URUGUAY HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 URUGUAYUruguay is a constitutional republic with an elected president, a bicameral legislature, and an independent judicial branch. Former President Julio Maria Sanguinetti won a narrow victory on November 27, the third election following the end of the military government. He will replace President Luis Alberto Lacalle on March 1, 1995.The Interior Ministry administers the country's police departments and the prison system and is responsible for domestic security and public safety matters. Elements of the police continue to be responsible for human rights abuses.The economy is a mixture of private enterprise and state entities and is heavily dependent on agricultural exports and agroindustry. Private property rights are respected. The economy grew by an estimated 4 percent in 1994; per capita gross domestic product was approximately $4,750.The principal human rights problems continue to be police abuse and maltreatment of prisoners. After some improvement in 1993, prison conditions deteriorated, and the lack of professionalism in police ranks remains a problem. Levels of violence against women remain high, and neither police nor judicial authorities deal with it effectively. Societal discrimination against the small black minority is also a problem.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of politically motivated killings.In August, after a government decision to extradite three alleged members of the Spanish Basque terrorist group ETA, Uruguayan sympathizers demonstrated in support of the three's claim to asylum. When police tried to break up groups of demonstrators, violent clashes errupted. One demonstrator was killed, another 60 were injured; about 30 policemen were injured, 1 of them seriously. In spite of initial reports to the contrary, it appears that most of the gunshots came from the police. Leftist political groups and Amnesty International accused the police of using excessive force, and the Government assigned a judge to conduct a full investigation. The final report of the investigation is due to be released in February of 1995. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution prohibits brutal treatment of prisoners, but elements of the police continue to commit such abuses. Human rights monitors assert that many cases of abuse go unreported, hence the problem may be more serious than it appears. The judicial and parliamentary branches of government are responsible for investigating specific allegations of abuse. The authorities charged several police officers with mistreatment of prisoners or abuse of their office, including one case involving a disabled person who committed suicide in his jail cell. However, as progress on these cases is often slow or nonexistent, the courts seldom convicted and punished police for such abuse.Conditions in prisons and juvenile detention facilities remained poor, but not life-threatening. In March the Parliament's human rights committee reported that "lack of medical assistance, deficient nutrition, overcrowding, enforced idleness, mistreatment on the part of guards, alcohol, drugs, and corruption" made the country's largest prison "uninhabitable." In June the prisoners rioted and effectively destroyed the physical plant of the Libertad prison. The authorities transferred the 900 prisoners housed there to other facilities, which only worsened the already overcrowded conditions at the other prisons. Prison escapes, attempted escapes, physical deterioration of facilities, and other problems increased. d. Arbitrary Arrest, Detention, or ExileThe Constitution requires the police to have a written warrant issued by a judge before they can make an arrest. The only exception is when the police apprehend a suspect during commission of a crime. The Constitution also provides the accused with the right to a judicial determination of the legality of detention and requires that the detaining authority explain the legal grounds for the detention. Police may hold a detainee incommunicado for 24 hours before presenting the case to a judge, at which time the detainee has the right to counsel. If the detainee cannot afford a lawyer, the courts appoint a public defender. The judicial process must begin within 48 hours; failure to comply has led to the release of accused persons. If the crime carries a penalty of at least 2 years in prison, the accused person is confined during the judge's investigation of the charges unless the authorities agree to release the person on bail, or until the case is closed. The authorities generally respect these constitutional provisions in practice.Forced exile is not practiced. e. Denial of Fair Public TrialThe Constitution provides for an independent judiciary, headed by a Supreme Court, which supervises the work of the lower courts. There is a parallel military court system that operates under a military justice code. Two military justices sit on the Supreme Court but participate only in cases involving the military. Military justice applies to civilians only during a state of war or insurrection. The Government respects the independence of the judiciary.The prosecutor or the complainant must open all criminal trials with a public statement of the charges. Trial proceedings were formerly based on written arguments, which were not normally made public, but the defense attorney had access to all documents that formed part of the written record. The legal process is now more open and transparent as a result of oral argument, introduced in 1990, and now increasingly used throughout the system. There is no legal provision against self-incrimination, and a judge may compel the defendant to answer any questions the judge poses. The defense attorney or prosecutor may appeal convictions to a higher court which may acquit the person of the crime, confirm the conviction, or reduce or increase the sentence.There are no political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution provides for the right to privacy. It states that the home is absolutely inviolable at night and may be entered and searched only with a judicial warrant and only during the day. It provides equally strong protection for private papers and correspondence, and requires a warrant for confiscation. The authorities generally respect these rights and safeguards in practice.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and press, but the authorities may abridge these rights if persons are deemed to be inciting violence or "insulting the nation" (see below).All elements of the political spectrum freely express their viewpoints in both the print and broadcast media. Montevideo alone has 8 daily newspapers and 6 important weeklies; there are also approximately 100 weekly and a few daily newspapers throughout the country. Montevideo has one government-affiliated and three commercial television stations. There are about 110 radio stations and 20 television stations in the country.A 1989 law stipulates that expression and communication of thoughts and opinions are free, within the limits contained in the Constitution and the law, and outlines methods of responding to "inexact or aggravating information." The law calls for 3 months' to 2 years' imprisonment for "knowingly divulging false news that causes a grave disturbance to the public peace or a grave prejudice to economic interests of the State" or for "insulting the nation, the State, or their powers." The authorities use this law intermittently to set and enforce certain limits on freedom of the press. After the August demonstration in support of the alleged ETA members, the Government accused two radio stations of inciting the demonstrators to violence. The President revoked the license of a station operated by the Tupamaros--an active urban terrorist group during the 1960's which now functions as a legitimate political faction--and suspended the license of another station for 48 hours.In October a court sentenced a businessman to 12 months in prison (suspended) after he blamed the failure of his business on the President of the country and called the President a "swindler and a thief."The national university is autonomous, and the authorities respect academic freedom. b. Freedom of Peaceful Assembly and AssociationThe law provides for freedom of assembly and association. Groups freely organize and express their opinions. The law requires permits for public marches and demonstrations; the Ministry of the Interior issues permits routinely, and demonstrations generally occur without official harassment or intimidation. c. Freedom of ReligionThe Constitution provides for freedom of religion, and the authorities respect it in practice. Members of all religious groups exercise their faiths unhindered, and missionaries are free to proselytize. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThere are no restrictions on internal and foreign travel or emigration. Uruguayans who left the country during the military regime and wish to return are encouraged to do so.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens have the right and ability peacefully to change their government. Uruguay is a multiparty democracy with mandatory universal suffrage for those 18 years of age or older, and no restrictions regarding race, sex, religion, or economic status. The Colorado Party, the National (Blanco) Party, and the Broad Front coalition are the three major political groupings. Each allows ideological divisions within the party, and each such division may field its own slate of candidates in general elections.In national elections, each party fields different lists of candidates; in essence, voters express a preference for a party and for a list of candidates rather than for an individual candidate. The winning list of the party that receives the most overall votes occupies the Presidency and a proportion of seats in the Senate and Chamber of Deputies corresponding to the percentage of votes that the party received. A party therefore may run multiple presidential candidates, each with his or her own slate of legislative candidates. In the November elections, the Broad Front chose to run only one presidential candidate. This candidate won more popular votes than any other candidate in history. He did not, however, win the presidency, since the Colorado Party's four candidates received more combined votes.Blacks and women face de facto impediments to participation in politics and employment in government. In the outgoing Government, 6 women held seats in the 99-member Parliament; there were no female senators or governors; and only 1 woman headed a public entity. There was one female vice presidential candidate in the 1994 elections, but her candidacy ended when her presidential running mate withdrew before the election. The three women elected to the Senate in 1994 were the first directly-elected females in the upper house (others have served as substitutes). Voters elected another seven women to the lower house of Parliament.About 50 percent of Uruguay's judges are women, but they tend to be assigned to family and civil courts. There are no women on the Supreme Court; women hold only 17 percent of the positions on the second highest court. A few women are found at high levels of the Uruguayan private and public sectors. The Socialist Party requires that one-third of its candidates be women. Women are prominent in many government offices at the middle levels, but they remain largely marginalized from mainstream politics and underrepresented in the highest government and political party offices.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsLocal human rights groups have functioned freely and without restriction since the end of military rule in 1985. The Government has responded to U.N. Human Rights Commission inquiries concerning the military regime period and is open to inquiries from, and does not restrict the activities of, domestic and international human rights monitors.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution and the law prohibit discrimination based on race, sex, religion, language, or social status. Despite these provisions, de facto discrimination based upon sex and race exists. WomenWomen enjoy equality under the law but face a number of forms of discrimination stemming from traditional attitudes and practices. Studies show that the work force remains segregated by gender and race. Women make up almost one-half the work force but tend to be concentrated in lower paying jobs. They make up half the students entering universities and often pursue professional careers but are underrepresented in traditionally male professions.Violence against women continues to be a severe problem; nongovernmental organizations estimate that the actual number of cases is probably 10 times the total reported to police. In 1988 the Interior Ministry created a Women's Division in the police force concerned exclusively with crimes against women. Some women's organizations complain that even these special police are untrained and lack sensitivity to the problems of battered women, and that a woman's ability to make and sustain a complaint often depends on the attitude of the judge.One private shelter for battered women operates in Montevideo. The Government began work on a shelter in 1992, but it has not yet opened. Private women's rights groups offer counseling services, and the Montevideo municipality operates a 24-hour hot line for victims of domestic violence. In August the Education and Culture Minister and the Interior Minister agreed to institute a national program for prevention and treatment of domestic violence, to be administered by the National Institute of Women and the police. ChildrenAlthough the Government is committed to protecting the rights and welfare of children, there continue to be some reports of police abuse of detained minors. Government action to deal with these reports is slow or nonexistent. Approximately 20 percent of the national budget was designated for pre-university education in 1994; in November voters rejected a constitutional referendum requiring that at least 27 percent of the national budget be earmarked for all types of education.A local human rights group estimates that there are approximately 1,400 street children in Montevideo. There are another 70 in the city's juvenile institutions. Early in the year, a judge ordered the closure of Miguelete, the largest male detention center, because of its harsh conditions. The detainees, ranging in age from 14 to 18, were transferred to another facility; they later rioted and destroyed that center. The Government then moved all 53 detainees back to Miguelete, where they remained at the end of the year. The authorities filed charges of mistreatment against two of Miguelete's directors after the riot, but subsequently dropped them, and the accused returned to their duties. Miguelete has no educational, rehabilitation, or recreation facilities. Thirty-two female detainees were housed in another facility, which does have educational and recreation facilities. National/Racial/Ethnic MinoritiesThe country's black minority, approximately 6 percent of the population, or 180,000 people, enjoys equality under the law but faces societal discrimination. A 1993 report put the number of black university graduates at 65, and black professionals at fewer than 50. Blacks are practically unrepresented in the bureaucratic, political, and academic sectors of society. They lack the educational opportunities and social and political connections necessary for entry into these groups. Most citizens do not recognize that discrimination against minorities is a problem, and the Government has not taken action to deal with this problem. People with DisabilitiesThe legislature passed a law covering the rights of the disabled in 1989, but the Government has not implemented it. It does not mandate accessibility to existing buildings or public services for people with disabilities; new public buildings will be required to have such access. The law is mostly declarative, i.e., it does not stipulate specific remedial measures or sanctions for not complying with these measures. The law requires that 4 percent of public sector jobs be reserved for the disabled.Section 6 Worker Rights a. The Right of AssociationThe Constitution states that laws should promote the organization of trade unions and the creation of arbitration bodies. In spite of this provision, there is almost a complete lack of regulation of union activities. Unions traditionally organize and operate free of government regulation. Civil servants, employees of state-run enterprises, and private enterprise workers may join unions. An estimated 12 percent of the work force is unionized. Labor unions are independent of political party control but have traditionally been more closely associated with the Broad Front, the leftist political coalition.The Constitution also provides workers with the right to strike, and there was significant strike activity during the year. The Government may legally compel workers to work during a strike if their work is considered an essential service. An essential service is defined as one whose interruption "could cause a grave prejudice or risk, provoking suffering to part or all of the society."There are no restrictions on a union's right to form confederations or affiliate with international trade union bodies, but the only union confederation is by choice not officially affiliated with any of the world federations. Some individual unions are affiliated with international trade secretariats. b. The Right to Organize and Bargain CollectivelyCollective bargaining between companies and their unions determines most private sector salaries. The executive branch, acting independently or through tripartite salary councils it convokes, determines public sector salaries. In December 1993, the Ministry of Labor and the public service unions signed an agreement indexing salary increases to inflation which covers most public service employees until March 1995; this resulted in less strike activity in the public sector.There are no laws prohibiting antiunion discrimination; however, a 1993 executive decree established fines for employees engaging in antiunion activities. The law does not require employers to reinstate workers fired for union activities. However, in cases of legal challenges by union activists, courts tend to impose indemnization higher than the normal payment for dismissed workers.While no institutionalized mechanism exists for resolving workers' complaints against employers, the law generally prohibits discrimination by employers, including arbitrary dismissals for union activity. The International Labor Organization (ILO), in a 1992 decision, noted the lack of statutory provisions in this area, and said that the current system of protection against antiunion practices does not infringe ILO Convention 98 on the right to organize and bargain collectively, but "could be improved in so far as accelerating the procedure."All labor legislation fully covers workers employed in Uruguay's five special export zones. There are no unions in any of these zones, but there are as yet relatively few workers in traditionally organizable occupations. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits forced or compulsory labor, and there is no evidence of its existence. d. Minimum Age for Employment of ChildrenThe Child Labor Code protects children; violations are punishable by fines of up to $500. The Ministry of Labor is responsible for enforcing the code, and illegal child labor is not a problem. The law generally does not permit children under 15 years of age to work, but 12-year-olds may be employed if they have a special permit. Children under the age of 18 may not perform dangerous, fatiguing, or night work. Controls over salaries and hours for children are more strict than those for adults. Children over the age of 16 may sue in court for payment of wages, and children have the legal right to dispose of their own income. However, many children work as street vendors in the expanding informal sector or in the agrarian sector; they are generally less strictly regulated and receive lower pay. e. Acceptable Conditions of WorkA legislated minimum monthly wage, adjusted and enforced by the Ministry of Labor, is in effect. The minimum wage is adjusted whenever public sector wages are adjusted, usually once every 4 months. The minimum wage was about $84 (475 pesos) per month at the end of the year. It functions more as an index for calculating wage rates than as a true measure of minimum subsistence levels, and does not provide a decent standard of living for a worker and family.The standard workweek is 48 hours in industry and 44 hours in commerce, with a 36-hour break each week. The law stipulates that industrial workers receive overtime compensation for work in excess of 48 hours and that workers are entitled to 20 days of paid vacation after a year of employment.The Ministry of Labor and Social Security enforces legislation regulating health and safety conditions in a generally effective manner. Some labor regulations cover urban industrial workers more adequately than rural and agricultural workers. After several serious accidents and work stoppages to protest the lack of safety standards in the construction industry, the Ministry initiated a public service campaign, with newspaper and television announcements, urging better workplace safety practices.</text>
</content>
<name>Uruguay </name>
<script></script>
</card>
card_74571.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATESection 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe many nongovernmental human rights organizations operatewith no government interference. In 1973 the Governmentestablished a Standing Advisory Commission on Human Rights tomonitor human rights in Northern Ireland; but the Governmenthas declined to adopt many of its recommendations.A number of international nongovernmental human rightsorganizations, including Amnesty International, are based inthe United Kingdom. The Government cooperates fully withinternational inquiries into alleged violations of human rights.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusBritish laws prohibit discrimination on the basis of race,color, nationality, or national or ethnic origin, and outlawsincitement to racial hatred; except that racial discriminationis not specifically outlawed in Northern Ireland. TheGovernment respects all the anti-discrimination laws. In 1991the Prime Minister announced that sexual orientation would notlonger be a bar to receiving a security clearance, but theMinistry of Defense has continued to dismiss male and femalehomosexual members of the armed services on grounds of"incompatibility with the military services"; some 75 have beenadministratively discharged every year on the basis ofinformation obtained in routine investigations by the SpecialInvestigations Bureau. WomenThe law provides for equal opportunity as between the sexes.An Equal Opportunities Commission (EOC) supports persons whobring discrimination cases before industrial tribunals andcourts, and it produces guidelines on good practice foremployers. Employed women throughout the UK earnedapproximately 25 percent less than their male counterparts incomparable positions.Although the UK has no written law specifically prohibitingsexual harassment, the common law recognizes it as a validclaim for unfair dismissal. In August a court convicted anemployer of sexual harassment and two counts of sexual assault,sentenced him to 18 months in prison, and awarded the victim arecord $53,720 (34,000 pounds).The 1975 Sex Discrimination Act as amended in 1986 prohibitsindirect as well as direct discrimination in employment,training, education, housing, and provision of goods andservices. Industrial tribunals in 1994 ruled that the Ministryof Defense had acted improperly in having required pregnantsoldiers, prior to a 1990 change in regulations, to quit or bedischarged. The tribunals awarded the plaintiffs substantialdamages, the highest exceeding $460,000 (300,000 pounds); acourt later ruled that some of the awards had been excessive.Women have equal rights regarding property and divorce.Statistical and other evidence indicates that most victims ofviolence are women. The law provides for injunctive relief,personal protection orders, and exclusion orders. TheGovernment provides shelters, counseling, and other assistancefor victims of battery or rape, and it offers free legal aid tobattered women who are economically reliant upon their abuser.It actively prosecutes perpetrators of domestic violence, andthe law provides for their imprisonment. The courts have heldthat nonconsensual marital sex can constitute a criminaloffense. In 1994 London municipal authorities launched a "zerotolerance campaign" to raise public awareness of the extent ofdomestic violence, promote legislative change, and provideadequate support to battered women and their children. ChildrenWhile there are no reliable data on child abuse, indicationsare that it is a problem in the United Kingdom.Various laws covering England and Wales stipulate that childrenhave the right to apply for court orders, to give or withholdconsent for medical treatment (for those capable of making aninformed decision), to make complaints to the relevant localauthority, to have their ethnic, linguistic, and religiousbackground considered in decisions affecting them, to havereasonable contact with their family (usually applied in acircumstance where there has been abuse), and in general to beconsulted regarding their desires. National/Racial/Ethnic MinoritiesThe Secretary of State for Northern Ireland has undertaken toinvestigate possibilities for legislation that specificallyoutlaws racial discrimination in that province; such a lawwould fill the sole gap in the United Kingdom's legislatedprohibitions of discrimination based on race, color,nationality, or national or ethnic origin. The Secretary alsohas undertaken to determine what more the Provincial Governmentshould do to promote equal treatment of ethnic groups.A government-appointed but independent Commission for RacialEquality (CRE) provides guidelines on good practice, supportspersons taking court action under the Race Relations Act of1976, and may initiate its own court action. Afterinvestigating a complaint, the CRE may issue a notice requiringthat the discrimination be stopped. The CRE monitors theresponse to such a notice for 5 years. In June the CRElaunched a campaign, "Uniting Britain for a Just Society," tochange attitudes throughout the Kingdom so as to make racialdiscrimination socially unacceptable.Although the law prohibits discrimination based on race,persons of African or South Asian origin face substantialunofficial discrimination. An inquiry conducted by the Councilfor Legal Education, a nongovernmental organization, found thatracial discrimination by barristers was a key factor in thehigh failure rate among black students attempting to qualifyfor the bar; the report recommended a series of reforms.Several studies showed that ethnic minorities were less likelyto obtain jobs and mortgages and more likely to live inovercrowded housing than were whites. Members of Asian orAfrican minorities were also the targets of racial insults andoccasional "skinhead" violence.Police recorded over 9,000 racial incidents in England andWales alone in 1993 (latest data), and a government report inMarch estimated that, nationwide, the total includingunreported incidents was some 130,000 in 1993, which was doublethe 1989 figure. The great majority involved verbal abuse, butthere were also incidents of violence by skinheads.In London's East End in early 1994, a series of nine apparentlyracially motivated beatings of Asians by white males wasfollowed by two killings, by Asians, of white youths--a13-year-old in February and a 12-year-old in August. In thefirst beating incident, police succeeded in promptlyidentifying and arresting 5 of the 20 to 30 perpetrators. Religious MinoritiesAlthough discrimination in employment on the grounds ofreligious belief has been unlawful since 1976, it has continuedto occur in Northern Ireland, including at times by localgovernments. While active recruitment of Catholics to theCivil Service has produced rough proportionality in overallnumbers, in 1992 the Northern Ireland Civil Serviceacknowledged that Catholics remained significantlyunderrepresented in the senior grades, and in November 1993 itdeclared its intention to overcome this imbalance.For a variety of historical and social reasons, the Protestantcommunity controls much of the local economy in NorthernIreland, and anti-Catholic discrimination persists in theprivate sector there. Despite government efforts, theunemployment rate there for Catholic men in 1994 remained 2 1/2times that for Protestant men. Government efforts to increaserecruitment of Catholics into the police force and relatedsecurity fields in the province have been hampered byProvisional IRA assassinations and death threats, as well aswidespread antipathy there to the security forces.The 1989 Fair Employment (Northern Ireland) Act as amended aimsto end even unintentional or indirect discrimination in theworkplace. A Fair Employment Tribunal adjudicates complaints.All public-sector employers, and all private firms with over 10workers, must report annually to the Fair Employment Commissionon the religious composition of their work force, and mustreview their employment practices at least once every 3 years.Noncompliers face criminal penalties and loss of governmentcontracts. Victims of employment discrimination may sue fordamages. While critics of the Act have asserted that itstargets and timetables are too imprecise, most leaders of theCatholic community have praised it as a positive step. Still,Catholics hope to strengthen it in 1995, when it is to bereviewed by the Standing Advisory Committee on Human Rights. People with DisabilitiesThe UK does not have one overarching law which addresses therights of disabled people; instead, various pieces oflegislation provide for government assistance in education,mobility, home care, and access to buildings.Access to buildings is improving but inadequate. Manybuildings are so old that they do not have elevators. Since1985, government regulations have required that all newbuildings meet the access requirements of all persons withimpaired mobility. In June 1992 the Government effectedsimilar regulations for sensory-impaired persons.Government regulations mandate that by 2000 all taxis beaccessible to wheelchairs.A Civil Rights (Disabled Persons) Bill, with provisions similarto those in the laws against discrimination based on race orsex, was defeated in Parliament due to concerns that its costto businesses would be prohibitive.Section 6 Worker Rights a. The Right of AssociationWorkers have the right to form and join unions, and theGovernment fully respects this. Unions participate freely ininternational organizations.Unions are free of government control. Like employers'associations, they must have their accounts certified by theGovernment. Senior union officers must be elected by secretballot. The law mandates secret ballots before a strike call;prohibits unions from disciplining members who reject a legalstrike call; and allows members to lodge complaints againsttheir union with a government-appointed commissioner.There is no specific statutory "right to strike" in the UK.Voluntary cessation of work may be considered a breach ofcontract. A system of legal immunities from prosecution forunions engaged in lawful industrial action was narrowed by actsof Parliament in the 1980's. These acts exclude secondarystrikes and actions judged to have political motives; unionsencouraging such strikes are subject to fines and seizure oftheir assets. The legislation also restricts the ability ofunions to act against subsidiaries of prime employers with whomthey are in dispute when the subsidiaries are not party to thedispute and are the employers of record.In September 1993 the Council of Europe (COE) determined thatBritish labor law violated the European Social Charter bypermitting an employer to dismiss all employees who take partin a strike and then, after 3 months, to rehire themselectively. The COE requested the British Government tonotify the COE of the measures to be taken to remedy thisdefect, but the Government has not done so, as it has opted outof the Charter.Legislation in 1978 and 1990 made it illegal to deny employmenton the ground the applicant is not a union member. The TradeUnion Reform and Employment Rights Act of 1993 abolished theWage Councils; set new procedural requirements for unionstrikes, dues collection, and membership rules; and made itpossible for private citizens, when deprived of goods orservices due to strike action, to seek damages and to obtainassistance for this from the Government. An amendment reversesa court ruling that had banned employers from offering workersfinancial inducements to give up trade union representation.The Trade Unions Congress (TUC) in 1993 lodged complaints withthe International Labor Organization (ILO) on variousprovisions of the 1993 Act (see b., next); by year's end theILO had not completed consideration of these complaints. b. The Right to Organize and Bargain CollectivelyAlthough there is no legal obligation for employers to bargainwith workers' representatives, and labor-management contractsare not enforceable in the courts, collective bargaining islongstanding and widespread, covering about 40 percent of thework force.The 1993 Act cited above abolished the Mediation Service'smandate to promote collective bargaining; this was the subjectof another TUC complaint to the ILO.Workers who believe themselves victims of antiuniondiscrimination may seek redress through industrial tribunals.Remedies available include payment of indemnities andreinstatement.Contrary to ILO Convention 98, on the right to organize andbargain collectively, it is lawful for employers or others tocirculate blacklists of union members seeking employment. InMay 1993 the ILO concluded that the British Government isobliged to protect union members from such discrimination, butthe Government has not responded to this.Export processing zones do not exist. c. Prohibition of Forced or Compulsory LaborForced or compulsory labor is prohibited and is not practiced. d. Minimum Age for Employment of ChildrenSchool attendance until the age of 16 is compulsory. Childrenunder age 16 are not permitted to work in an industrialenterprise except as part of an educational course. e. Acceptable Conditions of WorkThere is no legislated minimum wage. The Trade Union Reformand Employment Rights Act of 1993 abolished the wage councilsystem, which prior to September 1993 had established minimumhourly wages and overtime rates for adult workers in 26low-wage industries. The United Kingdom has no legislationlimiting daily or weekly working hours.The Health and Safety at Work Act of 1974 requires that thehealth and safety of employees not be placed at risk. A Healthand Safety Commission effectively enforces regulations on thesematters, and may initiate criminal proceedings. Workers'representatives actively monitor the enforcement.</text>
</content>
<name> </name>
<script></script>
</card>
card_74481.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND*The United Kingdom of Great Britain and Northern Ireland (UK)is a constitutional monarchy with a democratic, parliamentarygovernment elected in periodic, multiparty elections. Humanand civil rights are recognized by statute and by strongly-heldtraditions, but there is no written constitution. The legalsystem treats human rights as assumed unless limited by statute.Throughout the United Kingdom, civilian police forces areresponsive to, and controlled by, elected officials. InNorthern Ireland, because of terrorist violence, army unitsreinforce the Royal Ulster Constabulary (RUC).The United Kingdom has a highly developed industrial economy.The Government provides comprehensive social welfare services.Terrorist bombings and killings by the illegal ProvisionalIrish Republican Army (Provisional IRA) and other "Republican"(Catholic) and "Loyalist" (Protestant) terrorist groups inNorthern Ireland and Great Britain continued to constitute thegreatest violations of public order. However, on August 31 theProvisional IRA announced a "complete cessation of militaryoperations," and the main Loyalist groups announced a similarcease-fire on October 13. Notwithstanding this, theProvisional IRA continued to engage in vigilante "punishment"attacks on alleged "antisocial elements," and to exile"informers" by force; and one of its local units carried out anarmed robbery in which a participant killed a postal worker.The Government has reacted cautiously to the cease-fire."The troubles" in Northern Ireland during the past 25 yearsalone have taken a heavy toll: over 3,167 people killed,including 296 police and 647 military personnel, and over38,558 injured (1,955 in vigilante "punishment shootings)."Over 9,983 explosions have caused extensive property damage aswell as deaths. In Great Britain, more than 100 people havedied in Provisional IRA attacks during the 25 years. In 1994,as in 1993, no deaths related to the troubles were caused bythe security forces, despite persistent and sometimes lethal(see Section 1.a.) attacks on them by terrorists. Nonetheless,allegations of past use of excessive force by the securityforces continued to be a matter of contention.*A separate report on Hong Kong, a dependent territory of theUnited Kingdom, follows this report.In Northern Ireland, there has been widespread criticism oflaws and procedures governing detention that deny the right toimmediate counsel and that encroach on the right to silence.Also much criticized have been the use of uncorroboratedconfessions and the placement of teenagers in detentionfacilities filled mainly with adults. There continued to beallegations that security forces physically and psychologicallyabused detainees in holding centers.Emergency antiterrorist measures enacted during the past 20years restrict freedom of movement for 69 suspected terroristsand supporters. Also, primarily due to fear of terroristviolence, many Protestant and Catholic communities in NorthernIreland have become segregated, and workers are sometimesreluctant to commute across sectarian borders.Parliament passed a Criminal Justice Act in November that,among other things, extends to Great Britain the encroachmentson the right to silence that have been in effect in NorthernIreland since a 1988 law. This legislation, which has drawnmuch public criticism, enables courts to draw a negativeinference from a suspect's refusal to answer questions undersome circumstances.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political killings by the Government,although a human rights group questioned the police shooting ofan armed robber. In Northern Ireland, 59 persons were killedby terrorists (37 by Loyalists, 22 by Republicans); 6 wereBritish security personnel, killed by the Provisional IRA.The Committee on the Administration of Justice (CAJ), anindependent Northern Ireland organization, has continued toclaim there have been some 340 killings by the security forcesunder disputed circumstances since the current phase of "thetroubles" began in 1968, with criminal prosecutions in only 32cases, and 4 convictions by the end of 1994.During 1994 the Belfast coroner abandoned three inquests into1982 killings by security forces--of three Provisional IRAterrorists, two members of the terrorist Irish NationalLiberation Army (INLA), and one youth, under what criticscharged was a shoot-to-kill policy--after the Governmentrefused on national security grounds to release the findings ofpolice investigations.In the case of three Provisional IRA terrorists killed inGibraltar by UK security forces in 1988, the EuropeanCommission on Human Rights decided the Government did not useunnecessary force, but referred the case to the higher-levelEuropean Court of Human Rights, whose decision is still pending.The trial of a police officer for killing 19-year-old KevinMcGovern concluded with a verdict that the officer had notintended to kill the student.The court trying a soldier in the Royal Irish Regiment, AlanO'Leary, for the 1992 killing of a teenager acquitted him of amurder charge but found him guilty of manslaughter, andsentenced him to 4 years in prison.There were no significant developments in the case of the 1986killing of Patrick Finucane, counsel to many Provisional IRAsuspects. The case remains open.The RUC investigates all killings committed in Northern Irelandby its officers as well as by the Army. The IndependentCommission for Police Complaints (ICPC), established by theGovernment, supervises police investigations. Authorized toreview all complaints, it automatically supervises casesinvolving death or serious injury. It accepts informationprovided by a complainant and by any other sources, as well asthat discovered by the police. The ICPC can advise (but cannotrequire) the Chief Constable to take disciplinary actionagainst police officers.The European Convention on Human Rights stipulates that lethalforce should be used only when "absolutely necessary," whileBritish law calls for it to be "reasonable under thecircumstances." Human rights groups have criticized theBritish standard as deficient, but British courts have ruledthat lethal force may be applied only if there is imminent andunavoidable danger to life. Courts generally assume that apolice officer who aims and fires a weapon intended to causeserious bodily harm; the issue then is whether there wasjustification for such intent. If not, the only applicablecharge is murder, requiring a life sentence; the courts havebeen unwilling to impose such a heavy penalty in borderlinecases. The alternative charge of manslaughter is applicable indeath cases only if there is no intent to cause bodily harm;there have been few convictions on this basis.Human rights organizations have called for the establishment ofan independent public inquiry to investigate allegations ofpolice threats to defense lawyers in Northern Ireland and ofalleged collusion between the security forces and theLoyalists. Amnesty International in February released a reporton political killings in Northern Ireland which included no newinformation but concluded the Government had not "taken adequate stepsto halt collusion." TheGovernment admitted that, while its policy explicitly forbidscollusion, on occasion some soldiers break the rules. Theauthorities charged two British soldiers with passinginformation on Republican activists to Loyalist paramilitaries;the cases are pending.For the third year in a row, Loyalists killed more people thandid the Provisional IRA, although the latter launched a greaternumber of potentially lethal attacks. Loyalists tended to beindiscriminate in shooting suspected Republicans and otherCatholics, while the Provisional IRA tended to target securityforces, known Loyalists, and, in widespread bombings,commercial or security installations. The Provisional IRA alsoabducted, tortured, and murdered a Catholic mother of threewhom it suspected of cooperating with the police. b. DisappearanceThere were no reports of disappearances attributed togovernment forces. Terrorists in Northern Ireland continued toabduct suspected informers, and to hold families hostage duringtheir operations. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentBritish laws forbid torture and other cruel, inhuman, ordegrading treatment. Confessions thus obtained are notadmissible in court, and judges can exclude even voluntaryconfessions. Nonetheless, Helsinki Watch asserted that in theUnited Kingdom, "evidentiary rules in nonjury courts permit theadmission into evidence of unreliable confessions, some ofwhich may have been secured by abusive treatment indetention."There continued to be allegations that police have physicallyand psychologically abused detainees, including teenagers. Anew code of practices took effect on January 1, 1994, furtherstandardizing police interrogation procedures and strengtheningthe oversight requirements. Detainees who claim physicalmistreatment have the right to an immediate medicalexamination. Such a claim must be examined by a trial judge.The "Ballymurphy Seven," a group of teenagers arrested inconnection with an attack on the RUC, alleged police usedphysical and mental coercion to elicit their confessions.Charges against four of the seven were dropped in July afterthe court decided there were significant questions regardingtheir state of mind during interrogation; but the court firmlyconcluded there had been no police abuse. The remaining threewere released on bail in October, and their cases are pending.An appellate court found the prosecution had failed to provebeyond a reasonable doubt that the police had not intimidatedPaul Hill into confessing to the 1974 murder of a formersoldier; the court overturned Hill's conviction.The ICPC (see Section 1.a.) reported that in 1993 it received1,209 complaints of official abuse, that its investigations ledto the substantiation of 25, the disciplining of 88 policeofficers, and the lodging of criminal charges against 6 more.In 1993 the Northern Ireland Secretary named an IndependentAssessor of Military Complaints to deal with proceduresregarding complaints of abuses by the Army; he has noindependent investigative powers. His first report, in May1994, noted that, of 210 formal complaints in 1993, 16 weresubstantiated, but in only one case was a soldier severelydisciplined.The U.N. Committee Against Torture as well as many human rightsgroups have raised concerns about ill-treatment of detainees inNorthern Ireland, and recommended that interrogations in policecustody be videotaped. The Government has resisted doing so,on the grounds that taping could compromise operations andjeopardize informants. Instead, in December 1992 theGovernment appointed a senior barrister as IndependentCommissioner for Holding Centers in Northern Ireland, withauthority to make irregular, unannounced visits to any holdingcenter, observe interrogations on television monitors, andinterview detainees. His first report, in January 1994, foundsome substandard conditions but no significant human rightsviolations. A Helsinki Watch report, issued later, notedallegations by detainees under age 18 that they were subjectedto physical and mental abuse while in holding centers, and werepressured to become informers.There are accusations that security forces in Northern Irelandfrequently harass citizens, particularly young people, in areaswhere support for terrorists is considered strong. TheGovernment strongly denies that such behavior is widespread orofficially tolerated. Security forces have also been accusedof more serious abuses. The CAJ (see Section 1.a.) reportedthat the claimed harassment included threats to kill, kidnap,or maliciously prosecute. Most complaints come from Republicanneighborhoods, but after police crackdowns on Loyalistterrorism, reports of house searches and street harassment insome Protestant areas increased. Officials assert thatsoldiers and police found guilty of harassment are punishedseverely, but the officials have provided no data or details.Both Loyalist and Republican terrorists in Northern Irelandhave frequently carried out "punishment" attacks, typicallyinvolving shooting the victim through one or both knees atshort range. In April the Provisional IRA carried out 16punishment shootings during a 2-hour period in Belfast. Sincethe August 31 cessation, both sides seem to have shifted topunishment by beatings with iron pipes and baseball bats.Prison facilities in the UK vary depending upon location.Remand facilities tend to be antiquated, overcrowded,unsanitary, and/or deficient in exercise areas. Most permanentfacilities are good, but an official investigator found somewith overcrowding, other substandard conditions, or laxdiscipline. Facilities in the regular prisons in NorthernIreland have improved notably in recent years, and are nowexcellent, but conditions at the three holding centers aresubstandard. d. Arbitrary Arrest, Detention, or ExileBritish authorities can and often do make arrests or detentionswithout judicial warrants--especially in Northern Ireland,under laws applicable only there (see below)--when they believethey have reasonable cause to suspect wrongdoing.Outside Northern Ireland, suspects arrested without warrantsmust be released within 36 hours unless brought before amagistrate's court. The magistrate may authorize extension ofdetention by an additional 60 hours, or, in cases of crimes ofviolence, for periods of up to 3 years pending trial. Personscharged with "nonserious" offenses can request release on bail;bail is almost automatically granted in cases not involvingviolence (unless the suspect previously committed a crime whileon bail), but otherwise is often denied.Under the latest Northern Ireland (Emergency Provisions) Act(EPA), passed in 1991, members of the armed forces on duty inthat province can arrest without a warrant any person they havereason to suspect of any offense or intent to commit anyoffense. Such suspects may be held for up to 4 hours, and thenmust be transferred to police custody or released.Anywhere in the UK, the most recent Prevention of Terrorism(Temporary Provisions) Act (PTA), passed in 1989, allows thepolice to arrest without a warrant persons they have reason tosuspect of being involved in terrorism. The authorities maydetain such persons (even those under 18) for up to 48 hourswithout legal representation or judicial review. Suspects maybe interrogated during this time, and confessions obtained maybe used in subsequent court proceedings. Detainees under the1989 PTA in England or Wales are granted the right to havelawyers present during interrogation, but this is not the casein Northern Ireland. Judicial review may be delayed up to afurther 5 days on the authority of the Home Secretary or, inNorthern Ireland, the Secretary of State for Northern Ireland.Less than 25 percent of the detainees under the PTA aresubsequently charged with any criminal offense.The Government does not practice exile (see Section 2.d.regarding exclusion orders), but the terrorist organizationsdo. Provisional IRA and Loyalist paramilitaries in past yearshave forced numerous people to leave Northern Ireland, bythreatening death or injury if they remain. An organizationthat assists threatened persons, Families Against Intimidationand Terror, dealt with 35 cases in 1993 (latest data),including seven entire families. e. Denial of Fair Public TrialThe law provides for fair trial, but in practice there havebeen some serious exceptions. In the late 1980's, after 10years of public pressure, the Home Secretary directed thecourts to reconsider several cases. Appellate courts did soand concluded that: lower courts often relied too heavily onuncorroborated confessions and on presumed integrity of thepolice; appellate judges tended to accept lower-court rulingswithout checking for procedural flaws and new evidence, andoccasionally displayed open hostility to the defense; courtssometimes accepted tainted forensic evidence; and prosecutorssometimes withheld exculpatory evidence from the defense.In response, the Government in 1991 established a RoyalCommission to review all aspects of the criminal justice systemin England and Wales. The Commission's report, issued in 1993,included 352 recommendations. In 1994 the Government announcedits intent to establish in the following year an independentreview body for appeals of suspected miscarriages of justice.In November the Parliament enacted a Criminal Justice andPublic Order Bill. Under it, judges may instruct juries thatthey can draw an inference of guilt from a defendant's refusalto answer questions during interrogation or trial, though noconviction may be based solely on such an inference. Humanrights groups have sharply criticized this provision. Asimilar one has been in effect in Northern Ireland since 1988.An indigent defendant has the right to free counsel of his orher choice. All criminal proceedings must be held in publicexcept those in juvenile court or involving public decency orsecurity. In a trial under the Official Secrets Act, the judgemay order the court closed, but the sentencing must be public.Convictions can be appealed to successively higher courts.In Northern Ireland, special "emergency" restrictions affectdue process. Under the 1973 EPA, the Government suspended theright to trial by jury there for certain terrorist-relatedoffenses, because terrorists often intimidated the judiciary,jurors, and lawyers. Such offenses are tried instead by a"Diplock Court," a judge presiding without a jury. If thedecision is to convict, the judge must justify it in a documentthat becomes part of the court record, and an appellate courtmay overturn it on substantive as well as legal grounds. TheDiplock Courts have been widely criticized. The EPA alsopermits the use of uncorroborated confessions, but they cannotbe the sole basis for conviction anywhere in the UK. The 1988Criminal Evidence Order allows judges to draw adverse inferencewhen a suspect refuses to answer questions. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceWarrants are normally required for a police search of privatepremises. However, under the EPA, on-duty members of the armedforces or policemen in Northern Ireland may enter any premisesif they believe they have "reasonable grounds of suspicion"that the entry is necessary to preserve peace and order.In Catholic communities in Northern Ireland, where distrust ofthe Government has deep historical roots, many believe that theconduct of some members of the security forces in carrying outsecurity checks constitutes unwarranted harassment andintimidation. Such allegations also occur in Protestantneighborhoods, albeit less frequently. The Governmentintensively trains security personnel in proper procedures, butacknowledges that violations of the rules occasionally occur.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressStrongly held common-law tradition, an independent press, and ademocratic political system combine to secure freedom of speechand press. Viewpoints critical of the Government are wellrepresented. The print media are dominated by a handful ofnational daily newspapers, all privately owned and independent(though often generally aligned with a political party). Abouthalf the electronic media are run by the British BroadcastingCorporation (BBC), which is funded by the Government but enjoyscomplete editorial independence. The remainder are run bycorporations under renewable government license.In September the Government removed Sinn Fein from its list ofproscribed terrorist organizations and their supporters, whosevoices may not be broadcast in the electronic media. Thebroadcasting ban remains in place.Human rights organizations continued to criticize the OfficialSecrets Act of 1990, which prohibits disclosure of a broadrange of foreign policy and national security information.They assert that, in the absence of freedom-of-informationlegislation, the Act shields government activities from publicscrutiny, including improper or illegal activities if any.Alleged offenses under the Act may be tried in secret, and theGovernment need not disclose its justification for holding asecret trial. However, the Act is seldom invoked and has notprevented the disclosure of numerous internal governmentdocuments and alleged wrongdoings. Attempts by the Governmentin the 1980's to prosecute officials who leaked documentsgenerally failed. b. Freedom of Peaceful Assembly and AssociationThe Public Order Act of 1986 gives police broad powers torestrict or ban public demonstrations, marches, and gatheringswhen they deem that violence or vandalism is likely to result.The police rarely ban demonstrations; in recent years they haveinvoked the Act primarily to prevent "New Age travelers" fromgathering on private property or at ancient monuments such asStonehenge.The PTA and EPA include sections prohibiting membership in, orsupport of, specified organizations involved in terrorism. c. Freedom of ReligionGovernment policy and practice ensure freedom of religion. InNorthern Ireland, the Constitution Act of 1973 prohibits publicauthorities from discriminating on the basis of religious orpolitical belief (see Section 5 regarding the Fair EmploymentAct). Ministers of the two official churches--the (Anglican)Church of England and the (Presbyterian) Church ofScotland--are ineligible to sit in the House of Commons, butthe most senior ones hold seats in the House of Lords. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens enjoy freedom of movement within the country and inforeign travel, emigration, and repatriation. However, theHome Secretary may exclude from Great Britain anyone believedlinked with terrorism in Northern Ireland, except anyone bornin Great Britain or resident there for 3 years; and theSecretary of State for Northern Ireland can likewise excludepersons not native to or resident in that province. Currently69 persons are subject to exclusion orders. Several Members ofParliament, human rights groups, and the media have objected toexclusion orders. The Secretary of State need not reveal thegrounds for exclusion, and the evidence is not tested in anycourt. There is no right of appeal to the courts, but appealmay be made informally to an independent advisor.The Government makes generous provision for political refugees,but faced with an exponential rise in asylum applications inrecent years, it passed legislation in 1993 to speed processingof unsubstantiated requests. Human rights groups have claimedthe legislation undermines Britain's commitment to providehaven for legitimate refugees.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens have this right, and freely exercise it. TheGovernment is formed on the basis of a majority of seats in theHouse of Commons, which are contested in elections held atintervals not longer than 5 years. Participation in thepolitical process is open to all persons and parties. Allcitizens 18 years of age and older may vote. Northern Irelandhas city and district councils, as in the rest of the UK, butwith somewhat fewer powers. England and Wales also have countycouncils, while Northern Ireland does not. (Scotland'sstructure is different still.) From 1922 to 1972, NorthernIreland had a devolved provincial Parliament at Stormont, whichwas suspended because its domination by the unionist majoritywas seen as contributing to the troubles. Attempts have beenmade since then to restore devolved government.Women and minorities face no legal constraints on voting orholding office. The Head of State is a woman. The Head ofGovernment from 1979 to 1990 was a woman. Two women aremembers of the present Cabinet. Both the Labour Party and theLiberal Democrat Party have instituted a policy of reserving asubstantial number of candidacies for women, with the goal ofequalizing the number of their male and female members ofParliament (M.P.'s). Several members of minority ethnic groupsserve in Parliament. British dependent territories--other thanHong Kong--have small populations, under 60,000, and all areruled by appointed governors or administrators assisted byexecutive councils (usually appointed) and legislativeassemblies or councils (partly elected).</text>
</content>
<name>United Kingdom </name>
<script></script>
</card>
card_74090.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: UNITED ARAB EMIRATES HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 UNITED ARAB EMIRATESThe United Arab Emirates (UAE) is a federation of seven emirates established in 1971. None has any democratically elected institutions or political parties. Each emirate retains control over its own oil and mineral wealth and some aspects of defense and internal security, although the Federal Government asserts primacy in most matters of law and government. Traditional rule has generally been patriarchal, with political allegiance defined in terms of loyalty to tribal leaders. Citizens may express their concerns directly to their leaders via traditional mechanisms, such as the open majlis, or council. In accordance with the 1971 provisional Constitution, the seven emirate rulers comprise a Federal Supreme Council, the UAE's highest legislative and executive body. The Council selects a President and Vice President from its membership; the President in turn appoints the Prime Minister and Cabinet. The Council meets occasionally, although the leaders meet frequently in more traditional settings. The Cabinet manages the Federation on a day-to-day basis.Each emirate maintains its own police force, but only the Federal Government and the Emirate of Dubai have internal security organizations.The UAE has a free market economy based on oil and gas production, trade, and light manufacturing. The Government owns the majority share of the petroleum production enterprise in the largest emirate, Abu Dhabi. The four emirates with small or nonexistent petroleum resources are dependent on federal government subsidies for such essential services as health, electricity, water, and education. The economy provides citizens with one of the world's highest per capita incomes but is heavily dependent on foreign workers who comprise 80 percent of the population.A number of human rights continued to be restricted in 1994. The main problems included the denial of the right of citizens to change their government and limitations on the freedoms of speech, press, assembly, association, and worker rights. Women continue to make progress in education and in the work force, but some types of discrimination persist. The press continued to avoid direct criticism of the Government and exercised self-censorship on topics sensitive to the Government.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or extrajudicial killing. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere were no reports of torture in 1994. The Constitution prohibits torture or degrading treatment. Shari'a, or Islamic, courts frequently impose flogging on Muslims found guilty of adultery, prostitution, and drug and alcohol abuse. According to press accounts, punishments for adultery and prostitution have ranged from 80 to 200 lashes. In several cases, Muslims convicted of drunkenness have been sentenced to 80 lashes. Non-Muslims may also be sentenced to such punishments, but the Federal Supreme Court ruled in 1993 that convictions do not require the imposition of Shari'a penalties on non-Muslims. In 1994 several non-Muslims were reportedly sentenced to lashing after their convictions for adultery and prostitution. There was no indication that the punishments were carried out. No amputations were known to have been carried out. d. Arbitrary Arrest, Detention, or ExileThe Constitution prohibits arrest, search, detention, or imprisonment except in accordance with the law. The laws of each emirate prohibit arrest or search without probable cause.Under the Criminal Procedures Code, the police must report arrests within 48 hours to the Attorney General who must determine within the next 24 hours whether to charge, release, or order further detention pending an investigation. The Attorney General may order detainees held for up to 21 days without charge. After that time, the authorities must obtain a court order for further detention without charge.The authorities bring detainees to trial reasonably expeditiously, although the Code does not specify a right to a speedy trial. There is no formal system of bail, but the authorities may temporarily release detainees who deposit money or an important document such as a passport. The law permits incommunicado detention.The Constitution prohibits exile, and it is not practiced. e. Denial of Fair Public TrialThe UAE has a dual system of Shari'a (Islamic) and civil (secular) courts. The nature of the case determines the venue. The civil courts are generally part of the federal system and are answerable to the Federal Supreme Court in Abu Dhabi. The Shari'a courts are administered by each emirate and are also answerable to the Federal Supreme Court. The court systems in the emirates of Dubai and Ras al-Khaimah are independent of the federal system, although they apply the Civil Procedure Code. Each court system has an appeals process. Death sentences may be appealed to the President. Legal procedures are uniform in both Shari'a and civil courts. Defendants are presumed innocent until proven guilty.The Constitution provides for the independence of the judiciary under the Supreme Court which has the power of judicial review and has original jurisdiction over disputes between emirates and between the Federal Government and emirates. The Constitution designates the Shari'a as the basis of all legislation. Judicial procedures reflect a mixture of Western and Islamic models.In February the President decreed that the Shari'a courts, and not the civil courts, would have the authority to try virtually all criminal cases. The decree did not affect the emirates of Dubai, Umm Al-Quwain, and Ras al-Khaimah which have lower courts independent of the federal system. Nevertheless, despite the decree, judges in criminal cases involving non-Muslims may decide to impose civil court penalties, and appeals courts may overturn or modify Shari'a penalties imposed on non-Muslims by lower courts.Legal counsel may represent defendants in both court systems. Under the new Criminal Procedures Code, the accused has a right to counsel in all cases involving a capital crime or possible life imprisonment. Only the Emirate of Dubai has a public defender's office. If the defendant is indigent, the Government will provide counsel. The Supreme Court ruled in 1993 that a defendant in an appeal case has a "fundamental right" to select his attorney and that this right supersedes a judge's power to appoint an attorney for the defendant.There are no jury trials. A single judge normally renders the verdict in each case, whether in the Shari'a or civil court system. All trials are public, except national security cases and those deemed by the judge likely to harm public morality. Most judges are foreign nationals, primarily from other Arab countries; however, the Ministry of Justice has begun to train UAE citizens as judges and prosecutors.The military has its own court system based on Western military judicial practice. Military tribunals try only military personnel. There is no separate national security court system.There are no known political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution prohibits entry into homes without the owner's permission, except in accordance with the law. Although the police may enter homes without a warrant and without demonstrating probable cause, an officer's actions in searching premises are subject to review, and he is subject to disciplinary action if he acts irresponsibly. Officials other than a police officer must have a court order to enter a private home. Local custom places a high value on privacy, and entry into private homes without the owner's permission is rare. There is no known surveillance of private correspondence.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressAlthough the Constitution provides for freedom of speech, most people, especially foreign nationals, refrain from criticizing the Government in public.Many of the local English- and Arabic-language newspapers are privately owned, but receive government subsidies. Foreign publications are routinely subjected to censorship before distribution. Journalists censor themselves regarding reporting on government policy, the ruling families, national security, religion, and relations with neighboring states.In May the Government banned distribution of the Arabic-language daily Al-Sharq Al-Awsat for 1 week after the newspaper commented on a memorandum from the Minister of Economy and Commerce on the UAE's possible inclusion on the United States Trade Representative's "priority-watch" list.All television and radio stations are government owned and conform to government reporting guidelines. Satellite receiving dishes are widespread and provide access to international broadcasts without apparent censorship. Censors at the Ministry of Information and Culture review imported newspapers, periodicals, books, films, and videos and ban any material considered pornographic, violent, derogatory to Islam, favorable to Israel, unduly critical of friendly countries, or critical of the Government or the ruling family. Authorities may confiscate material written in Hebrew.The case of the 11 Indian nationals convicted in 1992 and 1993 by Shari'a court for producing and performing in a play that allegedly insulted Islam and Christianity drew to a close in 1994. Four of the defendants, who had been serving various prison terms, were released in December and reportedly departed the country. Of the remaining seven defendants, six apparently departed the country in 1993 after an appeals court overturned their convictions. The seventh defendant was tried in absentia.The unwritten but generally accepted ban on criticism of the Government also restricts academic freedom, although in recent years academics have been more open with their criticism. b. Freedom of Peaceful Assembly and AssociationThese freedoms are tightly restricted. Political organizations are prohibited. Organized public gatherings require a government permit. Each emirate determines its own practice on public gatherings. Some are more tolerant of seminars and conferences on sensitive subjects.Citizens normally confine political discussions to the numerous assemblies or "majlises," held in private homes. There are no restrictions on such gatherings. However, private associations must follow the government's censorship guidelines if they publish any material. c. Freedom of ReligionIslam is the official religion. UAE citizens are predominately Sunni Muslims, but Shi'a Muslims are also free to worship and maintain mosques, except in the Emirate of Ras al-Khaimah. According to a press report, the Emirate of Dubai in 1993 placed private mosques under the control of its Department of Islamic Affairs and Endowments. This gave the Government greater control over the appointment of preachers and was reportedly intended to prevent the spread of what it considers religious extremism.Non-Muslims are free to practice their religion but may not proselytize publicly or distribute religious literature. The major cities have Christian churches and Hindu and Sikh temples, some built on land donated by the ruling families. The Government permits the foreign clergy to minister to expatriate congregations. It also allows non-Muslims to engage in private charitable activities and to send their children to private schools. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThere are no limitations on freedom of movement or relocation within the country, except near defense and oil installations.Unrestricted foreign travel and emigration are permitted to male citizens except those involved in financial disputes under adjudication. However, a husband may bar his wife and children from leaving the country without his permission. All citizens have the right to return. There is a small population of stateless residents, many of whom have lived in the UAE for more than one generation. They are Bedouins or the descendants of Bedouins who are unable to prove that they are of UAE origin. The Government does not issue them passports.Citizens are not restricted in seeking or changing employment. However, foreign workers, except for primarily professional ones, may not change employers without first leaving the country for 6 months. This law is often not enforced.The Government does not have any formal procedure for accepting refugees. It may detain persons seeking refugee status, particularly non-Arabs, while they await resettlement in a third country. There is no formal procedure for naturalization, although foreign women receive citizenship by marriage to a UAE citizen, and anyone may receive a passport by presidential fiat.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe UAE has no formal democratically elected institutions, and citizens do not have the right to change their government or even to form political parties. Although there are consultative councils at the federal and emirate levels, most executive and legislative power is in the hands of the Federal Supreme Council. The seven emirate rulers, their extended families, and those persons and families to whom they are allied by historical ties, marriage, or common interest wield most political power in their own emirates. Decisions at the federal level are generally made by consensus of the sheikhs of the seven emirates and their leading families.A federal consultative body, called the Federal National Council (FNC), consists of advisers appointed by the rulers of each emirate. The FNC has no legislative authority but may question ministers and make policy recommendations to the Cabinet. Its sessions are usually public.The choice of a new emirate ruler falls to the ruling family in consultation with other prominent tribal figures. By tradition, the rulers and ruling families are presumed to have the right to rule, but their incumbency ultimately depends on the quality of their leadership and their responsiveness to their subjects' needs. Emirate rulers are accessible, in varying degrees, to citizens who have a problem or a request.Tradition rather than law has limited the role of women. Women are free to hold government positions, but there are few women in senior positions because they are relatively new to government service and because there is pressure in many families against women entering the workplace. Although the small Shi'a Muslim minority has enjoyed commercial success, few Shi'a Muslims have top positions in the Federal Government.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere are no local human rights groups. Government restrictions on freedom of press and public association would make it difficult for such groups to investigate and publicly criticize the Government's human rights performance.Nonetheless, a few informal public discussions of human rights have taken place in recent years, such as a seminar in December 1992 and an international symposium in late 1993. Foreign and domestic academics, jurists, government officials, and a representative of an international human rights organization participated in this symposium. These events, along with some press coverage of local human rights issues, have led to a modest increase in public awareness of human rights issues.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenMost women play a subordinate role in society because of the frequency of early marriage and traditional attitudes about women's activities. As noted in Section 2.d., husbands may bar their wives and children from leaving the country, and married women may not accept employment without their husbands' written consent. Islamic law is applied in cases of divorce. The woman receives custody of children until they are 7 years of age. Children older than 7 years live with their fathers unless judicial authorities decide otherwise. In divorce cases in which the mother is a non-Muslim or a foreigner, the court usually grants custody to the father regardless of the child's age. A woman who remarries forfeits her right to the custody of children from a previous marriage. Islamic law permits polygamy for men, but they rarely practice it. Women are restricted from holding majority shares in most businesses. Women who work outside the home generally receive equal pay for equal work, but do not receive equal benefits, such as housing.Women continue to make rapid progress in education. They constitute 70 percent of the student body at the UAE University, largely because women rarely study abroad. Opportunities for women have grown in government service, education, and health services. Women are officially encouraged to continue their education, and government-sponsored women's centers provide adult education and technical training courses. The armed forces accept women volunteers. There is a special military training course for women which started after the Gulf War.Spousal abuse is rarely reported. When reported, the local police authorities may take action to protect women from abuse. The laws protect women from verbal abuse or harassment from men. Violators are subject to criminal action. There continue to be credible reports of abuse of female domestic servants by both UAE and foreign employers (see Section 6.e.).The law prohibits cohabitation by unmarried couples. The Government may imprison or deport noncitizen women if they bear children out of wedlock. In the event that courts sentence such women to prison, the local authorities will hold the newborn children in a special facility until the mothers' release and deportation. Children may remain in this facility longer in the event of a custody dispute. ChildrenThe Government is committed to the welfare of children. Children receive free health care, free education, and guaranteed housing. There is no pattern of societal abuse of children. National/Racial/Ethnic MinoritiesDiscrimination based on national origin, while not legally sanctioned, is prevalent (see Section 2.d.). Employment, immigration, and security policy as well as cultural attitudes towards foreign workers are conditioned by national origin. People with DisabilitiesThere is no federal legislation requiring provision of accessibility for the disabled. However, the Ministry of Labor and Social Affairs sponsors handicapped centers, which provide facilities and services to the disabled. Services range from special education and transportation assistance to sending a team to the Special Olympics.Section 6 Worker Rights a. The Right of AssociationThere are no unions and no strikes. The law does not grant workers the right to organize unions or to strike. Foreign workers, who make up the bulk of the work force, risk deportation if they attempted to organize unions or strike. b. The Right to Organize and Bargain CollectivelyThe law does not grant workers the right to engage in collective bargaining, and it is not practiced. Workers in the industrial and service sectors are normally employed under contracts that are subject to review by the Ministry of Labor and Social Affairs. The purpose of the review is to ensure that the pay will satisfy the employee's basic needs and secure a means of living. For the resolution of work-related disputes, workers must rely on conciliation committees organized by the Ministry of Labor and Social Affairs or on special labor courts. Labor laws do not cover domestic servants and agricultural workers, who have difficulty in obtaining any assistance to resolve their labor disputes.In the Jebel Ali free zone in Dubai Emirate, the same labor laws apply as in the rest of the country. c. Prohibition of Forced or Compulsory LaborForced or compulsory labor is illegal and not practiced. However, some unscrupulous employment agents bring foreign workers to the UAE under conditions approaching indenture. d. Minimum Age for Employment of ChildrenLabor regulations prohibit employment of persons under age 15 and have special provisions for employing those aged 15 to 18. The Department of Labor enforces the regulations. Other regulations permit employers to engage only adult foreign workers. In 1993 the Government prohibited the employment of children as camel jockeys and of jockeys who do not weigh more than 45 kilograms. The Camel Racing Association enforces the new rules. Otherwise, child labor is not permitted. e. Acceptable Conditions of WorkThere is no legislated or administrative minimum wage. Supply and demand determine compensation. However, according to the Ministry of Labor and Social Affairs, there is an unofficial, unwritten minimum wage rate which would afford a worker and family a minimal standard of living. As noted in Section 6.b., the Labor and Social Affairs Ministry reviews labor contracts and does not approve contracts that stipulate a clearly unacceptable wage.The standard workday and workweek are 8 hours a day, 6 days a week, but these standards are not strictly enforced. Certain types of workers, notably domestic servants, may be obliged to work longer than the mandated standard hours. The law also provides for a minimum of 24 days a year of annual leave plus 10 national and religious holidays. In addition, manual workers are not required to do outdoor work when the temperature exceeds 45 degrees Celsius (112 degrees Fahrenheit).Most foreign workers receive either employer-provided housing or a housing allowance, medical care, and homeward passage from their employers. Most foreign workers do not earn the minimum salary of approximately $1,370 a month required to obtain a residency visa for their families. Employers have the option to petition for a 1-year ban from the work force against any foreign employee who leaves his job without fulfilling the terms of his contract.The Ministry of Health, the Ministry of Labor and Social Affairs, municipalities, and civil defense units enforce health and safety standards. The Government requires every large industrial concern to employ a certified occupational safety officer. An injured worker is entitled to fair compensation. Health standards are not uniformly observed in the housing camps provided for foreign workers. Workers' jobs are not protected if they remove themselves from what they consider to be unsafe working conditions. However, the Ministry of Labor and Social Affairs may require employers to reinstate workers dismissed for not performing unsafe work. All workers have the right to lodge grievances with ministry officials, who make an effort to investigate all complaints. However, the Ministry is understaffed and underbudgeted so that complaints and compensation claims are backlogged.Complaints may be appealed to the Ministry and ultimately to the courts. However, many workers do not protest for fear of reprisals or deportation. There have been reports, some published in the local press, of abuses suffered by domestic servants, particularly women, by their employers. Allegations have included excessive work hours, extremely low wages, and verbal and physical abuse.</text>
</content>
<name>United Arab Emirates </name>
<script></script>
</card>
card_73832.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: UKRAINE HUMAN RIGHTS PRACTICES, 1994AUTHOR; U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens exercised this right in 1994 elections which resultedin the peaceful democratic transfer of power from an incumbentpresident running for reelection. Elections to the 450-memberRada (parliament) were also held in 1994, and both electionswere judged to have been generally free and fair.Parliamentary elections, which began on March 27, resulted in afragmented legislature. While Communists are the largestparty, the largest voting bloc is an emerging group ofparliamentary factions in the center which support democraticand economic reform.In the presidential election's first round on June 26 among sixcandidates, Leonid Kuchma, former Prime Minister and candidateof the centrist Inter-Regional Reform Bloc, obtained about 31percent of the vote to some 38 percent for Leonid Kravchukrunning for reelection. Kuchma won the run-off on July 10 with52 percent of the vote. All citizens above the age of 18 hadthe right to vote regardless of nationality, religion, or sex,and the election turnout ranged from around 70 percent for thepresidential election to about 75 percent for the legislativeones.Women are well represented in politics and government,especially at the levels of local and oblast governments.However, they are less well represented at the higher levels ofgovernment. There are only 12 women in Parliament and very fewwomen in the highest levels of government.The President, elected for a 4-year term, nominates the PrimeMinister and members of the Cabinet, some of whom must beconfirmed by Parliament. Day-to-day government operations arethe responsibility of the Prime Minister and the Cabinet ofministers.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government allowed local and international human rightsgroups to operate freely. The Union of Councils for SovietJewry, for example, has an active office in Kiev, staffed withlocal human rights monitors.The Government also welcomed visits by foreign human rightsorganizations. Numerous international groups were invited toobserve the elections.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution prohibits discrimination on the basis of race,sex, and other grounds. WomenUnemployment, lack of medical care, the degree of availabilityof child care, and social mobility, most of which have come tothe fore or been exacerbated by the economic crisis, are theprimary concerns of women and women's groups in Ukraine. Laborlaw provides for equal rights for men and women. However, itis estimated that women represent 90 percent of all newunemployment and are much more likely to be laid off than men.Equal pay for equal work is the law and generally appears to bethe practice as well. However, women are seldom seen inhigh-level managerial positions. Educational opportunities forwomen are improving, and more women are entering the upperechelons of the legal, medical, and journalism professions.Women's groups now are taking advantage of the developingprivate economy to make a place for women and address theireconomic concerns. In part because of their high unemployment,women appear to be seizing the initiative in the development ofbusinesses large and small in the emerging private marketeconomy.Women's groups do not cite violence as a primary issue forwomen. Reports of violence against women are few and usuallyconnected with the high incidence of alcoholism among men andwomen. There is a lack of awareness of spouse abuse and otherviolence against women as a women's rights issue.Separate statistics on prosecutions for wife beating or onaverage sentences are not available. When violence occurs,government officials have acknowledged the authorities oftenexert pressure on women to drop charges against their husbandsto preserve the family. The low official incidence of crimesagainst women is mirrored by the lack of media attention to thesubject and the low priority that women's groups place on theissue. ChildrenThe Government is publicly committed to the defense ofchildren's rights. Because of the deepening economic crisis,however, it has taken few specific steps to further achildren's rights agenda. There is no pattern of familial orsocietal abuse of children. National/Racial/Ethnic MinoritiesIn spite of vigorous press debate between Ukrainianultranationalists and apprehensive Russian speakers, there areonly isolated cases of ethnic discrimination in Ukraine. Inone case, Russian speakers in L'viv have complained that thereis insufficient instruction in the schools in Russian. The1991 law on national minorities played an instrumental role inpreventing ethnic strife by allowing individual citizens to usetheir respective national languages in conducting personalbusiness and by allowing minority groups to establish their ownschools.There is no evidence of serious ethnic tension, with theexception of two areas. In some parts of western Ukraine, thesmall Russian minority and Jewish groups credibly accuse localUkrainian ultranationalists of fostering ethnic hatred andprinting anti-Semitic tracts. In Crimea, the Ukrainian andTatar minorities credibly complain of discrimination by theRussian majority. The Crimean government withdrew financialsupport for the only Ukrainian-language newspaper in Simferopoland has resisted Tatar requests for support for Tatar-languageschools and cultural facilities.Russian speakers, who predominate in eastern Ukraine,complained about the increased use of Ukrainian in schools andin the media. They claimed that their children aredisadvantaged when taking academic entrance examinations sinceall applicants are required to take a Ukrainian-language test.President Kuchma, himself a Russian speaker, took much of thevenom out of the language issue by consistently speakingUkrainian in public and by pledging during his electioncampaign to request the Rada to give official status to theRussian language.Contrary to the situation in 1993, there were no knowninstances of anti-Roma violence in 1994. People with DisabilitiesThe law prohibits discrimination based on disability, but,especially with the economic crisis, the Government has noprograms targeted at increasing opportunities for thedisabled. The law requires public facilities for the disabled,but implementation is poor.Section 6 Worker Rights a. The Right of AssociationSoviet law, or pertinent parts of the Constitution, continue toregulate the activities of trade unions. The 1992 law oncitizens' organizations (which includes trade unions)stipulates noninterference by public authorities in theactivities of these organizations, which have the right toestablish and join federations and to affiliate withinternational organizations on a voluntary basis. The Rada isdebating a new constitution and a new law on trade unions. Inprinciple, all workers and civil servants (including members ofthe armed forces) are free to form unions. In practice, theGovernment discourages certain categories of workers (e.g.,nuclear power plant employees) from doing so.An officially sanctioned successor to the former Soviet tradeunions, known as the Federation of Trade Unions (FTU), hasbegun to work independently of the Government and has beenvocal in opposing draft legislation that would restrict theright to strike. The FTU is considered a partner withmanagement in the running of state enterprises. The Governmentprovides this organization with office buildings and resortproperties. The FTU has no official or legal relationship withany political party.Many independent unions now provide an alternative to theofficial unions in most sectors of the economy. Some, such asthe Independent Miners' Union of Ukraine (NPGU), and unionsrepresenting pilots, civil air dispatchers, locomotiveengineers, and aviation ground crews formed the ConsultativeCouncil of Free Trade Unions in 1992. This entity actsindependently of the FTU.The law on labor conflict resolution guarantees the right tostrike to all but members of the armed forces, civil andsecurity services, and employees of "continuing process plants"(e.g., metallurgical factories). The law prohibits strikesthat "may infringe on the basic needs of the population" (e.g.,rail and air transportation). Strikes based on politicaldemands are also illegal, but this did not prevent miners andtransportation workers from making political as well aseconomic demands during their September 1993 strikes thatforced the Government to hold elections at every level ofgovernment in 1994. The Government has relied on the courts todeal with strikes that it considers illegal, and the courtshave not always ruled in favor of the Government.There are no official restrictions on the right of unions toaffiliate with international trade union bodies; the NPGU is amember of the International Miners' Union. b. The Right to Organize and Bargain CollectivelyThe law on enterprises states that joint worker-managementcommissions should resolve issues concerning wages, workingconditions, and the rights and duties of management at theenterprise level, a system that is not clearly defined.Overlapping spheres of responsibility frequently impede thecollective bargaining process. The Government, in agreementwith trade unions, establishes wages in each industrial sectorand invites all unions to participate in the negotiations. Thelaw on labor conflict resolution set up another bureaucracy,the National Mediation and Reconciliation Service, to mitigatelabor-management disputes that cannot be resolved at theenterprise level. The President appoints the head of thisservice.Collective bargaining law prejudices the bargaining processagainst the independent trade unions and favors the officialunions. It provides for dues to be taken from the pay of everyworker in a collective and paid to the official union. Theunion, on behalf of the enterprise, administers the socialwelfare benefits (including huge pension benefit funds) ofworkers paid by an enterprise.Most workers are never informed that they are not obligated tojoin the official union, and joining an independent union canbe bureaucratically onerous as well. Independent unions arenot given resources to administer social welfare benefits.Enterprise directors discourage departures from the officialunion by meeting with workers to discuss the benefits ofofficial union membership.The collective bargaining law prohibits antiuniondiscrimination. The courts resolve disputes under the law.There have been cases in which such disputes have not beenresolved in a fair and equitable manner.There are no export processing zones in Ukraine. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits compulsory labor, and it is notknown to exist. d. Minimum Age for Employment of ChildrenThe minimum employment age is 17. In certain nonhazardousindustries, however, enterprises may negotiate with theGovernment to hire employees between 15 and 17 years of age.Education is compulsory up to age 15. The Ministry ofEducation vigorously enforces the law on education. e. Acceptable Conditions of WorkIn 1992 the Government established a countrywide minimum wage.Monthly inflation rose dramatically all during 1993 and 1994.This hyperinflation has seriously eroded incomes, andofficially over half the population of Ukraine now lives belowthe poverty level, with further declines expected. Inaddition, the Government has paid most salaries several monthslate, further reducing income. In theory, the law on wages,pensions, and social security provides for mechanisms to indexthe minimum wage to inflation. As of December 1, the minimumwage was approximately $6.50, or nearly 1 million karbovanetsper month.The Labor Code provides for a maximum 41-hour workweek, a24-hour day of rest per week, and at least 15 days of paidvacation per year. Stagnation in some industries (e.g.,defense) significantly reduced the workweek for some categoriesof workers.The Constitution and other laws contain occupational safety andhealth standards, but these are frequently ignored inpractice. Lax safety standards enforcement was the principalcause of many serious mine accidents resulting in over 100deaths and more injuries in 1993. In theory, workers have thelegal right to remove themselves from dangerous work situationswithout jeopardizing continued employment. In reality however,labor experts say that continued employment would be inquestion. The Labor Ministry is currently rewriting the minesafety law, and the NPGU is demanding that the Governmentimprove worker safety in the mines.</text>
</content>
<name> </name>
<script></script>
</card>
card_73521.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: UKRAINE HUMAN RIGHTS PRACTICES, 1994AUTHOR; U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 UKRAINEUkraine in 1994 continued to be governed by the 1978Constitution of the Ukrainian Soviet Socialist Republic,modified by the introduction of a presidency and a multipartysystem. In presidential elections held in June and July,Leonid Kuchma defeated incumbent Leonid Kravchuk and four othercandidates. The first post-Soviet elections for the 450-memberRada (parliament), held in the spring, resulted in a muchfragmented legislature.Since independence, a Rada commission has worked unsuccessfullyto draft a new constitution. In 1994 the President and theRada proposed forming a new constitutional commission, whichwas finally established in October. In general, however, 1994,like 1992 and 1993, was a year of governmental deadlock.The Security Service of Ukraine (SBU), the Ministry of InternalAffairs, and the Ministry of Defense all have equal status andreport to the President through the Cabinet. The chairmen ofthese institutions sit on the Council of Ministers andsimultaneously chair the Council's executive committeesresponsible for each of their ministries. The Rada mustconfirm the appointment of each chairman. The armed forceshave remained largely outside of politics. President Kuchmanominated, and the Rada confirmed on October 3, Ukraine's firstcivilian Defense Minister. During parliamentary debates, theSBU serves in a technical advisory capacity. Although it hasaffected the political process through criminal investigationsagainst certain politicians and influential businessmen, humanrights organizations have not reported any violations of humanrights by the SBU.The economy continues to be dependent on state-owned industryand state and collectivized agriculture. Little privatizationhas occurred. The Government has struggled to find a unique"Ukrainian way" of transition from a command to a free marketeconomy. Consequently, economic reform has not beenextensively enacted, and the economy has suffered double-digitdeclines in gross domestic product, periodic hyperinflation,and high levels of hidden unemployment. Much economic activityis submerged into the illegal sector (estimated at between 50and 80 percent), causing a concomitant dramatic rise in crime.The most significant human rights achievement was the abilityof the people of Ukraine, through internationally monitoredelections, to replace elected and appointed officials at alllevels of the executive and legislative branches in both thecentral and local governments. President Kuchma and theChairman of the Rada acted to strengthen the separation ofchurch and state through public statements and throughadjustment of certain administrative procedures. The Presidentalso disciplined the National Council for Broadcasting, whichengaged in partisan and illegal actions during the presidentialelection campaign, and replaced the director of statetelevision, which in the past had been accused of restrictingpublic discussion of important issues. Continuing human rightsproblems include restrictions on freedom of the press andassociation, unreformed legal and prison systems, and ethnictensions in Crimea.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no known political killings by agents of theGovernment, but the line between politically motivated killingand criminal activities has become difficult to distinguish.The Government's inability to stem the economic decline andcheck the growth of violent, organized criminal activity hadmajor repercussions. Politicians increasingly became thevictims--whether through kidnapings or killings--of organizedcriminal groups, aided sometimes, either actively or passively,by corrupt officials. Politicians were particularly targetedbecause of their influence over state-owned enterprises, whichstill constituted 95 percent of official economic output.In a particularly violent example of lawlessness, the entireleadership of the Crimean Christian Liberal Party was singledout for assassination because of the Party's platform oneconomic reform. Six people, half of the leadership, weremurdered, with the remainder fleeing Ukraine. Its remainingmembers disbanded the Party. Crimean authorities wereseemingly able neither to stop the killings nor apprehend theperpetrators. President Kuchma's first act as President was tosign a decree establishing special units and procedures tocombat organized crime. He also acted to raise the pay of lawenforcement officials to reduce the temptation of corruption. b. DisappearanceMikhaylo Boychyshyn, a prominent leader of the Popular Movementof Ukraine (Rukh) disappeared in January without explanation.No other disappearances are known to have occurred. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution prohibits torture. However, police and prisonbeatings occur with regularity, and there is no effectivemechanism for registering complaints about mistreatment or forobtaining redress. The Government made no known efforts duringthe year to end the practice or to punish officials whocommitted such abuses.Visitors to prisons describe conditions as severely substandard.Prisons are overcrowded, with the number of prisoners sometimesfour times the prison capacity. The most crowded tend to bethose for prisoners who have been charged with a crime and areawaiting trial or are in investigative detention.The psychiatric community has adopted more humane methods oftreatment. Human rights monitors say that, although thequality of medical care in Ukraine is generally deteriorating,psychiatry is making significant progress. There is someofficial support for the adoption of less coercive anddegrading modes of treatment. Despite the resource constraintsimposed by the economic crisis, efforts to improve medicaltraining, hospital conditions, patients' rights, and legalnorms are under way. d. Arbitrary Arrest, Detention, or ExileThere were no reported cases of arbitrary arrest or detentionof persons. Ukraine has only slightly amended its Soviet-eralaw on detentions, and the recent decree signed by PresidentKuchma on combating organized crime and corruption contains anumber of controversial provisions.Ukrainian law provides that police authorities may detain aperson suspected of a crime for 3 days without a warrant. Aprosecutor must issue an arrest order if the period ofdetention exceeds 3 days. The maximum period of detentionafter charges have been filed is 1 1/2 years. The law permitscitizens to appeal the legality of an arrest either to thecourt or to the prosecutor. As citizens gain a betterunderstanding of their rights under a 1992 law, they areincreasingly filing appeals with the courts. The authoritieshave dismissed some prosecutors for not adhering to legalguidelines.A presidential decree designed to combat corruption andorganized crime permits the "preventive" detention of personsfor up to 30 days without the filing of charges. The Presidenttold law enforcement agencies on several occasions that theyshould take no actions inconsistent with other laws and theConstitution, regardless of the provisions of the decree. Atyear's end, it remained to be seen whether the new decree wouldresult in arbitrary detention or other abuses.By law, a judge must initiate a trial within 3 weeks from thetime charges are filed. But this limit is not always met bythe overloaded court system, where months may pass before adefendant is finally brought to court. By law, detainees arepermitted access to a defense attorney, who is provided withoutcharge to the indigent, from the moment of detention or thefiling of charges, whichever comes first. There is noattorney-client privilege. The prisoner may talk to a lawyeronly in the presence of the person who made the arrest. Toprotect the defendant, each investigative file must contain adocument signed by the defendant and his counsel attesting thatthe defendant's rights were explained to him in the presence ofan attorney. An appeals court may dismiss a conviction ororder a new trial if this document is missing. As defendantsbecame aware of their rights, they increasingly insisted onobservance of these rights. However, many still were notaware, and hence did not take advantage, of these procedures.Defense attorneys' fees also were prohibitively expensive formany defendants.Exile as a punishment no longer exists in Ukrainian law. e. Denial of Fair Public TrialThe criminal justice system follows the former Soviet model.Several modifications have been made, including a December 1991law modifying the system of prosecution and a June 1992 law,not yet implemented, authorizing the creation of aconstitutional court. Without further major structuralreforms, however, the independence of the judiciary fromoutside pressure cannot be realized.The nonimplementation of the constitutional court law issymptomatic of the gridlock which stymies judicial reform ingeneral. While the law was enacted, all but one of thecandidates selected by the Government for the constitutionalcourt refused appointments, and the court was not able to beginwork. As the number of contradictions between new laws and theold Constitution increased, the need for a functioningconstitutional court became ever more urgent. The SupremeCourt has refrained from interpreting the laws and theConstitution, leaving individuals, businesses, and even theGovernment without a court of appeal in cases in which new lawsconflict with the Constitution.The courts of general jurisdiction are undifferentiated as tofunction (although separate arbitration, or commercial, courtsexist). In the same day, judges may hear criminal, civil, andjuvenile cases. The courts are organized on three levels:rayon courts (district, also known as people's courts); oblast(regional) courts; and the Supreme Court. All may act as thecourt of first instance depending on the nature and seriousnessof the crime. A case heard in the first instance by theSupreme Court, therefore, may not be appealed or reviewed.There are no clear rules to determine which court first hears acase. As a rule, military tribunals handle cases involvingmilitary personnel only.Prosecutors, like the courts, are organized into offices at therayon, oblast, and republic levels. They are ultimatelyresponsible to the Prosecutor General, appointed by the Rada.Prosecutors and defense attorneys by law have equal statusbefore the courts. In practice, prosecutors still are veryinfluential because court proceedings are not conducted in anadversarial manner. The prosecutor directs all investigationsof the Ministry of Internal Affairs and the SBU, or he may usethe investigative resources of his office.While the defendant is presumed innocent and is tried before apanel consisting of one judge and two lay assessors, convictionrates have not changed from the Soviet era. Nearly 99 percentof completed cases result in convictions. Judges frequentlysend cases unlikely to end in convictions back to theprosecutor for "additional investigation." Such cases may thenbe dropped or closed, occasionally without informing the courtor the defendant. Consequently, conviction rates are asomewhat misleading statistic. There are no known politicalprisoners.Oblast and Supreme Court judges may not be members of politicalparties and must have at least 5 years of legal experience.The Rada selects judges on the basis of recommendations fromthe Ministry of Justice, based in part on examination results.The Prosecutor General and his deputy are nominated by thePresident and confirmed by the Rada. Regional and districtprosecutors are appointed by the Prosecutor General. Manycurrent judges and prosecutors were appointed in Soviet timeswhen political influence pervaded the criminal justice system.It is unclear how free the judiciary is from influence andintimidation by the executive branch of government.Particularly at the regional level, judges, prosecutors, andother court officials appear to remain closely attuned to localgovernment interests. Organized crime elements have alsoinfluenced court decisions. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceSearch warrants issued by prosecutors, not judges, are requiredand utilized in most cases. The SBU may, however, conductintrusive surveillance and searches without a warrant onnational security grounds. Human rights observers reportreceiving no complaints of invasion of privacy by the SBU.According to the SBU charter, persons subject to surveillancemust be informed after a month's time. The Prosecutor General'soffice has oversight responsibility over the SBU, but theextent to which it utilizes that authority to monitor SBUactivities and to curb excesses by security officials isunknown.The remnants of Soviet control mechanisms survive in manyguises. The militia stops vehicles arbitrarily in cities, atthe borders of cities and towns, and throughout thecountryside. It needs no probable cause to stop vehicles foran extensive document check and inspection of all parts of thevehicle and its contents. This has become a great source ofand inducement to corruption in the militia: citizens whooften have committed no violation, or only a minor one, preferto pay a bribe to avoid time-consuming inspections. Westernersand Western vehicles are popular targets of this treatment.Persons who have committed serious violations also escapejustice by paying bribes to officials, further undermining theconcept of the rule of law.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressA 1991 law protects freedom of speech and the print media.Criticism of the Government is tolerated. Because most of themedia are state owned and supported, there is a generaltendency to self-censorship. Former President Kravchukdeclared that newsprint was a strategic commodity and thatthere would be no privatization of the sources of paper.Government control of subsidies, most printing presses,newsprint, and a galaxy of "official" media continued toinhibit the growth of a fully free, competitive, and openpress. More recently, President Kuchma signed a law exemptinggovernment-owned media from paying high value-added taxes,thereby making the private press comparatively more expensive.A 1994 law (predating President Kuchma's election) regulatesthe electronic media. Holos Ukrainy, the official newspaper ofthe Ukrainian Parliament, accused the state television ofpromoting the reelection of President Kravchuk (see Section 3)and of restricting discussion of controversial domestic topics,such as disputes among the rival Orthodox churches claimingjurisdiction over the country (see Section 2.c.). Severalprivate television channels rebroadcast uncensored foreign newsprograms and create their own programming. Foreign broadcasts(mostly Russian) are received without interference.After his election, President Kuchma disbanded the Council onBroadcast Media, a regulatory agency, on the grounds that hispredecessor had improperly appointed the Council. In addition,after a private television station, Hravis, broadcast campaigninformation about Kuchma and the other candidates in thepresidential race, the Council had shut it down for beingimproperly licensed. Upon his election, Kuchma reinstatedHravis' license and appointed its executive director to thepost of deputy director of the State Broadcasting Company. ThePresident's adviser on press freedoms stated that Kuchma willreestablish the Council as a nonpartisan body solely involvedin the technical aspects of broadcast regulation.During former President Kravchuk's tenure, the Governmentcreated a committee with broadly defined powers over all media(i.e., print, broadcasting, and publishing) to protect "statesecrets." These were broadly defined to include economic andnumerous other categories of information with the apparentpurpose of suppressing embarrassing information about theGovernment's performance. The law establishing the committeeprovided not only for censorship of the media but alsopenalties for anyone who published such information. PresidentKuchma dissolved the committee before it was able to exerciseits powers.The most serious threat to a free and open discussion of issuescame from criminal elements and organized crime. Somejournalists and editors reported they feared reprisals fromcriminal elements if they exposed how organized crime came tocontrol much of the economy, both private and state owned.However, as the year passed, the print media became more daringand courageous in discussing this subject. b. Freedom of Peaceful Assembly and AssociationThe Law on Public Assembly of 1989 stipulates thatorganizations must apply for permission to the respective localadministration 10 days before a planned demonstration.Participants in demonstrations are prohibited by law frominstigating violence or ethnic conflict and from calling forthe violent overthrow of the constitutional order.Demonstrations may not interfere with traffic, take place nearthe Rada when it is in session, or otherwise hinder publicorder. In Kiev, officials routinely granted permits.Unlicensed demonstrations were common and occurred withoutpolice interference, even at the Rada when it was in session.The 1992 law on public organizations prohibits the State fromfinancing political parties and other public organizations.According to the law, political parties may not receive fundsfrom abroad or maintain accounts in foreign banks. The lawprohibits organizations advocating the violent overthrow of theGovernment and constitutional order or undermining Ukraine'sstate security by collaborating with other states. It barspolitical parties from having administrative or organizationalstructures abroad. The law prohibits police authorities,members of the armed forces, and executive branch officialsfrom joining political parties, but many such personsnonetheless publicly associate themselves with specific parties.Political parties may be dissolved only by a court decision.The Supreme Court may dissolve a party for advocating theoverthrow of the State, for "anti-Ukrainian" activities, or forviolating or advocating the violation of the constitutionalrights of citizens. Because no party has been dissolved sinceindependence, the legal criteria have not yet been established.Immediately after the coup attempts of 1991, the Governmentbanned the Communist Party of Ukraine, which was an affiliateof the former Communist Party of the Soviet Union (CPSU). Manyformer members of the Communist Party thereafter participatedin establishing the Socialist Party of Ukraine. In December1993, the Government registered the Communist Party of Ukraineas a new party, and not as a successor party to the CPSU.Hence, former CPSU assets were not given to the new SocialistParty, although it continued to press the Rada for recognitionas the legal successor of the CPSU.Freedom of association is circumscribed by an onerousregistration requirement that lends itself to abuse andbureaucratic manipulation. Groups must be registered with theGovernment to pursue almost any purpose, whether commercial orphilanthropic. The Ministries of Justice, Economy, ForeignEconomic Relations, and the Councils on Religion andBroadcasting, among others, all have registration functionswhich they have used at one time or another to prevent citizensfrom exercising their right of free association for purposes ofwhich the Government does not approve.Not being registered has several important disadvantages, i.e.,unregistered groups are prohibited from having bank accounts,acquiring property, or entering into contracts. On the otherhand, the registration law gives the Government an unlimitedright to inspect the activities of all registered groups.According to this law, a registered group must (1) keep theGovernment apprised of all its activities, includingnotification of any meetings; (2) make its meetings open to allpersons at all times, regardless of whether or not they aremembers; and (3) upon request, present its registrationdocuments to any government official, including the prosecutor'soffice, and be ready to prove that it is in compliance with thepurposes of the group as set out in its registration documents.A change in a group's purposes necessitates reregistration. Aregistered group may not duplicate any function or service thatthe Government already provides. For instance, human rightslawyers who wish to represent prisoners are prohibited fromestablishing an association to do so, according to the Ministryof Justice, because the Government already provides lawyers forthe accused.Provisions of the law on registration, through bureaucratic andpolitical maneuvering, were used to vitiate sections of the1993 election law which governed the recent Rada elections.The election law expressly called for the establishment of anassociation of nonpartisan voters to supply nonpartisaninformation to the voters on the democratic process, thecandidates, and the parties. Despite such specific provisions,the Central Election Commission, which is responsible foradministering the election law, refused to register thecommittee and referred the group to the Ministry of Justice forregistry as a civic organization. It was reported that, whenconsulted by the Ministry of Justice, the Central ElectionCommission recommended that the Ministry not register thegroup. The Ministry of Justice, based in part on thatrecommendation, refused to register the committee, citing asone reason that it would be against the law for any group ofprivate citizens to arrange for informational meetings betweencandidates and the voters. Without registration, the committeewas effectively excluded from carrying out the functionsexplicitly provided for by Ukrainian law.In addition, the registration law has been used to prevent theissuance of visas to foreign missionaries (see Section 2.c.).Some human rights groups, despite having requested and beendenied registration, nevertheless operate, but always with therisk of being prosecuted. The Odesa prosecutor warned a humanrights group that was refused registration in Odesa that allmembers of the group would be arrested if they continued tooperate. c. Freedom of ReligionThere is no official state religion. The 1991 law on freedomof conscience and religion provides for the separation of churchand state and permits religious organizations to establishplaces of worship and train clergy. Religious organizationsare required to register with local authorities and with theGovernment's Council for Religious Affairs, a process thatgenerally lasts about 1 month. The State has not interferedwith the registration of minority religions requested byUkrainian citizens. The State has on occasion intervened indisputes over church property among the three rival Orthodoxchurches which claim jurisdiction over Orthodox Christians inUkraine. Church disputes practically dropped to nil in 1994,and the Government took an even-handed approach in these cases.Obstacles to complete religious freedom still exist at thelocal level where the bureaucracy in some places has delayedregistration of religious organizations. However, a religiousorganization may not be denied registration. Any grouprepresenting itself as a church may apply for registration.An amendment of the 1991 law, passed by the Rada on December23, 1993, has been used to restrict the activities of nonnativereligious organizations. It requires that "clergymen,religious preachers, teachers, other representatives of foreignorganizations who are foreign citizens and come to visittemporarily in Ukraine may preach religious doctrines,administer religious ordinances, or practice other canonicalactivities only in those religious organizations which invitedthem to Ukraine and with official approval of the governmentalbody that registered the statutes and the articles of thepertinent religious organization."Citing a desire to preserve Ukrainian culture, some governmentofficials have argued that restrictions on the activities ofnonnative religious organizations are appropriate. The Kievcity administration has not responded thus far to applicationsby non-Ukrainian Mormon missionaries and others for visas.Some local authorities refused to respond officially to therequests but stated in private that they will not grant visasbecause of the opposition of the Ukrainian Orthodox Church.When the Mormon church continued to press its case for visas,some members of the Council on Religious Affairs threatened toderegister the Mormon church if it did not cease its efforts.As one of his first presidential acts, President Kuchmadisbanded this Council and directed that a new committee beformed under the supervision of the Minister for Nationalities,Migration, and Religious Denominations. At year's end, it wasnot yet clear whether this would affect government restrictionson foreign religious workers.Jews, the second-largest minority in the country, have expandedopportunities to pursue their religious and cultural activities,but anti-Semitic incidents continue to occur. The nationalGovernment has protected the rights of the Jewish community andspeaks out against anti-Semitism. However, nongovernmentalmanifestations of anti-Semitism continue, exemplified by thegrowth of an ultranationalist extremist group in westernUkraine having anti-Semitism as a tenet. The group appliedfor, but was refused, registration as a political party at thenational level. The city of L'viv did permit the group toregister, and it may now operate there openly. Anti-Semiticarticles continue to appear in some local newspapers,especially in western Ukraine and Kharkiv, and there have beenreports of new anti-Semitic periodicals. Jewish cemeterieshave been desecrated. In L'viv, the Jewish community asked toerect a monument at what is said to be the only former Germanconcentration camp in Europe without a memorial. L'vivofficials refused permission. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationFreedom of movement within the country is not restricted bylaw, but the requirements to register at the workplace andplace of residence determine eligibility for social benefits.People who move to other regions for work in the privateeconomy, for instance, may not be eligible for registration andtherefore may not be able to use medical facilities unless theypay very high fees in hard currency.Ukraine assures the right of return for all those it considersits citizens. Persons born in Ukraine and living in Ukraine atthe time of independence are considered citizens. The right ofreturn is available to people born in Ukraine who left thecountry prior to independence and did not assume anothercitizenship. Dual citizenship is not recognized.Before the precipitous decline in its finances in 1994, theGovernment had an extensive assistance program for theresettlement of returnees. It provided resources for thereturn not only of Ukrainians living in Russia and elsewherebut also the Tatars to Crimea and the Volga Germans to southernUkraine. By 1994, 250,000 Tatars had returned to Crimea. In1994 the Government was no longer able to provide assistance,but it did not put any impediments in the way of the Tatars'continuing return.</text>
</content>
<name>Ukraine </name>
<script></script>
</card>
card_73352.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: UGANDA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government permits a variety of local NGO's concerned withhuman rights to operate, although it monitors these and relatedorganizations if their activities touch prohibited politicalareas (see Section 2.b.).Of 15 nongovernmental human rights organizations, 5 activelymonitor human rights abuses: The Foundation for Human RightsInitiatives, the Uganda Human Rights Activists, the Ugandan LawSociety, the Ugandan Chapter of the International Women'sLawyers Association (FIDA), and Action for Development. TheFHRI regularly visits prisons to monitor conditions andsupports penal reform efforts. FIDA concentrates on casesinvolving women and children. The Ugandan Human RightsActivists publish a quarterly report, which regularly reportson human rights abuses and prison conditions. The Governmentdoes not interfere in the operation of these groups.The Uganda Human Rights Commission, created by the Governmentto investigate human rights abuses prior to 1986, published aseries of reports in October recommending both legal action inspecific incidents of past human rights abuses and legal andadministrative reform to prevent the recurrence of violations.In one case investigated by the Commission, 7 men were broughtto trial in Mbarara in August for the murder of 16 Muslims in1979, shortly after the fall of Idi Amin. The court releasedtwo of the seven for lack of evidence; it convicted five inOctober and sentenced them to death.The Government allows access to Uganda by international humanrights monitoring groups. Amnesty International visitednorthern Uganda in November with full official cooperation.The Office of the Inspector General conducted three workshopsfor the army and police during the year, in conjunction withthe Swedish Raoul Wallenburg Foundation, the ICRC, the UNHCR,and other NGO's. The official and private media give broadpublicity to published international reports on Uganda's humanrights problems.The Government created several bodies in 1994 to monitor humanrights in Uganda. Following a February 1993 presidentialdirective, the Resistance Councils in all districts set uphuman rights subcommittees to monitor local human rightsviolations. A Human Rights Desk was established within theMinistry of Justice to produce reports from thesesubcommittees. The Desk's first report for 1994 was still inprogress at year's end. The Human Rights Desk held workshopswith the National Resistance Army in Kampala, Gulu and Mbaleduring 1994 and sponsored a workshop for RC-1 members on humanrights issues in August.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe 1967 Constitution prohibits discrimination based on thesecategories, except in the case of disability. The draftConstitution includes explicit reference to the disabled aswell. WomenTraditional and widespread discrimination against womencontinues, especially in rural areas. Many customary laws aredisadvantageous to women in the areas of adoption, marriage,divorce, and devolution of property on death. Women may notown or inherit property or have custody of their children undercustomary law. Divorce law sets stricter evidentiary standardsto prove adultery for women than for men. Women cannot sponsora foreign-born spouse or the children of such a union forcitizenship, whereas foreign women who marry Ugandans and thechildren of those marriages automatically receive citizenship.Married women need their husband's signatures on their passportapplication forms before they receive a passport. Women domost of the agricultural work but own only 7 percent of theland.Domestic violence, including rape, is common, and there are nolaws to protect battered women apart from a general law onassault. Public and law enforcement officials view wifebeating as a man's prerogative and rarely intervene in cases ofdomestic violence. Women are more likely to sue for divorcethan to raise assault charges against their husbands whilestill married. ChildrenThe Government has severely limited resources to devote tochild welfare. As a result of past civil war and the AIDSscourge, the number of orphans is thought to exceed 1 million.Child abuse remains a serious problem. Corporal punishment iscommon in some schools. The press reports regularly on casesof rape, with victims, mostly girls, of increasingly youngerages. In 1993 the NRC amended the law to define as minorsthose rape victims under the age of 18. The Governmentoccasionally prosecutes rape cases, but convictions andpunishment are rare. Observers attribute increasing reports ofchild beating and molestation to the breakdown of thetraditional village family structure and to social dislocationscaused by war and urbanization.Female genital mutilation is not widespread, but it ispracticed by some groups in eastern Uganda, notably the Sebei.There is no law against the practice. The Government andwomen's groups are working to stop the practice througheducation. National/Racial/Ethnic MinoritiesApproximately 40 African ethnic groups constitute the vastmajority of the population of Uganda, with tiny percentages ofAsians and Europeans. Asians, expelled by Idi Amin in theearly 1970's, have continued to return to Uganda under thecurrent Government's policy of adjudicating claims toconfiscated property.Ethnic divisions between Bantu-speaking peoples in the southand Nilotic speakers in the north have been aggravated by civilconflict since Uganda's independence. However, only a fewminority populations have truly suffered discrimination, suchas the Pygmies and the Bakonjo of the Ruwenzori mountains, whowere once slaves within the traditional kingdoms, and theKaramajong, independent cattle herders in eastern Uganda, whomother Ugandans consider to be violent and underdeveloped. Noneof these groups participates fully in Ugandan society,government, or educational institutions. People with DisabilitiesThe law does not mandate accessibility to buildings orgovernment services for the disabled. Widespreaddiscrimination by society and employers limits job andeducational opportunities for those with physicaldisabilities. A small office within the Ministry of LocalGovernment tries to assist disabled Ugandans but lackssufficient funding.Section 6 Worker Rights a. The Right of AssociationThere is no single labor code, but a combination of lawsprovides for the right of workers to form unions, and since1993 this right has been extended to civil servants. However,many "essential" government employees are still not permittedto form unions; these include the police, army, permanentsecretaries in the ministries, heads of departments andstate-owned enterprises, school principals, and othermanagement level officials.The National Organization of Trade Unions (NOTU), the largestlabor federation, includes 15 unions and is independent of theGovernment and political parties. NOTU's influence on theoverall economy remains marginal, since about 90 percent of thework force consists of peasant farmers. According to the1988-89 census, about 20 percent of an estimated 400,000workers in the industrial or modern wage sector of the economyare unionized. There is almost no unionization in the largeagricultural sector, much of which is subsistence farming.At the end of the year, Ugandan labor law was undergoing majorreshaping pending introduction of the new constitution. Atripartite committee composed of several government ministries,NOTU, and the Federation of Uganda Employers, reviewed draftimplementing legislation covering such subjects as a minimumwage, dispute resolution mechanisms, and occupational healthand safety standards.The law provides for the right to strike, but the Governmentinsists that labor and management (often a government entity)make every effort to reconcile labor disputes before resortingto strike action. If reconciliation is not possible, labormust submit its grievances and notice to strike to the Ministerof Labor, who, under the Trade Disputes Arbitration andSettlement Act, has the option of referring the dispute to theIndustrial Court. There is no law prohibiting retributionagainst strikers.There were at least 20 strikes among both unionized andnonunionized labor, including those by doctors and healthworkers, railway workers, teachers, university professors, andtaxi drivers.Labor unions freely exercise the right to affiliate with andparticipate in regional and international labor organizations. b. The Right to Organize and Bargain CollectivelyThe law provides for the right to organize and bargaincollectively, but true collective bargaining takes place onlyin the small private sector of the modern (wage) economy. Inthe modern sector, the Government is by far the largestemployer (civil service and state-owned enterprises) and itdominates the bargaining process. The Government has, however,adopted a tripartite (government-employers-labor) cooperativeapproach to setting wages and resolving labor issues. Both theGovernment and employers may refer disputes to the IndustrialCourt. The law does not prohibit antiunion discrimination byemployers, but there were no reported incidents of governmentharassment of union officials.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe law prohibits compulsory labor. However, there is evidencethat forced prison labor is employed on private farms andconstruction sites. d. Minimum Age for Employment of ChildrenEmployers are prohibited by law from recruiting workers belowthe age of 18, and there is no child labor in the formalsector, including the export industries. However, manychildren are employed in the informal sector, often on familysubsistence farms or, in urban areas selling small wares on thestreets, or working as domestics. The Ministry of SocialServices is charged with enforcing the Law on Child Labor, butdoes so only in the industrial sector. There are no minimumeducation requirements. e. Acceptable Conditions of WorkNeither the law nor the Government sets an explicit minimumwage policy. Wages are set by negotiation between unions andemployers or by the boards of directors of state-ownedindustries. Salaries are usually combined with otherincentives (housing, transport allowances) which often equalbase wages. The Ministry of Labor's salary scale for civilservants starts with unskilled labor earning $44 to $77 permonth (40,000 to 70,000 shillings), skilled labor (such asclerks or drivers) $55 to $133 per month (50,000 to 120,000shillings), supervisor $155 to $333 per month (140,000 to300,000 shillings), all with paid overtime. The higher end ofthese salaries would begin to support a family. However, wagesin general are insufficient to support a family, and many civilservants and other workers must find second jobs, grow theirown food, or seek other ways to feed their families.Although there is no legal maximum workweek, the normalworkweek is 40 hours, and time and a half is paid for eachadditional hour worked.The only occupational health and safety legislation iscontained in the outdated Factories Act of 1954, which does notaddress many present-day working hazards, such as permittingworkers to excuse themselves from dangerous work situationswithout jeopardy to continued employment. The Ministry ofLabor's Department of Occupational Health is responsible forenforcement, but in practice inspections are rare.</text>
</content>
<name> </name>
<script></script>
</card>
card_73102.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: UGANDA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 UGANDAPresident Yoweri Museveni and his National Resistance Movement(NRM) continued to rule Uganda through the National ResistanceCouncil (NRC) and an appointed Cabinet since taking power in1986. The President dominated the Government, the NRC, and theextended transition process to constitutional government. InMarch citizens elected individual members to a ConstituentAssembly charged with debating and ratifying a constitution.The elections were open to all candidates and internationallyrecognized as reflecting the will of Ugandans, althoughpolitical parties were not permitted to sponsor candidates. Atthe end of the year, the Constituent Assembly had still notcompleted its work, and the Government extended the ConstituentAssembly's mandate for an additional 6 months to June 1995.The National Resistance Army (NRA) remains the key internal andexternal security force. In rebuilding the police force, theGovernment reduced the NRA from 90,000 members in 1990 to under50,000 in 1994. The Army, along with local defense units(LDU's), assists the police in rural areas. The LDU's operatewithout a clear legal mandate. The professionalism of theUgandan police continued to improve, but police committed somehuman rights abuses, and much of the force remains ill-trained,poorly equipped, and corrupt. In August the Governmentestablished a home guard force to assist with thecounterinsurgency effort.Beginning in February, the Government faced a renewedinsurgency threat in the north from a group calling itself theLord's Resistance Army (LRA), led by Joseph Kony, whichcommitted egregious human rights abuses, including murder,rape, and kidnaping. In countering the threat, there were alsocredible reports that the NRA and LDU's committed seriousviolations, including extrajudicial killings in March anddetention of civilians without charge.Primarily based on agriculture, the economy showed stronggrowth--about 4 percent--in 1993-94. Coffee remained the chiefexport crop and foreign exchange earner, but modest increasesin tobacco, cotton, and tea exports also contributed to theimproved outlook. Despite massive rural poverty, theGovernment continued to implement a tough economic reformprogram. Uganda also continued to depend heavily on foreignaid, which amounted to 60 percent of government spending in1993-94.Although the Government continued to pledge support fordemocracy and respect for human rights, it also carefullycontrolled the steps toward constitutional change. TheGovernment maintained prohibitions on certain political partyactivities and limited freedoms of speech, press, and peacefulassembly. It arrested two politicians in March and twojournalists in October on spurious sedition charges, and inAugust and September prohibited three seminars onconstitutional issues.In the renewed insurgency in the north, the LRA rebelscommitted most of the human rights abuses against civilians.In response to the threat, the NRA committed a number ofserious abuses. Elsewhere, army and police officials sometimestortured criminal suspects, particularly after arrest, andbeatings during interrogation were common. The Government, theNRA, and the police took measures to increase the discipline,training, and, in some instances, punishment of securityofficials. Both police and NRA officials responsible for humanrights abuses were prosecuted for such violations, but thedisciplinary measures varied from one command or magistrate toanother. Discrimination against women, domestic violence, andthe rape of women and children remained serious social problems.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no known instances of political killings. However,in the insurgency fighting there were a number of extrajudicialkillings by both the NRA and insurgent forces (see Section1.g.).There were also a few reported incidents in which villageResistance Council (RC-1) and LDU personnel tortured or killedcriminal suspects. For example, in November in Mengo, two RC-1officials and an LDU member reportedly tortured a suspectedthief to death.In handling an antitax demonstration in Iganga in January,during which angry demonstrators tried to overrun a policestation, the police used excessive force by firing into thecrowd, killing two persons. However, press reports indicatedthat the police did not shoot unprovoked into the crowd. TheGovernment received the results of the official investigationof the incident on December 30. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentNRA officials and police commonly beat suspected criminals,usually at the time of arrest or interrogation, and often forthe purpose of forcing confessions. There were also crediblereports of isolated incidents in which security forces usedother forms of torture. The Government investigated somereported cases and tried and punished some offenders.There were instances of mobs attacking suspected thieves andother offenders caught committing a crime. These mobs engagedin stonings, beatings, and other forms of mistreatment, such astying the suspect's wrists and ankles together behind theback. The authorities rarely prosecuted persons engaged inadministering mob justice.Prison conditions remain harsh, due primarily to the nation'spoverty and budgetary restrictions. Uganda maintains twoprison systems; one state-funded and run by the Ministry ofInternal Affairs, and a second rural-based under the Ministryof Local Government. Conditions are particularly harsh in thelocal prisons which receive no central government funding.These local administrative prisons, together with militaryprisons, have a very high mortality rate from overcrowding,diseases spread by unsanitary conditions, malnutrition, andAIDS, a disease which is pandemic among the generalpopulation. In 1993 there were 508 prison deaths. Juvenilesare kept in prison with adults. Women have segregated prisons,with female staff, and as a result rape does not appear to be aproblem among women prisoners.Pretrial detainees comprise over half of the prisonpopulation. In August there were 11,761 total prisoners, ofwhich 4,253 had been convicted, with over 7,500 held inpretrial detention. In October, primarily to ease theovercrowding, the President pardoned 800 prisoners, includingthe terminally sick, the aged, and breast-feeding mothers, butexcluded those charged with capital offenses. The U.N.Development Program and nongovernmental organizations (NGO's)have started programs for training wardens, counselingprisoners, and providing supplementary food and drugs for AIDSvictims in prison.The Government permitted full access to prisons by theInternational Committee of the Red Cross (ICRC) and localNGO's, principally the Foundation for Human Rights Initiatives(FHRI) and the Law Society. Prison authorities require advancenotification of visits, a process that is often subject toadministrative delays. d. Arbitrary Arrest, Detention, or ExileUnder Ugandan law, a suspect must be charged within 24 hours ofarrest and be brought to trial or released on bail within 240days (480 days for a capital offense). The authoritiesenforced neither requirement. Other extant laws, such as thePublic Order and Security Act of 1967 (the Detention Order),provide for unlimited detention without charge, but these lawshave never been invoked by the NRM Government. Legal and humanrights groups sharply criticized the excessive length ofdetention without trial, in many cases amounting to severalyears. Acknowledging the problem, the Constituent Assemblyreduced the length of detention to a maximum of 120 days (360for a capital offense) in the projected new constitution.The Government detained both civilians and military personnelon suspicion of treason but did not formally charge anyone withtreason in 1994. The NRA detained approximately 170 civiliansin northern Uganda for suspected collaboration with the LRA.Of these, it released 34 in October and November and 70 inearly December. Some persons had been held since February.The Government permitted both the ICRC and AmnestyInternational to visit the detainees. The NRA held 26 rebelprisoners in Gulu at year's end. The Government alsotemporarily detained journalists and political party leaders(see Sections 2.a. and 2.b.).The Government does not use exile as a means of politicalcontrol. A presidential amnesty for former rebels remains ineffect although those who return may be prosecuted for criminalacts they may have committed in the past. Several prominentUgandans returned from exile in 1994, including Sam Luwero, aformer insurgent leader of the Uganda National Liberation Army,Aggrey Awori, a former ambassador, who was elected to theConstituent Assembly in March, Major General Yusuf Gowon, Chiefof Staff under Idi Amin, and Col. William Omaria, Minister ofState for Internal Affairs under former president Milton Obote. e. Denial of Fair Public TrialPending anticipated constitutional changes, the regular courtsystem consists of magistrates courts, the High Court, and aSupreme Court. The military maintains an independent system ofcourts-martial for military offenders. The civilian judicialsystem contains procedural safeguards, including the grantingof bail and appeals to higher courts. While the judiciary isgenerally independent, the President has extensive legalpowers, including the power to appoint the four members of theJudicial Service Commission which makes recommendations on HighCourt and Supreme Court appointments. The Commission mustconcur in the dismissal of a magistrate.In addition to the regular court system, the village RC-1'shave the authority to settle traditional civil disputes,including land ownership and payment of debts. The RC-1courts, often the only ones available to villagers, frequentlyexceed their authority by hearing criminal cases, includingmurder and rape. RC-1 decisions may be appealed in magistratescourts, but often there are no records made of the case in theRC-1's, and many defendants are not aware of their right toappeal.The right to a fair trial in Uganda has been circumscribed inrecent years by an inadequate system of judicial administrationand resources resulting in a serious backlog of cases, thereluctance of military authorities to respect civilian courtorders, and the failure to provide due process safeguards inmilitary courts. The Commission of Judicial Inquiry,established in 1993 to investigate the mismanagement ofcriminal cases, criticized the excessive delays in theinvestigation and prosecution of cases by the police and thecourts. The Commission made extensive recommendations for moreexpeditious processing of cases, elimination of the legalprovisions for lengthy detention, increased training andfunding for police investigations, and restructuring of theoffice of public prosecution to oversee all criminal cases.In June the High Court reported it had over 100 cases pendingconsideration. Criminal cases may take 2 or more years toreach the courts. Many defendants cannot afford legalcounsel. The Government provides attorneys for indigentdefendants only for capital offenses. The Ugandan Law Societyoperates legal aid clinics in four regional offices and assistsmilitary defendants as well as civilians.The military court system does not assure the right to a fairtrial. Although the accused has the right to legal counsel,the defense attorney is often untrained and may be assigned bythe military command, which also appoints the prosecutor andthe adjudicating officer. The sentence passed by a militarycourt, which may invoke the death penalty, may be appealed tothe high command, but not to the High or Supreme Courts.The number of political prisoners (as distinct from politicaldetainees) held by the Government at year's end was unknown.The courts continued to process the appeals in approximately 12cases of past political convictions for treason. In January,in the appeal case of Professor Isaac Newton Ojok, a formerMinister of Education under Milton Obote, the High Courtacquitted him, overturning his 1991 conviction for treason andsentence to death. Similarly, the Supreme Court annulled theprevious conviction (and death sentences) for treason in 1992of Hofni Topacho Ogentho, Noan Habbas, and Philip AbothKerunen; the three men were set free in March. Also, inOctober the High Court acquitted Brigadier Opon Acak and AhmedOginy in one of the few remaining treason trials. The trial ofColonel Ahmed Kashilling on the same charges was continuing atyear's end. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Government does not generally intrude in the privacy,family, or home of citizens. The law requires that the policehave search warrants before entering private homes or offices,and this law is generally observed in practice. However, thepolice searched vehicles for weapons at checkpoints withoutprior warrants. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsThere were new violations of humanitarian law, committed bothby government forces, and especially by the Lord's ResistanceArmy (LRA), led by Joseph Kony. Kony is estimated to haveapproximately 250 to 300 followers, although most of hissupport is reportedly gained through intimidation. LRA rebelsoperate guerrilla-style in groups of 5 to 10; it is unclearwhat, if any, political goals the group seeks. The LRA resumedattacks on officials and civilians in northern Uganda, killing,raping, and abducting large numbers of civilians, and burninghomes, granaries and other property. The group also mutilatedsome of its victims, cutting off limbs or disfiguring faces.Kony's rebels killed over 100 civilians and abducted over 230civilians in the February through October period.Starting in August, the insurgents used land mines to blocknorthern roads. These mines interfered with humanitarianrelief operations for southern Sudan and Sudanese refugee campsin northern Uganda. Land mine explosions killed civilians aswell as soldiers. The NRA provided armed escorts to reliefconvoys after the United Nations and NGO's requested protection.In responding to the attacks, the NRA reportedly committedsimilar abuses. Newspapers reported that the NRA killed 5civilians in one village and 15 in another, raped women, andburned property in February and March. In July, after the NRAchanged army commanders in the north, military disciplineimproved, and some soldiers suspected of abuses were tried incourts-martial and punished. Toward the end of the year, Konyand a number of his followers reportedly fled to Sudan. Thelevel of the insurgency was reduced, with few reported attacksby the rebels in the final quarter of the year.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe NRM Government restricts freedom of political speech andthe press in a variety of ways but has not invoked censorshiplaws from previous regimes. Open debate occurs in theConstituent Assembly, in the NRC, in the press, and in manypublic forums. While there is also direct criticism ofPresident Museveni in the media, such public criticism ofhigh-level officials, including the President, runs the risk oflegal sanctions (see below).Some 15 newspapers and magazines publish a wide range ofviewpoints covering the political spectrum, including partynewspapers. The government-owned newspaper, the New Vision,accurately reported on corruption in government and humanrights abuses. The Government controls one television (UTV)station and a radio station, and in 1994 two private radiostations and one private television station beganbroadcasting. Although these stations are not yet able toreach the entire country, in Kampala they have become far morepopular than the government-run stations. At year's end, allthree private stations had fledgling news services andbroadcast British Broadcasting Corporation or Voice of Americanews programs. The Government has encouraged the developmentof the private media. During the preelection period, UTV andRadio Uganda gave equal time to the NRM and the politicalparties to expound their views.The Government restricted freedom of speech and the press bypublicly harassing opposition leaders through short detentionsand legal actions on vague sedition charges. In March thepolice arrested two Uganda People's Congress (UPC) leaders andthreatened acting UPC Secretary General Cecilia Ogwal witharrest for publishing the UPC party's manifesto for theelection campaign. The authorities released the two arrestedpoliticians on bail, and Ogwal continued to campaign, winningher seat in the Constituent Assembly by a large majority. InOctober police arrested Ogwal and another Constituent Assemblydelegate, Patrick Mwondha, for attempting to address a crowdgathered in Iganga. In April the police questioned theeditorial staff of the Monitor newspaper and later arrested theMonitor's editor on charges of criminal libel for publishing astory critical of several cabinet ministers; they dropped thecharges the following day. The authorities arrested TeddyCheeye, the editor in chief of Uganda Confidential, for failingto appear in court in violation of his bond for 1993 charges ofsedition. While Cheeye was able to publish regularlythroughout the year, he continued to defend himself againstseveral different lawsuits for publishing allegedly defamatoryand seditious articles about the President and his wife,cabinet ministers, and other prominent Ugandans.In September the NRC began to consider the Ugandan Mass Mediaand Press Bill, first introduced in 1991 and set aside severaltimes for revision. The journalists' associations haveprotested the bill's provisions for licensing all journalistsand publications, the establishment of a media council tomonitor and discipline journalists, and the instituting ofdistrict censorship boards. The NRC rejected the bill asdrafted and sent it to a committee which has consulted withjournalists and other interested parties. At year's end,revisions of the bill were still in progress.A considerable degree of academic freedom exists at Uganda'sfive public and three private universities, with no governmentinterference in teaching, research, or publication. However,professors appear to exercise caution rather that test thelimits of their academic freedom. Students have sponsoredwide-ranging political debates in open forums on campus.The Museveni Government requires many government officials totake NRM political education and military science courses knownas "Chaka Mchaka." These courses seek to indoctrinateofficials in the NRM positions, including Museveni's viewagainst multiple political parties. b. Freedom of Peaceful Assembly and AssociationThe Government restricts these freedoms despite constitutionalguarantees. It arbitrarily limits peaceful assembly by denyingpermits for public gatherings and barring rallies by politicalparties. The police issue administrative permits for publicgatherings but have the right to deny permits in the interestof public safety. In August and September, police barred twoseminars on federalism sponsored by the Crusade forConstitutional Governance, an NGO. In the first instance, thepolice cited security reasons and refused to issue a permit forthe outdoor meeting. In the second, after granting the Crusadea permit for a September 25 seminar, the police revoked it justbefore the meeting was to begin. In both instances, armedpolice officers cordoned off the meetings sites and refusedentry to participants and the public. Also, during the 1994election campaign, the Government did not permit ConstituentAssembly candidates to hold individual rallies, nor permitpolitical parties to call public meetings to supportcandidates. The Government's statute for the electionsprescribed the format of candidates' meetings, allowing allcandidates equal time to address the public.In February the election Commission withdrew accreditation fromthe National Organization for Civic Education and Monitoring(NOCEM), an umbrella group of 14 NGO's, for conducting civiceducation before the election, after the Commission receivedcomplaints from government officials that NOCEM was partisan.The Commission allowed NOCEM to continue its monitoringactivities through the election in March. NOCEM applied forregistration as an NGO but was not registered before the year'send; all the member organizations of NOCEM had been previouslyregistered. c. Freedom of ReligionThe 1967 Constitution and the draft constitution provide forfreedom of religion, and the Government respects this right.There is no state religion, and a variety of religions arefreely practiced. While the Government requires religiousgroups to register as NGO's, it does not use this requirementto curtail religious activities by any group. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationGrowing insecurity in northern Uganda restricted freedom ofmovement due to bandit and rebel attacks on travelers, and,starting in August, the insurgents' use of land mines onnorthern roads.Ugandans are free to emigrate and to travel abroad. Ugandaaccommodates over 350,000 refugees from Sudan, Rwanda, Zaire,Somalia, and other countries. The Government cooperated withthe U.N. High Commissioner for Refugees (UNHCR) and otherhumanitarian organizations in assisting refugees. There wereno reports of forced expulsion of those having a valid claim torefugee status. The Government signed an agreement with theUNHCR and Zaire in August, allowing for the repatriation ofUgandan refugees from Zaire.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentUnder the 1967 Constitution, citizens have the right to changetheir government, but they will not be able to exercise thisright until the new constitution is in place and presidentialand parliamentary elections are held. In March the firstgenerally free and fair election was held to electrepresentatives to the Constituent Assembly, charged withdrafting and approving a new constitution. Although politicalparties were not permitted to sponsor candidates or holdrallies, opposition party members could stand as individualsfor elections, and many won seats (see Section 2.b.). The282-member Assembly began deliberations in May on the newconstitution, but did not complete its work by December asstipulated in the statute. The NRC extended its mandate untilJune 1995.President Museveni continued to hold power as Chief Executive,Minister of Defense, and Chairman of the National ExecutiveCouncil. In November the President appointed a new Cabinetthat included members of all three major opposition parties,the Democratic Party, the United People's Congress (UPC), andthe Conservative Party. However, these Cabinet members'portfolios were generally less powerful than in the past.Also, there were few meaningful checks and balances onpresidential power in place. Museveni has repeatedly andpublicly stated his opposition to multiparty politics but hassaid that he will accept such a system if it emerges from thedeliberations on the new constitution.The Government has encouraged the participation of women ingovernment and allocated special seats for women in the NRC andthe Constituent Assembly. The President appointed Dr. SpeciozaKazibwe as the first female Vice President in November. Womenhold positions of responsibility at all levels of governmentand within some of the political parties, one of which (theUPC) has a woman as its highest acting official. In the NRC,women held 43 of the 264 positions, and 5 of the 48 governmentministers and ministers of state are women. There are 48 womenin the Constituent Assembly.</text>
</content>
<name>Uganda </name>
<script></script>
</card>
card_72855.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TUVALU HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 TUVALUTuvalu, with about 9,500 people, occupies a land surface area of 26 square kilometers on 9 atolls in the central South Pacific. The population is primarily Polynesian. Tuvalu became independent from the United Kingdom on October 1, 1978, and it is a member of the Commonwealth of Nations. Its Constitution provides for a Westminster-style parliamentary democracy. Tuvalu's Head of State is the British Queen, represented by the Governor General who must be a Tuvaluan citizen.A 32-member police constabulary, the only security apparatus, is responsible to and effectively controlled by civilian authority.The economy, primarily subsistence based, relies mainly on coconuts, taro, and fishing. Tuvalu depends heavily on foreign aid, mainly from Australia, New Zealand, Japan, and Taiwan. Remittances from Tuvaluans working abroad and the sale of commemorative and thematic postage stamps and of fishing licenses to foreign vessels provide additional sources of foreign exchange. Tuvalu's isolation and meager natural resources severely limit prospects for economic self-sufficiency.Tuvaluan society is egalitarian, democratic, and respectful of human rights. Social behavior, as determined by custom and tradition, however, is considered as important as the law and is ensured by the village elders. Land is also key to much of the structure of Tuvaluan society. There were no reports of specific human rights abuses in 1994. However, in the traditional culture of the islands, women occupy a subordinate role, with limits on their job opportunities, although recently there has been substantial effort to accord women equality in employment and decisionmaking.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of politically motivated or other extrajudicial killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution forbids torture and inhuman or degrading punishment, and there were no reported instances of such practices. Local hereditary elders exercise considerable traditional authority--including the seldom invoked right to inflict corporal punishment for infringing customary rules--which can be at odds with the national law. d. Arbitrary Arrest, Detention, or ExileConstitutional safeguards against arbitrary arrest and detention are observed in practice. There is no exile. e. Denial of Fair Public TrialThe judicial system consists of the higher courts, namely, the Privy Council, the Court of Appeal, and the High Court; and the lower courts, i.e., those of the senior and resident magistrates, the island courts, and the land courts. The Chief Justice, who is also Chief Justice of the neighboring island nation of Nauru, sits on the High Court about once a year.The right to a fair public trial is ensured by law and observed in practice. The Constitution provides that accused persons must be informed of the nature of the offenses with which they are charged and be provided the time and facilities required to prepare a defense. An independent people's lawyer is ensured by statute. The services of this public defender are available to all Tuvaluans free of charge. 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. Tuvalu has no political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Government adheres in practice to the legal protection of privacy of the home. It does not arbitrarily intrude into the private life of the individual.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Government respects in practice freedom of speech and press. Tuvalu has a radio station under government control. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for freedom of assembly and association, and there are no significant restrictions in practice. c. Freedom of ReligionThe Constitution provides for separation of church and state and imposes no restrictions on freedom of religion. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens are free to travel within the country and abroad. The Government does not restrict repatriation. Tuvalu has no refugees or displaced persons.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe people freely and directly elect a 12-member unicameral Parliament, whose normal term is 4 years. Each of Tuvalu's nine atolls is administered by six-person councils, also elected by universal suffrage to 4-year terms. The minimum voting age is 18 years.The Cabinet consists of the Prime Minister, elected by secret ballot from among the Members of Parliament, and up to four other ministers, appointed and removed from office by the Governor General with the advice of the Prime Minister. The Prime Minister may appoint or dismiss the Governor General on behalf of the British Monarch. There are no formal political parties in Tuvalu. The Prime Minister may be removed from office by a parliamentary vote of no confidence.In an effort to cement his leadership, Prime Minister Kamuta Latasi in June named Tulaga Manuella to be the Governor General, replacing Toomu Sione, who had served in that position only for 7 months. Latasi revoked Sione's appointment on the grounds that it was a political appointment from the last days of former Prime Minister Paeniu's government.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere have been no reported allegations of human rights violations by the Government and no known requests for investigations. While no known barriers block their establishment, there are no local nongovernmental organizations that concern themselves with human rights. Tuvalu is not a member of the United Nations.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenThe Constitution prohibits discrimination on the basis of race, creed, sex, or national origin. Women increasingly hold positions in the health and education sectors. This trend was partly due to former Prime Minister Paeniu, who favored greater opportunities for women. Paeniu named women among his senior advisers, including them in his Cabinet. Although the current Prime Minister has not appointed any women to his Cabinet, he has encouraged the participation of women in other areas of the Government, especially in the Tuvaluan Education for Life program.Violence against women is rare in Tuvalu. If wife beating occurs, it is infrequent and has not become a source of societal concern. ChildrenThere are no reports of child abuse. If it does occur, it is rare. The Government is committed to children's human rights and welfare and provides commensurate funding for children's welfare within the context of the total resources available to the State. People with DisabilitiesAlthough there are no mandated accessibility provisions for the disabled, there are no known reports of discrimination in employment, education, or provision of other state services.Section 6 Worker Rights a. The Right of AssociationWorkers are free to organize unions and choose their own labor representatives, but most of the population lacks permanent employment and is engaged in subsistence activity. The law provides for the right to strike, but no strike has ever been recorded.In the public sector, the country's civil servants, teachers, and nurses--who, taken together, total less than 1,000 employees--are grouped into associations which do not presently have the status of unions. The only registered trade union, the Tuvalu Seamen's Union, has about 600 members, who work on foreign merchant vessels. The Seamen's Union is a member of the International Transportation Workers' Federation. b. The Right to Organize and Bargain CollectivelyThe Industrial Relations Code (1978) provides for conciliation, arbitration, and settlement procedures in cases of labor disputes. Although there are provisions for collective bargaining, the practice in the private sector is for wages to be set by employers. For both the private and public sectors, the legal procedures for resolving labor disputes noted above are seldom used; instead, the two sides normally engage in nonconfrontational deliberations in the local multipurpose meeting hall.Tuvalu is not a member of the International Labor Organization.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborArticle 74 of the Tuvalu Employment Ordinance (1978) prohibits forced or compulsory labor, and there have been no reports of either being practiced. d. Minimum Age for Employment of ChildrenThe Employment law prohibits children under the age of 14 from working. Education is compulsory for children from 6 through 13 years of age. The law also prohibits children under 15 years of age from industrial employment or work on any ship and stipulates that children under the age of 18 years are not allowed to enter into formal contracts, including work contracts. Children are rarely employed outside the traditional economy. e. Acceptable Conditions of WorkThe modest minimum wage, set administratively by the Government, is sufficient to allow a worker and family in the wage economy to maintain a decent standard of living. The present minimum wage in the public (government) sector is $0.40 per hour ($A0.55) per hour. This rate applies regardless of sex and age. In most cases, the private sector adopts the same minimum wage rate.The Labor Office may specify the days and hours of work for workers in various industries. The workday is legally set at 8 hours. The majority of workers are outside of the wage economy. The law provides for rudimentary health and safety standards. It requires employers to provide an adequate potable water supply, basic sanitary arrangements, and medical care. Specific provisions of the law provide for the protection of female workers. The Ministry of Labor, Works and Communications is responsible for the enforcement of the rudimentary safety and health regulations but is able to provide only minimum enforcement.</text>
</content>
<name>Tuvalu </name>
<script></script>
</card>
card_72530.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TURKMENISTAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 TURKMENISTANTurkmenistan, a one-party state dominated by the President and his closest advisers, made little progress in 1994 in moving from a Soviet-era authoritarian style of government to a democratic system. A national referendum held on January 15 extended until 2002 the term of office of Saparmurad Niyazov, head of the Communist Party from 1985 to its dissolution and President since October 1990 when the post was created. The Democratic Party of Turkmenistan, the old Communist Party under a new name, retained its monopoly on power; the Government registered no opposition parties in 1994 and by its actions continued to inhibit opposition political activities. Only government-approved candidates were permitted to contest the December 11 parliamentary elections, in which all 50 candidates ran unopposed. Emphasizing stability over reform, the President's nationbuilding efforts continued to focus on renewing Turkmen nationalism, a feature of which has been a personality cult around the President.The Committee on National Security (KNB) has the responsibilities formerly held by the Soviet Committee for State Security (KGB), with membership and operations essentially unchanged. The Ministry of Internal Affairs directs the criminal police, which works closely with the KNB on matters of national security. These agencies have been responsible for human rights abuses in enforcing the Government's policy of repressing political opposition.Turkmenistan remained a centrally planned economy, although the Government continued to take small steps to reduce state intervention, e.g., by phasing out the state order system. Turkmenistan is the world's fourth largest producer of natural gas and is heavily dependent on revenue from natural gas exports. Payment problems by its major customers in the former Soviet Union have led it to consider construction of new gas pipelines to or through neighboring Iran. Agriculture, particularly cotton cultivation, accounts for nearly half of total employment.Turkmen authorities continued severely to restrict political and civil liberties and maintain tight controls over opposition political organizations. They completely controlled the media, censoring all newspapers and rarely permitting criticism of government policy or officials. All trade unions are government controlled. The Government generally gave favored treatment to ethnic Turkmen over minorities and to men over women.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or extrajudicial killings. b. DisappearancePolitical activist and underground journalist Durdymurad Khojamukhamed disappeared in mid-July. On June 26, six assailants believed to be linked to the security apparatus beat him severely (see Section 2.a.). It is not known if he is in custody, has fled abroad, or is in hiding. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 1992 Constitution prohibits torture or other cruel, inhuman, or degrading treatment. While systematic torture was not known to have occurred in 1994, criminal suspects, prisoners, and witnesses are routinely beaten both before and after trial processes. Agents of the security apparatus have also used force to suppress political opposition (see Section 2.a.).Turkmen prisons are unsanitary, overcrowded, and unsafe. Food is poor and facilities for prisoner rehabilitation and recreation are extremely limited. In August an outbreak of cholera reportedly struck the Bairam Aly prison facility. d. Arbitrary Arrest, Detention, or ExileIn several cases, government agents detained or arrested persons associated with the Moscow-based opposition and warned them not to engage in political activities.On October 29, several days after the President called for the extradition to Turkmenistan of several Turkmen dissidents, authorities in Uzbekistan arrested two individuals associated with the Turkmen opposition, Mukhammad Aimuradov and Khoshali Garaev, and deported them to Turkmenistan. Although the two men, both Russian citizens, were originally charged only with the illegal transfer of money from Turkmenistan, the Government eventually announced its intention to try them in connection with an alleged plot to assassinate the President. At year's end, security organs were holding them pending trial.On October 20, security authorities took journalist Iusup Kuliev from his home and detained him for over 2 weeks, apparently without formal charges. They reportedly beat him while in custody and subjected him to pyschotropic drugs. At year's end, he was under house arrest in his home in Ashgabat.The authorities detained at least three other people--Khudaiverdy Khally, Akhmukhammed Zapirov, and Mukhammed Garachishiev--for several days, apparently without formal charges, around the time of the October 27 Independence Day celebration.In January 1994, the authorities temporarily exiled political activist Durdymurad Khojamukhamed to Baku, Azerbaijan, without either his consent or due process. Almost all prominent political opponents of the present Government have chosen to move to Moscow for reasons of personal safety. e. Denial of Fair Public TrialThe Constitution theoretically established judicial independence; however, the President's power regarding the selection and dismissal of judges effectively subordinates the judiciary to the presidency. The court system has not been reformed since Soviet days. It consists of a Supreme Court,6 provincial courts (including 1 for the capital city of Ashgabat only), and at the lowest level, 61 district and city courts. There are also military courts, which handle crimes involving military discipline, criminal cases concerning military personnel, and crimes by civilians against military personnel; and a Supreme Economic Court, which hears cases involving disputes between state economic enterprises and ministries.The President appoints all judges for a term of 5 years without legislative review, except for the Chairman (chief justice) of the Supreme Court, and he has the sole authority to remove them from the bench before the completion of their terms.Turkmen law provides for the rights of due process for defendants, including a public trial, the right to a defense attorney, access to accusatory material, and the right to call witnesses to testify on behalf of the accused. The accused has the right to select counsel, but there are no independent lawyers, with the exception of a few retired legal officials. When a person cannot afford the services of a lawyer, the court appoints one. A person may represent himself in court.Decisions of the lower courts may be appealed to higher courts, and in the case of the death penalty the defendant may petition the President for clemency. In practice, adherence to due process rights is not uniform, particularly in the lower courts in rural areas. Even when due process rights are observed, the authority of the prosecutor vis-a-vis the defense attorney is so great that it is almost impossible for the defendant to receive a fair trial.Mukhammad Aimuradov and Khoshali Garaev (see Section 1.d.), who were to be tried on charges connected to an alleged assassination plot, were arrested and held on charges that appeared to be politically motivated. There are no other known political prisoners. Some opponents of the Government have charged that the authorities occasionally prosecute political opponents for economic crimes they did not commit. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution provides that a citizen has the right to protection from arbitrary interference in his or her personal life. However, there are no legal means to regulate the conduct of surveillance by the state security apparatus, which regularly monitors the activities of opponents and critics of the Government. Security officials use physical surveillance, telephone tapping, electronic eavesdropping, and recruit informers. Critics of the Government and other citizens report credibly that their mail is intercepted before delivery.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for the right to hold personal convictions and to express them freely. In practice, however, freedom of speech is severely restricted, and there is no freedom of the press. The Government completely controls radio and television. Its budget funds all print media. The Government censors all newspapers; the Committee for the Protection of State Secrets must approve all prepublication galleys. In September the President publicly called for the punishment of those who spread "rumors."The Government prohibits the media from reporting the views of opposition political leaders and critics, and it rarely allows the mildest form of criticism in print. The Government press has condemned the foreign media, including Radio Liberty, for broadcasting or publishing opposing views, and the Government has subjected those involved in critical foreign press items to threats and harassment.The Government restricts academic freedom. It does not tolerate criticism of government policy or the President in academic circles, and it discourages research into areas it considers politically sensitive. In the past the government-controlled Union of Writers has expelled members who criticized government policy; libraries have removed their works. Critics of the Government in all fields were frequently reminded that continued criticism could have many repercussions, including the loss of employment and opportunities for advancement for themselves and their families. In at least one case, the authorities dismissed a child from school because of public statements made by the father. In another case, a woman was removed from her job because of her exiled father's political activities.On rare occasions the authorities resorted to stronger methods to silence their critics. During the January 15 national referendum on extending the presidential term of office, they arrested Valentin Nikolaevich Kopusov immediately after he tore up his ballot in the presence of election officials. Kopusov, who has a history of erratic behavior, was placed in a psychiatric hospital pending determination of his mental health. After several months Kopusov was declared mentally ill and transferred to another hospital.On the night of June 26, six assailants, believed to be connected to the security apparatus, broke into the home of political activist and underground journalist Durdymurad Khojamukhamed. They abducted him, severely beat him, and left him in a ditch at the side of a road see Section 1.b.).On November 24, Russian authorities in Moscow, reportedly at the request of the Government of Turkmenistan, took into custody Murad Essenov and Khalmurad Suyunov, two journalists associated with the Moscow-based Turkmen opposition. Although no charges were known to have been filed against the two, the Government reportedly sought their extradition in connection with the same alleged assassination plot for which two others were arrested in Ashgabat (see Section 1.d.). Russian authorities released Essenov and Suyunov on December 21. In October six or seven men had accosted Essenov on a Moscow street and beaten him. Opposition leaders claimed the assailants were linked to Turkmen security organs. b. Freedom of Peaceful Assembly and AssociationThe Government restricts the freedom of peaceful assembly. Unregistered organizations, including those with a political agenda, are not allowed to hold demonstrations or meetings. No political groups critical of government policy have been able to meet the requirements for registration (see Section 3).Social and cultural organizations without political aims may normally register and hold meetings without difficulty. However, the authorities often refuse registration to those with an ethnic or religious orientation under constitutional provisions that prohibit political parties based on nationality or religion.Theoretically, citizens have the freedom to associate with whomever they please. However, supporters of opposition movements have been fired from their jobs for political activities and removed from professional societies or threatened with dismissal or with the loss of their homes or work space. On numerous occasions in 1994, the Director of the KNB and a deputy chairman of the Cabinet summoned political opponents and warned them not to meet with foreigners or give press interviews. The Government also discourages the access of foreigners to Islamic leaders, often by insisting that a government official sit in on any meetings. c. Freedom of ReligionTurkmen are overwhelmingly Muslim, but Islam does not play a dominating role in society, in part due to the 70 years of repression under Soviet rule. The Constitution provides for freedom of religion and does not establish a state religion. Official harassment of religious groups has largely ended, and the State generally respects religious freedom.A modest revival of Islam has occurred since independence. The Government has incorporated some aspects of Muslim tradition into its efforts to define a Turkmen identity, and it gives some financial and other support to the Council on Religious Affairs, which plays an intermediary role between the government bureaucracy and religious organizations.Religious congregations are technically required to register with the Government, but there were no reports that the Government enforced this requirement or denied registration to any religious group.There is no law specifically addressing religious proselytizing. The authorities, however, did cut short the planned stay of two American citizens, apparently because of their proselytizing activities. Also, the Government would have to grant permission for any mass meetings or demonstrations for this purpose and would not do so for nonregistered groups. The Government does not restrict the travel of clergy or members of religious groups to Turkmenistan. Islamic religious literature, largely donated from abroad, is distributed through the mosques. Eastern (or Russian) Orthodox churches also offer a variety of Christian religious literature. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation.The Government generally does not restrict movement within the country, although it tightly controls travel to the border zones. Turkmen citizens still carry internal passports which are used more as a form of identification than a means of controlling movement. Residence permits are not required, although place of residence is registered and noted in passports.The Government uses its power to issue passports and exit visas as a means of restricting international travel for its critics, and most ordinary travelers find the process to be difficult. Many allege that officials, including some on the presidential staff, solicit bribes in exchange for permission to travel abroad. Although legally the Ministry of Foreign Affairs is responsible for issuing passport and exit visas, the International Department of the Presidency and the security services must also signify their approval.Citizens are generally permitted to emigrate without undue restriction. In December Turkmen authorities denied journalist Mamedniyaz Sakhatov and his family the passports and exit visas they needed to emigrate to the United States. Some ethnic Russians and other non-Turkmen residents left for other former Soviet republics during 1994.The government-funded Council of World Turkmen provides assistance to ethnic Turkmen abroad who wish to return to Turkmenistan and apply for citizenship. The Government, however, has not permitted many ethnic Turkmen from Iran, Afghanistan, and other countries to resettle in Turkmenistan.Authorities discouraged the influx of non-Turkmen workers from other areas of the former Soviet Union. In mid-March, Turkmen police detained and immediately expelled as many as several thousand nonresident workers from Tajikistan, Uzbekistan, Azerbaijan, Georgia, Armenia, and Ukraine.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe 1992 Constitution declares Turkmenistan to be a secular democracy in the form of a presidential republic. In practice, it remains a one-party State dominated by the President and his closest advisers within the Cabinet. Citizens have no real ability peacefully to change the Government and have little influence on government policy or decisionmaking. In the 1992 presidential election, the sole candidate was Saparmurad Niyazov, the incumbent and nominee of the Democratic (formerly Communist) Party. The Government announced the election barely a month before voting day, giving opposition groups insufficient time to organize and qualify to submit a candidate.On January 25, a national referendum extended Niyazov's term in office until 2002, obviating the need for a presidential election in 1997. The referendum was announced only on December 28, 1993, again allowing insufficient time for any opposition to organize. According to the official results, 99.9 percent of those voting cast their ballots to extend Niyazov's term. On December 11, 1994, elections were held for a reconstituted Mejlis (parliament). Again, no opposition participation was permitted. Candidates for the 50 seats were all approved by the ruling party, and all ran unopposed. The Government claimed that 99.8 percent of eligible voters participated.The Constitution calls for the separation of powers between the various branches, with concomitant checks and balances. However, it vests a disproportionate share of power in the Presidency, particularly at the expense of the judiciary. In practice, the Presidency in concert with the Cabinet of Ministers makes all policy decisions, appoints government officials down to the level of city mayors, and decides which legislation the Mejlis will consider. The Mejlis has no genuinely independent authority.Government officials state that their goal is political pluralism and the establishment of a multiparty system, perhaps as soon as 1996. However, there were few indications in 1994 that the present leadership will permit any meaningful opposition to develop.In addition to its almost total control over the flow of information, the Government also uses laws on the registration of political parties to curb the emergence of would-be opposition groups. At present the only registered party is the Democratic Party of Turkmenistan, the successor to the Communist Party. The policy of the Democratic Party, according to its leadership, is to implement the policy of the President.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere are no local human rights monitoring groups, and government restrictions on freedom of speech, press, and association would preclude any effort to investigate and criticize publicly the Government's human rights policies. Several independent journalists report on these issues in the Russian press in Russia and have contact with international human rights organizations. On numerous occasions in the past, the Government has warned its critics against speaking with visiting journalists or other foreigners wishing to discuss human rights issues.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenThe Constitution provides for full equality for women. In practice, however, women are greatly underrepresented in the upper levels of government and state economic enterprises and are concentrated in health care, education, and service industries. Women are also restricted from working in some dangerous and ecologically unsafe jobs. In traditional Turkmen society, the woman's primary role is as homemaker and mother, and family pressure often limits opportunities for women to enter outside careers or advance their education. The law protects women from discrimination in inheritance and marriage rights. Religious authorities, when proffering advice to practicing Muslims on matters concerning inheritance and property rights, often favor men over women.The Women's Council of Turkmenistan, a carryover from the Soviet system, addresses issues of concern to women, and a professional businesswomen's organization has recently been founded. While no reliable statistics on domestic violence against women are available, women's groups and medical personnel assert that it is not a major problem. The Government has no program specifically aimed at rectifying the disadvantaged position of women in Turkmen society because it does not believe that women suffer discrimination. ChildrenTurkmenistan's social welfare umbrella adequately covers the welfare needs of children. The Government has not, however, taken effective steps to address the severe environmental and health hazards that have resulted in a high rate of infant and maternal mortality, particularly in the Aral Sea area. National/Racial/Ethnic MinoritiesThe Constitution provides for equal rights and freedoms to all citizens. Turkmen comprise 72 percent of the population of about 4 million, Russians 9.5 percent, and Uzbeks 9 percent. There are smaller numbers of Kazakhs, Armenians, Azerbaijanis, and many other ethnic groups. In 1994 Turkmenistan was spared the ethnic turmoil that afflicted many other parts of the former Soviet Union.As part of its nationbuilding efforts, the Government has attempted to foster Turkmen national pride, in part through its language policy. The Constitution designates Turkmen the official language, and it is a mandatory subject in school, although not necessarily the language of instruction.The Constitution also guarantees speakers of other languages the right to use them. Russian remains in common usage in government and commerce. The Government insists that it will not tolerate discrimination against Russian speakers. However, efforts to reverse past policies that favored Russians work to the benefit of Turkmen at the expense of the other ethnic groups, not solely ethnic Russians. Non-Turkmen fear that the designation of Turkmen as the official language will put their children at a disadvantage educationally and economically. They complain that some avenues for promotion and job advancement are no longer open to them. Only a handful of non-Turkmen occupy high-echelon jobs in the ministries, and minority government employees from other ethnic groups are sometimes assigned lesser positions than their experience and qualifications would warrant. People with DisabilitiesGovernment subsidies and pensions are available to those with disabilities, and those capable of working are generally provided with jobs under still-valid preindependence policies that virtually guarantee employment to all. According to existing legislation, facilities for access by the disabled must be included in new construction projects. Compliance is not complete, however, and most older buildings are not so equipped.Section 6 Worker Rights a. The Right of AssociationTurkmenistan has inherited the Soviet system of government-associated trade unions. The Federation of Trade Unions claims a membership of some 1.6 million and is divided along both sectoral and regional lines. Turkmenistan joined the International Labor Organization in late 1993.While no law specifically prohibits the establishment of independent unions, there are no such unions. No attempts were made to register an independent trade union in 1994. The state-sponsored unions control key social benefits such as sick leave, health care, maternal and childcare benefits, and funeral expenses. Deductions from payrolls to cover these benefits are transferred directly to the Federation.The law does not prohibit strikes, but no strikes are known to have occurred in 1994. Disputes over work conditions or other grievances were resolved through negotiation among the trade union, government, and management (which represents, invariably, a government enterprise). b. The Right to Organize and Bargain CollectivelyTurkmen law does not protect the right to collective bargaining. The Ministry of Economics and Finance prepares general guidelines for wages and sets wages in health care, culture, and some other areas. In other sectors, it allows for some leeway at the enterprise level, taking into account local factors. Annual negotiations between the trade union and management determine specific wage and benefit packages for each factory or enterprise. In practice, in the predominantly state-controlled economy, the close association of both the trade union and the enterprise with the Government seriously limits the workers' ability to bargain effectively.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe Constitution specifically prohibits forced labor. Despite claims that several years ago the Government abandoned its policy of requiring students to pick cotton at minimal rates of pay during the annual harvest, thousands of high school students were forced to work in the cotton fields in 1994. No other incidents of compulsory labor were reported in 1994. d. Minimum Age for Employment of ChildrenThe minimum age for employment of children is 16; in a few heavy industries it is 18. The law prohibits children aged 16 through l8 from working more than 6 hours per day (the normal workday is 8 hours). Fifteen-year-old children may work only with the permission of the trade union and parents; this rarely is granted. Such children are permitted to work only 4 to 6 hours per day. Violations of child labor laws occur in rural areas during the cotton harvesting season, when teenagers work in the fields and children less than 10 years of age sometimes help with the harvest. e. Acceptable Conditions of WorkThe Government sets the national minimum wage quarterly, based on a market basket of commodities reviewed by the Ministry of Economics and Finance. On July 1, the Government increased the minimum wage to $3.33 (250 manats) per month and increased it again to $4.55 (1,000 manats) on December 21. This figure falls far short of the amount required to meet the needs of an average family. Most households are multigenerational, with several members receiving salaries, stipends, or pensions. Even so, many people lack the resources to purchase an adequate diet, and meat is a luxury for most of them.The standard legal workweek is 40 hours and provides at least one 24-hour rest period. Turkmenistan inherited an economic system with substandard working conditions from the Soviet era, when productivity took precedence over the health and safety of workers. Industrial workers often labor in an unsafe environment and are not provided proper protective equipment. Some agricultural workers are subjected to ecological health hazards. The Government recognizes that these problems exist and has taken some steps to deal with them but has not set comprehensive standards for occupational health and safety.</text>
</content>
<name>Turkmenistan </name>
<script></script>
</card>
card_72342.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TURKEY HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationMost workers have the right to associate freely and formrepresentative unions. Exceptions are schoolteachers (bothpublic and private), civil servants, the police, and militarypersonnel. Upon taking office in June 1993, the Government ofPrime Minister Ciller renewed the pledge to bring Turkish laborlegislation into conformity with the standards of theInternational Labor Organization (ILO), and its intention togrant trade union rights to civil servants (includingteachers). In early 1994, the Government introduced inParliament a bill to grant to civil servants the legal right toform unions, which includes some collective bargaining rights.The draft law would also allow the Government to determinewhether to permit a particular strike by civil servants. InMay a combination of center-right and Islamist-right politicalparty deputies voted against the draft in parliamentarycommittee. The Government and Parliament must now reconciletheir differences on this legislation. Permission for civilservants to form trade unions and for unions to engage inpolitical activity will require amendments to the Constitution--a procedure further complicated by the need to gain supportamong the opposition parties in order to secure the requisitetwo-thirds majority.The law states that unions and confederations may be foundedwithout prior authorization based on a petition to the governorof the province where the union's headquarters are to belocated. Although unions are independent of the Government andpolitical parties, they must have government permission to holdmeetings or rallies and must allow police to attend conventionsand record the proceedings. The Constitution requirescandidates for union office to have worked 10 years in theindustry represented by the union. Some 14 percent of thetotal civilian labor force (aged 15 and above) are unionized.There are three confederations of labor unions in Turkey: theTurkish Confederation of Workers Unions (Turk-Is), theConfederation of Turkish Real Trade Unions (Hak-Is), and theConfederation of Revolutionary Workers Unions (DISK). Thereare also some independent unions.Unions and their officers have a statutory right to expressviews on issues directly affecting members' economic and socialinterests, but the Constitution prohibits any union role inparty politics (such as organic or financial connections withany political party or other association). In practice, unionshave been able to convey clearly in election and referendumcampaigns their support for, or opposition to, given politicalparties and government policies. In May the Governmentproposed a "democratization" package. One of its proposalswould allow unions and other groups (women and students, forexample) to have formal links to political parties.Prosecutors may request labor courts to order a trade union orconfederation into liquidation based on alleged violation ofspecific legal norms. The Government, however, may notsummarily dissolve a union.The right to strike, while guaranteed in the Constitution, ispartially restricted. For example, workers engaged in theprotection of life and property and those in the mining andpetroleum industries, sanitation services, national defense,and education do not have the right to strike. Collectivebargaining is required before a strike.The law specifies the series of steps a union must take beforeit may strike or an employer may engage in a lockout.Nonbinding mediation is the last of those steps. In sectors inwhich strikes are prohibited, disputes are resolved throughbinding arbitration. A party that fails to comply with thesesteps forfeits its rights. The struck employer may respondwith a lockout but is prohibited from hiring strikebreakers orusing administrative personnel to perform jobs normally done bystrikers. Article 42 of Law 2822, governing collectivebargaining, strikes, and lockouts, prohibits the employer fromterminating workers encouraging or participating in a legalstrike. Unions are forbidden to engage in secondary(solidarity), wildcat, or general strikes.The Government also has the statutory power to suspend strikesfor 60 days for reasons of national security or public healthand safety. Unions may petition the Council of State to liftsuch a suspension, but if this appeal fails the strike issubject to compulsory arbitration at the end of the 60-dayperiod. Some 24 strikes, involving about 1,800 workers, tookplace in the first 10 months of 1994. The Government did notsuspend any strikes in 1994.With government approval, unions may and do form or joinconfederations and international labor bodies, as long as theseorganizations are not hostile to Turkey or to freedom ofreligion or belief. The International Confederation of FreeTrade Unions (ICFTU) approved DISK as an affiliate in December1992. Turk-Is is a longstanding member. Hak-Is applied forICFTU affiliation in 1993. The application remains pendingwith the ICFTU.In June the Parliament reapproved ILO Convention 158(termination of employment at the initiative of the employer),a measure which the late President Ozal had vetoed in 1992after the Parliament had passed it. President Demirel signedthe measure. As mentioned in Sections 2.a. and 2.b. above, insome instances labor union members have been the subject ofgovernment limits on freedom of speech and assembly. b. The Right to Organize and Bargain CollectivelyAll industrial workers have the right to organize and bargaincollectively, and most industrial activity and some publicsector agricultural activities are organized. The law requiresthat, in order to become a bargaining agent, a union mustrepresent not only 50 percent plus one of the employees at agiven work site but also 10 percent of all the workers in thatparticular industry. This 10-percent barrier has the effect offavoring established unions, and particularly those affiliatedwith Turk-Is, the confederation that represents nearly 80percent of organized labor in Turkey.The ILO has called on Turkey to rescind this 10-percent rule.Both Turk-Is and the Turkish employers' organization favorretention of the rule, however, and the Government has notuntil now pursued a change. However, the governmentrepresentative informed the ILO Committee on the Application ofStandards that the Ministry of Labor and Social Security nowproposes to remove the 10-percent numerical restriction, andthat its proposal had been communicated to the socialpartners.The law on trade unions stipulates that an employer may notdismiss a labor union representative without rightful cause.The union member may appeal such a dismissal to the courts and,if the ruling is in the union member's favor, the employer mustreinstate him and pay all back benefits and salary.Union organizing and collective bargaining are permitted in theduty-free export processing zones at Antalya, Istanbul, Izmir,and Mersin. Workers in those zones, however, are not allowedto strike during the first 10 years of operation. Until then,settlements not otherwise reached will be determined by bindingarbitration. c. Prohibition of Forced or Compulsory LaborThe Constitution and statutes prohibit compulsory labor. Thelaws are enforced. d. Minimum Age for Employment of ChildrenThe Constitution and labor laws forbid employment of childrenyounger than 15 years of age, with the exception that thoseaged 13 and 14 may engage in light part-time work if enrolledin school or vocational training. The Constitution alsoprohibits children from engaging in physically demanding jobs,such as underground mining, and from working at night. TheMinistry of Labor effectively enforces these laws only in theorganized industrial sector.In practice, many children work because families frequentlyneed the supplementary income. An informal system provideswork for young boys at low wages, e.g., in auto repair shops.Girls are rarely seen working in public, but many are kept outof school to work in handicrafts, especially in rural areas.Turkey is participating in the ILO's international program onthe elimination of child labor. e. Acceptable Conditions of WorkThe Labor Ministry is legally obliged to set minimum wages atleast every 2 years through a minimum wage board, a tripartitegovernment-industry-union body. In recent years it has done soannually. In July the nominal minimum wage in Turkish lira(TL) was increased by approximately 67 percent over the yearbefore. The monthly minimum wage rate (after taxes), whichbecame effective September 1, is approximately $86 for workersolder than 16 and about $73 for workers under 16 at theexchange rate prevailing in September.It would be difficult for a single worker, and impossible for afamily, to live on the minimum wage without support from othersources. Most workers earn considerably more. Workerscovered by the labor law, who constitute about one-third of thetotal labor force, also receive a hot meal, daily foodallowance; transportation to and from work; a fuel allowance;and other fringe benefits which, according to the Turkishemployers' organization, make basic wages alone only about 37percent of total remuneration.Labor law provides for a nominal 45-hour workweek, althoughmost unions have bargained for fewer hours. The law prescribesa weekly rest day. Labor law limits the number of overtimehours to 3 hours a day for up to 90 days in a year. The laborinspectorate of the Ministry of Labor effectively enforces wageand hour provisions in the unionized industrial, service, andgovernment sectors.Occupational health and safety regulations are mandated by law,but the Government has not carried out an effective inspectionand enforcement program. Law 1475 allows for the shutdown ofan operation if a five-man committee, which includes safetyinspectors, employee, and employer representatives, determinesthat the operation endangers workers' lives. In practice,financial constraints, limited safety awareness, carelessness,and fatalistic attitudes result in scant attention tooccupational safety and health by workers and employers alike.</text>
</content>
<name> </name>
<script></script>
</card>
card_72181.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TURKEY HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Associations and labor unions are prohibited by law from havingties to political parties or engaging in political activities(see Section 6.a.). Police raided a number of associations andorganizations in 1994 and harassed some of their members. Forexample, on May 7 the Iskenderun governorship closed theIskenderun office of the Human Rights Association (HRA) on thegrounds that, through a press statement, the HRA had "actedagainst the associations law and functioned to incite people."In May the Adana governorship closed the Adana HRA branch for15 days, as well as the Ozgur Der association, because it hadin its possession some "documents with ideological content."On December 28, the Diyarbakir Governor closed the DiyarbakirBranch of the HRA for 1 month.Associations must submit their charters for governmentapproval, a lengthy and cumbersome process. c. Freedom of ReligionThe Constitution establishes Turkey as a secular state andprovides for freedom of belief, freedom of worship, and privatedissemination of religious ideas. About 99 percent of Turkey'spopulation is Muslim. Under Turkish law, religious servicesmay take place only in designated places of worship. In Adana,Turkey's fourth largest city, the only approved sites aremosques, one Jewish synagogue, and one Roman Catholic church.A Protestant expatriate group petitioned to have a house ofworship designated for its use. The petition has been "underconsideration" in Ankara since at least 1992. In February1994, the Peace and Tolerance Conference, involving a widerange of religious figures, took place in Istanbul.Although Turkey is a secular state, religious instruction instate schools is compulsory for Muslims. Upon writtenverification of their non-Muslim background, non-Muslims areexempted by law from Muslim religious instruction, althoughstudents who wish to attend may do so with parental consent.Turkey's Alawi Muslim minority (an offshoot of Shi'ite Islam)is estimated to number at least 12 million. There are,however, no government-paid Alawi religious leaders, noreligious affairs directorate funds go to the Alawi community,and some Alawis allege informal discrimination in the form offailure to include any Alawi doctrines or beliefs in religiousinstruction classes. Alawis are disgruntled by what theyregard as the Sunni bias in the religious affairs directorateand the directorate's tendency to view the Alawis as a culturalgroup rather than a religious sect.Many prosecutors regard proselytizing and religious activism onthe part of either Islamic extremists or evangelical Christianswith suspicion, especially when they deem such activities tohave political overtones. Since there is no law prohibitingproselytizing, police sometimes arrest Islamic extremists andevangelical Christians for disturbing the peace. Courtsusually dismiss such charges.Most religious minorities are concentrated in Istanbul, and thenumber of Christians in the south has been declining as theyounger generation leaves Turkey for Europe and North America.The status of only three minorities--Armenians, Jews, andGreeks--was recognized under the Lausanne Treaty. Otherreligions may not acquire additional property for churches.The Catholic Church in Ankara, for example, is confined todiplomatic property. The State must approve the operation ofchurches, monasteries, synagogues, schools, and charitablereligious foundations, such as hospitals and orphanages.The Jewish community is well integrated into Turkish society,although it fears the possibility of rising Islamic extremism.The only problems the Jewish community reported in 1994 werepetty thefts; facsimiles sent early in the year by the Muslimfundamentalist terrorist organization Ibda-c, urging Turks tocease doing business at Jewish-owned establishments; and somedamage to tombstones.The activities of Greek Orthodox and Armenian churches andtheir affiliated operations are carefully monitored and closelycalibrated to the state of political relations between Turkeyand Greece and between Turkey and Armenia. In November, theIstanbul Deputy Governor for the first time called in andquestioned the Armenian Patriarch on the Church's activities.The Ministry of Education tightly controls the curriculums inforeign-language schools. Greek educators complain that theTurkish Ministry of Education is extremely slow to approveGreek-language textbooks, including those in suchnoncontroversial subjects as mathematics and the naturalsciences. They claim that, rather than allowing the use oftexts from Greece, the Ministry wants them to use Greektranslations of Turkish textbooks. In September the Turkishand Greek Governments eased a longstanding problem ofschoolteachers for Istanbul's Greek community and for Turks inWestern Thrace. Because there was no physical educationteacher at one of the Greek high schools, a few graduatingseniors were initially denied their diplomas. The problem wasworked out in time for them to enroll in university in thefall, but many Greek students report difficulty in continuingtheir education in Turkey and go to Greece, often never toreturn.The Greek Patriarchate (Istanbul is the see of the ecumenicalPatriarchate of the Eastern Orthodox faith) has consistentlyexpressed interest in reopening the seminary on the island ofHalki in the Sea of Marmara. The seminary has been closedsince the 1970's when the State nationalized all privateinstitutions of higher learning. Turkish officials, however,have used a variety of excuses to keep it closed.During the last few years, there have been instances ofgraffiti, stones tossed over the walls, and press attacks onthe Patriarchate and the Patriarch. In May three bombs werefound inside the Patriarchate walls. Police defused them, andsince then have provided enhanced protection for thePatriarchate. While the Patriarchate views the Turkishauthorities as responsive to its needs, it has undertaken itsown security improvements.The Armenian Patriarchate has reported similar attacks againstArmenian churches in the city as well as problems similar tothose of the Greek Patriarchate. Armenian church officialsalso complain of petty harassment from local officials (such asdelays or refusals in receiving building permits) and growingencroachment by certain Muslim extremist groups on landsbelonging to the Armenian community, especially on the Princes'Islands in the Sea of Marmara.The Islamic terrorist organization Ibda-c claimedresponsibility for bombs which exploded on May 19 in front ofIstanbul's Santa Maria and Saint Antoine churches, causing somedamage.Bureaucratic procedures relating to historic preservationimpede repairs to some religious facilities. Under Turkishlaw, religious buildings that become "extinct" (because ofprolonged absence of clergy or lay persons to staff localreligious councils) revert to government possession. Somenon-Muslim minorities, particularly the Greek Orthodox and, toa lesser extent, the shrinking Armenian Orthodox and Jewishcommunities, are faced with the danger of losing some of theirhouses of worship. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens generally enjoy freedom of movement within Turkey andthe freedom to travel abroad. The Constitution provides that acitizen's freedom to leave may be restricted only by thenational economic situation, civic obligations (e.g., militaryservice), or criminal investigation or prosecution. EachTurkish citizen (except those regularly working abroad) mustpay a departure tax of $100 for every departure from thecountry. This tax is to be phased out in 1995.Travel in the southeast sometimes is restricted for securityreasons. Roadblocks, set up by both Turkish security forcesand the PKK, can seriously impede travel in the region.Allegedly, security forces on occasion closed off villages andsurrounding regions making it impossible to investigate reportsof human rights abuses.Although Turkey is a signatory to the U.N. Convention onRefugees, it officially accords refugee status only toclaimants from Eastern Europe and the former Soviet Union.Asylum seekers from elsewhere are referred to the UnitedNations High Commissioner for Refugees (UNHCR) forthird-country resettlement.The Government has cooperated with the UNHCR in dealing withlarge groups of Iraqis and Iranians seeking to qualify asrefugees. Since July 15, 1994, Turkey has exercised its rightto make decisions on the qualifications of individualrefugees. The Turkish Government now screens Iranians whoclaim asylum before referring those it considers bona fide toUNHCR for resettlement. During the screening process, UNHCRmay provide technical assistance to the Turkish Government. Inaddition, at least 15,000 Bosnians have found temporary refugein Turkey, the majority living with friends and relatives andanother 3,000 in camps established by the Turkish Governmentwith UNHCR support.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentAccording to the Constitution, citizens have the right andability to change their government peacefully. Turkey has amultiparty parliamentary system, in which elections are held atleast every 5 years on the basis of mandatory universalsuffrage for all citizens aged 21 and over. As of October, atleast 25 political parties were operating in Turkey, 10 ofwhich were represented in Parliament. The Grand NationalAssembly (parliament) elects the President as Head of Stateevery 7 years, or when the President becomes incapacitated ordies.There are no restrictions in law against women or minoritiesvoting or participating in politics, but the Government hasmade repeated efforts to frustrate political activities ofthose who emphasize their Kurdish ethnicity. As noted inSection 2.b., the Constitutional Court closed the pro-KurdishDEP in 1994. It immediately reformed as HADEP. Additionally,the Constitution forbids students, university faculty members,and trade unionists from active participation in partypolitics.In February the Interior Ministry discharged threedemocratically elected mayors in the southeast, all from theDEP: Kozluk (Batman province) mayor Abdullah Kaya; Kurtulan(Siirt province) mayor Cemil Akgul; and Lice (Diyarbakirprovince) mayor Nazmi Balkas. In September the Istanbul SSCsentenced Kaya and Balkas to 20 months in prison each and finedthem TL 210 million ($700) each for allegedly separatiststatements they had given to the newspaper Ozgur Gundem.In the runup to nationwide local elections held on March 27,there were serious threats to the safety of candidates in thesoutheast. A number of DEP candidates were threatened and afew killed, and party offices of several political parties werebombed. As of the end of the year, none of the perpetratorshad been apprehended. On February 24, the DEP withdrew fromthe elections, claiming it was not safe for its candidates. OnMarch 1, the PKK demanded that people boycott the elections andthreatened to kill both candidates and voters who went to thepolls. The elections went forward peacefully throughout thecountry.Apart from banning the DEP, the Constitutional Court formallyclosed the small Greens party on the grounds that itsexecutives had not submitted their financial accounts and othernecessary documents for the year 1988; and it also closed theTurkish Socialist Party because its platform allegedly aimed atdestroying the unity of the country and its people.The Constitution calls for equal political rights for men andwomen; however, only eight women representing three partieswere elected to the Parliament in 1991. In addition to PrimeMinister Ciller, there is one female Cabinet Minister.Political parties now recruit female delegates for their partyconferences and electoral lists. Women's committees are activewithin political party organizations, although formal youth andwomen's wings are not permitted under the Constitution.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsA nongovernmental Human Rights Association (HRA), officiallyapproved in 1987, has branches in 50 provincial capitals, butat year's end 13 had been closed, all of them in the east andsoutheast. It claims a membership of about 20,000. In 1990the HRA established its companion Human Rights Foundation (HRF)which, in addition to operating torture rehabilitation centersin Ankara, Izmir, and Istanbul, serves as a clearinghouse forhuman rights information. Other nongovernmental organizationsinclude the Ankara-based Turkish Democracy Foundation, theIstanbul-based Helsinki Citizens Assembly, and human rightscenters at a number of universities.Government agents have increasingly harassed human rightsmonitors, as well as lawyers and doctors involved indocumenting human rights violations. Some have reportedreceiving death threats from unknown parties. At least onehuman rights monitor was killed. A number have beenaggressively prosecuted as well. In December, a SSC trialopened against Yavuz Onen, President of the HRF, and FevziArgun, head of the HRF'S Documentation Center, for allegedlyseparatist language in the booklet "File of Torture." Theywere acquitted in January along with four defendants from theHRA who had been indicted for their publication of "ACross-Section of Burned-Down Villages." In December threemembers of the board of the Diyarbakir HRA were arrested oncharges of separatism and four others were being sought fortheir 1992 publication of "Report On The State Of EmergencyRegion, 1992."Some government officials, including some prosecutors andpolice, punitively apply various laws to restrict the HRA'sactivities. For example, officials ordered various branches ofthe HRA closed for periods of weeks or months generally oncharges that they had violated the associations law throughpublication of a press statement or allegedly separatistmaterial (see Section 2.b.). An HRA president in southernTurkey said he and his board remained under surveillance, andone in eastern Turkey noted that many board members had leftthe city or resigned because they were concerned about theirpersonal safety.The president of the Siirt HRA, who was arrested on February26, 1993, and detained for 3 months on charges of giving aidand comfort to the PKK, was again arrested on January 21, 1994,after which the local branch closed. He was released inOctober, but charges against him have not been dropped. SedatAslantas, chairman of the Diyarbakir HRA branch and vicechairman of the Turkish HRA, was arrested on May 13 by theAnkara SSC on charges related to a joint press statement issuedin May 1993 by Diyarbakir union and association leaders. Thattrial continued as of the end of the year. On December 5, hewas imprisoned for 3 years based on an earlier case involvinghis speech during an HRA congress in October 1992. The HRArepresentative in the town of Derik, Mardin province, who wasdetained six separate times in 1993, has moved away, and thelocal HRA office is closed. Muhsin Melik, founder of theSanliurfa branch of the HRA and former president of the DEPbranch office, was shot and killed on June 2. Before hisdeath, he identified his assailants as police officers. Therehave been no arrests in connection with this case. Other HRAoffices closed for similar reasons include those in Sirnak,Nusaybin, Tunceli, Dogubeyazit, and Cizre. Many of theseinvestigations and prosecutions, as well as many arrests ofhuman rights monitors, stemmed from alleged violations of thelaw on associations or the holding of illegal demonstrations.Surveillance and harassment of HRA members in the southeastcontinues on a regular basis.Since 1991, Parliament has had a Human Rights Commission. TheCommission is authorized to oversee Turkey's compliance withthe human rights provisions of Turkish law and internationalagreements to which Turkey is a signatory, investigate allegedabuses, and prepare reports. Claiming it is underfunded andlacks the necessary powers to subpoena witnesses or documents,the Commission has been inactive and ineffective. In Augustthe State Minister in charge of human rights announced theestablishment of a human rights advisory department connectedto the Prime Ministry would be established to investigateallegations of human rights violations and monitorinternational human rights developments.While representatives of diplomatic missions who wish tomonitor the state of human rights in Turkey are free to speakwith private citizens, security police may place such visitorsin the southeast and the east under surveillance, and thepresence of security officials may have an intimidating effectupon those interviewed. Access to government officials orfacilities has been restricted at times, although in 1993 and1994 high-level visitors obtained most of the appointments theyrequested, including access to detention facilities. However,in August a delegation from Human Rights Watch/Helsinki wasunable to obtain the cooperation of the Regional SuperGovernor's office to investigate PKK human rights abusesoutside of Diyarbakir. In September Amnesty International'sprincipal researcher for Turkey was declared persona nongrata. Also in September, the Foreign Minister announced hisintention to restrict foreign visitor access to judges andprosecutors.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution proclaims Turkey to be a secular state,regards all Turkish citizens as equal, and prohibitsdiscrimination on ethnic, religious, or racial grounds. TheGovernment officially recognizes only those religiousminorities mentioned in the Treaty of Lausanne (1923), whichguarantees the rights of Greek Orthodox, Armenian Apostolic,and Jewish adherents. Despite constitutional provisions,discrimination remains a problem in several areas. WomenTraditional family values in rural Turkey place a greateremphasis on advanced education for sons than for daughters.Far fewer girls than boys continue their education afterprimary school. The illiteracy rate for women is approximately29 percent, some 10 percent higher than for the population as awhole. Turkey's civil code, which prohibits grantinggender-based privileges or rights, retains some discriminatoryprovisions concerning marital rights and obligations. Becausethe husband is the legal head of household, the wifeautomatically acquires the husband's surname with marriage; thehusband is authorized to choose the domicile and represents theconjugal unit. As parents, husband and wife exercise theirrights jointly, but when they disagree, the husband's viewprevails. Women's groups have lobbied to change thisprovision. Divorce law requires that the divorcing spousesdivide their property according to property registered in eachspouse's name. Because in most cases property is registered inthe husband's name, this can create difficulties for women whowish to divorce. With regard to inheritance laws, a widowgenerally obtains one-fourth of the estate.Although spousal abuse is a serious and widespread problem, itis still considered an extremely private matter, involvingsocietal notions of family honor. Few women go to the police,who in any case are reluctant to intervene in domestic disputesand frequently advise women to return to their husbands. Turksof either sex may file civil or criminal charges but rarelydo. A combination of laws and ingrained societal notions makeit difficult to prosecute sexual assault or rape cases. Bylaw, penalties may be reduced if a woman was not a virgin priorto a rape. Penalties may also be reduced if a judge deems thewoman to have acted provocatively. There are several sheltersfor battered women, and at least two consultation centers,Istanbul's the Purple Roof Foundation and Ankara's AltindagCenter. In a 1-year period, 400 women applied to one majorcity shelter.Particularly in urban areas, women are improving their positionoverall, including in the professions, business, and the civilservice, although they continue to face discrimination tovarying degrees. Numerous women have become lawyers, doctors,and engineers since the 1960's. In March a woman for the firsttime was elected chief justice of a court of appeals. Womencomprise about 36 percent of the work force; approximately 80percent of working women are employed in agriculture. Theygenerally receive equal pay for equal work in the professions,business, and civil service jobs, although a large percentageof women employed in agriculture and in the trade, restaurant,and hotel sectors work as unpaid family help. The arbitrarybarrier to women becoming governors and subgovernors(government-appointed positions) has been breached, and womenmay now take the examination required to become a subgovernor.Several have been appointed subgovernors, and one governor is awoman.Independent women's and women's rights associations exist, butthe concept of lobbying for women's rights has not gainedcurrency. ChildrenThe Government is committed to furthering children's welfareand is working to expand opportunities in education and health,including further reduction of the infant mortality rate.Children have suffered greatly from the cycle of violence insoutheastern Anatolia. School closings and the migration ofmany families, forced or voluntary, have uprooted children tocities which are hard pressed to find the resources to extendbasic, mandatory services, such as schooling. The Governmentis establishing regional boarding schools in the southeast tohelp combat this problem but not enough to meet the need. TheHRF claims that 78 children were subjected to torture betweenJanuary 1989 and July 1994. National/Racial/Ethnic MinoritiesThe Constitution, following the Treaty of Lausanne, does notrecognize the Kurds in Turkey as a national, racial, or ethnicminority. Many human rights abuses are targeted at Kurds whoinsist on publicly or politically asserting their Kurdishethnic identity, and their supporters.Kurds who are long-term residents in industrialized cities inwestern Turkey have been, for the most part, assimilated intothe political, economic, and social life of the nation. Kurdswho are currently migrating westward (including those displacedby the conflict in the southeast), bring with them theirKurdish culture and village identity; many simply are notprepared for urban life.Most parliamentary representatives from southeastern Turkey areethnic Kurds, but representatives of Kurdish ethnic origin havebeen elected from districts far removed from the southeast.Several Cabinet Ministers, more than 25 percent of M.P.'s andother government officials claim an ethnic Kurdish background.The increasing violence of the fighting in the southeast ispolarizing ethnic Turks and Kurds and creating a climate ofintolerance. Particularly in cities such as Adana and Mersin,which have witnessed a large influx of Kurds fleeing theviolence in the southeast, tensions continue to rise. With PKKbombings in Aegean resort towns and Istanbul, tensions havealso spread westward, making it difficult, for example, forsome otherwise qualified new migrants to find work in thewestern cities.The 1991 repeal of the law prohibiting publications orcommunication in Kurdish legalized some spoken and printedKurdish communications. Under the political parties law,however, all discussion that takes place at political meetingsmust be in Turkish. Kurdish may be spoken only in"nonpolitical communication." Court proceedings (and allgovernment functions, including public education) continue tobe conducted in Turkish, disadvantaging those Kurdish-speakingdefendants who have to rely on court-provided translators.Moreover, materials dealing with Kurdish history, culture, andethnic identity continue to be subject to confiscation andprosecution under the "indivisible unity of the State"provisions of the Anti-Terror Law.The Roma population is extremely small, and there were noreported incidents of public or government harassment directedagainst Roma during 1994. People with DisabilitiesTo date legislation dealing with the disabled is piecemeal, andthere is little legislation regarding accessibility for thedisabled. Certain categories of employers are required to hiredisabled persons as 2 percent of their employee pool, althoughthere is no penalty for failure to comply.</text>
</content>
<name> </name>
<script></script>
</card>
card_71817.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TURKEY HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995There is no external exile, and Turkey's internal exile law wasrepealed in 1987. In 1990, however, under decree 430, theGovernment granted the southeast regional governor theauthority to "remove from the region," for a period not toexceed the duration of the state of emergency (now in itseighth year), citizens under his administration whoseactivities (whether voluntary or forced) "give an impressionthat they are prone to disturb general security and publicorder." There were no known instances of the use of this broadauthority in 1994. Human rights monitors and residents oftowns in the southeast report that officials continued to relyon "administrative transfers" to remove government employeesthought liable to "create trouble." e. Denial of Fair Public TrialThe judicial system is composed of general law courts, statesecurity courts (SSC), and military courts. There is also aConstitutional Court. Most cases are prosecuted in the generallaw courts, which include the civil, administrative, andcriminal courts. Appeals are heard either by the High Court ofAppeals or the Council of State. Provincial administrativeboards established under the Anti-Terror Law decide whethercases in which state officials are accused of misconduct shouldbe heard in criminal court. Military courts, with their ownappeals system, hear cases regarding infractions of militarylaw by members of the armed forces. In 1993 and 1994, themilitary court tried several cases of civilians charged withspeech that purportedly discouraged military service (seeSection 2.a.).Eight state security courts composed of five members--twocivilian judges, one military judge, and two prosecutors--trydefendants accused of crimes such as terrorism, drug smuggling,membership in illegal organizations, and espousing ordisseminating ideas prohibited by law as "damaging theindivisible unity of the State." Their verdicts may beappealed only to a specialized department of the High Court ofAppeals dealing with crimes against state security.The Constitutional Court examines the constitutionality oflaws, decrees, and parliamentary procedural rules. However, itmay not consider "decrees with the force of law" issued under astate of emergency, martial law, or in time of war.The Constitution requires that judges be independent of theexecutive in the discharge of their duties and provides for thesecurity of their tenure. The High Council of Judges andProsecutors, which is appointed by the President and includesthe Minister of Justice, selects judges and prosecutors for thehigher courts and is responsible for oversight of those in thelower courts. The Constitution also prohibits stateauthorities from issuing orders or recommendations concerningthe exercise of judicial power. In practice, the courtsgenerally act independently of the executive. Defendantsnormally have the right to a public trial, and, under theConstitution, can be proven guilty only by a court of law. Bylaw, the bar association must provide free counsel to indigentswho make such a request to the court. Costs are borne by theassociation. There is no jury system; all cases are decided bya judge or panel of judges.Defense lawyers generally have access to the independentprosecutor's files after arraignment and prior to trial (aperiod of several weeks). In cases involving violations of theAnti-Terror Law and a few others, such as insulting thePresident or "defaming Turkish citizenship," defense attorneysmay be denied access to files which the State asserts deal withnational intelligence or security matters.In 1994 state security courts predominantly handled cases underthe Anti-Terror Law. The State claims these courts wereestablished to try efficiently those suspected of certaincrimes. In fact, the law provides that those accused of crimesfalling under the jurisdiction of these courts may be detainedtwice as long before arraignment as other defendants, and theheavy caseload often means that cases drag on for years. Thesecourts may hold closed hearings and may admit testimonyobtained during police interrogation in the absence ofcounsel. According to government figures, 1,277 persons weretried under the Anti-Terror Law, and 8,682 people are servingsentences for terrorist crimes. The trial of 12 Diyarbakirlawyers charged with acting as couriers for the PKK continuesat the Diyarbakir State Security Court. The attorneys werereleased on their own recognizance in December 1993 and January1994. The trial of nine Erzurum lawyers, charged with similarcrimes, began on November l6.In law and in practice, the legal system does not discriminateagainst either minorities or women, with the following twocaveats: (1) as legal proceedings are conducted solely inTurkish, and the quality of interpreters varies, someKurdish-speaking defendants may be seriously disadvantaged; and(2) although women receive equal treatment in a court of law,some discriminatory laws remain on the books, although mosthave been rendered inoperative by a constitutional courtdecision. Under the civil code, the husband is the head of thehousehold and determines the legal domicile of the family.Draft civil rights legislation which would have eliminated allexisting legal inequalities between men and women has beenstalled in Parliament since 1993. In 1994, civil servicesecurity clearance procedures were changed, which should allownumerous professors who were blackballed in the late 1970s tobe reemployed.Human rights monitors hesitate to estimate the number ofpersons in custody who might reasonably be considered politicalprisoners. They estimate only that "thousands" have beendetained. According to government statistics, 1,277 personswere charged under the Anti-Terror Law though October 1, 1994.Many are charged for attempting peacefully to exercise theirright of freedom of speech, association, or some otherinternationally recognized human rights. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution provides for the inviolability of a person'sdomicile and the privacy of correspondence and communication.Government officials may enter a private residence or interceptor monitor private correspondence only upon issuance of ajudicial warrant. These provisions are generally respected inpractice outside the state of emergency region.A judge must decide whether to issue a search warrant for aresidence. If delay may cause harm, prosecutors and municipalofficers authorized to carry out prosecutors' instructions mayconduct a search. Searches of private premises may not becarried out at night, unless the delay will be damaging or thesearch will result in the capture of a prisoner at large.Exceptions include persons under special observation by theSecurity Directorate General, places anyone can enter at night,places where criminals gather, places where materials obtainedthrough the Commission of Crimes are kept, gamblingestablishments, and brothels. In the 10 provinces underemergency rule, the Regional Governor can and does empowersecurity authorities to search without a warrant residences orthe premises of political parties, businesses, associations, orother organizations. According to the HRF, the practice ofsecurity authorities in these provinces to search, hold, orseize without warrant persons, letters, telegrams, anddocuments is unconstitutional. Roadblocks are commonplace inthe southeast, and security officials regularly search vehiclesand travelers.Security forces have compelled the evacuation of villages inthe southeast to prevent villagers from giving aid and comfortto the PKK (see Section 1.g.). The Government admits tovillage and hamlet evacuations but claims they occur as theconsequence of pressures by and fear of the PKK and becausesecurity operations against the PKK in the region makecontinued occupancy unsafe. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsSince 1984 the separatist Kurdistan Workers Party (PKK) haswaged an increasingly violent terrorist insurgency that hasclaimed over 15,000 lives, as many as 2,000 of them during1994. The PKK's campaign of violence in southeast Turkey isdirected against both security forces and civilians, most ofwhom are Kurds, whom the PKK accuses of cooperating with theState. The TNP, Jandarma, and armed forces, in turn, havewaged an increasingly intense campaign to suppress terrorism,targeting active PKK units as well as those they believesupport or sympathize with the PKK, and committing many humanrights abuses in the process. According to government figures,in the first 10 months of 1994, 3,577 PKK, 963 security forcemembers and 940 noncombatants were killed. In that sameperiod, 1,563 civilians, 2,308 security force members and 137PKK were wounded.Government security forces forcibly evacuated and sometimesburned villages, for the purpose of preventing theirinhabitants from providing aid and comfort to PKK guerrillas orin retaliation for a PKK raid on a nearby Jandarma post. Somevillagers who migrated to the cities told reliable sources thatthey had been evacuated for refusing to participate in theparamilitary village guard system. Some lost all theirbelongings when their houses were burned.In May the Interior Minister, replying to a question inParliament, stated that 871 villages and hamlets in the stateof emergency region had become empty since July 1987. TheInterior Minister asserted that the villages and hamlets wereemptied because of PKK pressure or economic reasons. TheMinister of Defense that same month stated that to control PKKactivity in the region, 50 settlement centers, displacingapproximately 10,000 persons around Mount Ararat and TendurukMountain, would be evacuated and that those regions would bedeclared a military zone. These statements were the firstofficial confirmations of village evacuations in the southeast,including evacuations at government behest. In October, 17village evacuations in Tunceli Province finally brought theissue into the national spotlight. According to governmentfigures, as of October 1, 1,046 villages and hamlets had beenevacuated: 75 by the regional governorship for securityreasons; 125 of the residents' own accord for security reasons;812 because of PKK pressure; and 34 for economic reasons.According to a government report, to date approximately$227,000 in compensation has been paid to villagers displacedin the southeast, largely as a result of PKK activity, and$545,000 was to be spent in 1994 to construct housing fordisplaced villagers in Sirnak and Bingol provinces. TheGovernment has stated that it is providing housing andfinancial assistance to those displaced in Tunceli Province.On March 26, a Turkish air force plane bombed up to fourvillages in Sirnak province, killing approximately 20 persons,according to press reports. Journalists were not allowed intothe area. The Government stated that the inhabitants had leftthe villages some time before and that the PKK had then movedin, along with some civilians. When the PKK was hit, theGovernment explained, there was perforce some collateraldamage.During the first 6 months of 1994, approximately 10,000 Turksof Kurdish ethnic origin left the southeast for northern Iraq,claiming the Government had forced them out. The Governmentbelieves the villagers moved to northern Iraq at the behest ofthe PKK and views most of them as PKK supporters.The Government organizes, arms, and pays for a civil defenseforce in the southeast known as the village guards.Participation in the paramilitary militia by local villagers istheoretically voluntary, but villagers are caught between thetwo sides. If the villagers agree to serve, the PKK may targetthem and their village. If the villagers refuse toparticipate, government security forces may retaliate againstthem and their village. The village guards have a reputationfor being the least disciplined of the Government's securityforces.There were instances in which physicians were prosecuted forgiving medical care to alleged PKK terrorists, a practice thatcould deter other physicians from extending such aid. Forexample, Dr. Ilhan Diken was tried in Diyarbakir State SecurityCourt for treating a wounded PKK militant, an offense for whichthe prosecution demanded a 5-year sentence. Diken's sentenceof 3 years 9 months, of which he will serve 33 months, wasaffirmed by the Court of Appeals.Government state of emergency decree 430, codified in 1990 andmost recently renewed in November, imposes stringent securitymeasures in the southeast. The regional governor may censornews, ban strikes or lockouts, and impose internal exile (seeSection 1.d.). The decree also provides for doubling thesentences of those convicted of cooperating with separatists.Informants and convicted persons who cooperate with the Stateare eligible for rewards and reduced sentences. Provisions inthe decree that specifically prohibited court challenges to theregional governor's administrative decisions were amended in1992 to permit limited judicial review.The year 1994 witnessed a series of PKK attacks on Turkishpetroleum wells and power transformers, temporarily halting oilproduction. In August post and telecommunications (PTT)publications revealed that the PKK had caused $2 million indamage to the domestic PTT network in the Southeast and itsradio link stations in Hakkari, Diyarbakir, Igdir, Mus, andAgri Provinces.For the 1993-94 school year, according to the EducationMinister, 4,000 schools were closed in eastern and southeasternTurkey. Alternate government figures indicate that 3,395schools were closed during that period: 1,839 due to lack ofsecurity and fear of terrorism, 2,202 for lack of teachers, 89for insufficient students, 92 because of the migration orevacuation of residents from the area, and 213 because they hadbeen attacked and burned. In Tunceli province alone, 12teachers were killed and 273 of 314 schools remained closedthroughout the 1993-94 school year. Although the Governmentopened more regional boarding schools, promised to reopenclosed schools for the 1994-95 school year, and maintains thata supplementary TL 1876 billion ($5,340,000) allocation wasmade to schools in the region, the Education Minister inSeptember announced that 4,000 schools in the southeast wereclosed due to village evacuations undertaken for security andother reasons.Villagers and human rights groups complained that Jandarmaactions and security forces' searches for PKK terrorists andtheir supporters resulted in expulsions, beatings, torture, andthe arbitrary killing of innocent civilians. Governmentsecurity forces on many occasions fired on the homes ofvillagers suspected of harboring PKK terrorists, causing anunknown number of casualties and destroying villagers'property, including livestock.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressDespite constitutional provisions guaranteeing freedom ofspeech and press, the Government increasingly restricted thesefreedoms.For those who "insult the President, the Parliament, and thearmy," the Criminal Code provides penalties ranging from a3-year minimum sentence for insulting the President to a 6-yearmaximum for insulting other branches of government. Judgesgenerally examine evidence rigorously and dismiss many chargesbrought under these laws. Konya metropolitan Mayor Halil Urunwas sentenced to 1 year for "insulting Ataturk, the founder ofthe Turkish Republic" at a Refah Party meeting in Konyaprovince in 1992. The sentence was commuted to a fine of TL1,825,000 (approximately $50). In some cases, the laws providefor increased punishment if the offense is committed in apublication. The press law permits prosecutors to haltdistribution of a newspaper or magazine without a court orderand requires that each publication's "responsible editors" bearlegal responsibility for the publication's content. Many havefaced repeated criminal proceedings. As of September, anestimated 100 persons were in custody for freedom of expressioncrimes. The State claimed that, as of September, 36 courtcases were under way against a total of 19 journalists, allunder the Anti-Terror Law.Throughout the year, SSC prosecutors ordered the confiscationof numerous issues of leftist and pro-Kurdish periodicals,including Aydinlik, Emegin Bayragi, Denge Azadi, Ozgur Gelecek,Gercek, Newroz, Hedef, Ozgur Gundem, and Ozgur Ulke, althoughmost continue to publish. Many editions of Kurdish-orientedperiodicals were seized before they could be distributednationally to newsstands.Court proceedings were instituted against a number of editorsand publishers. The Anti-Terror Law, which provides that"written and oral propaganda...aiming at damaging theindivisible unity of the state of the Turkish Republic...(is)forbidden, regardless of the method, intention and ideas behindit," severely restricts freedom of speech and has been usedagainst writers, journalists, publishers, politicians,musicians, and students. Ismail Besikci served 10 years inprison between 1971 and 1987 because of his publications on theKurdish question in Turkey. He has been brought to court morethan 100 times and has been in prison again since November1993. The Court of Appeals has upheld a total of 14 years and6 months in prison terms and TL 850 million ($26,500) in fines.Were all the sentences and fines against him to be upheld, theywould total 51 years and 11 months in prison and TL 3.45billion ($108,000) in fines.A number of pro-Kurdish politicians were detained under, orotherwise affected by, the Anti-Terror Law in 1994 for speechesmade both within Turkey and beyond the country's borders.Those affiliated with the pro-Kurdish Democracy Party (DEP)were particularly targeted. In March, based on a request fromthe Ankara SSC chief prosecutor, Parliament partially liftedthe immunities of six DEP, one independent, and one IslamistRefah Party (RP) member. RP deputy Hasan Mezarci is beingtried for insulting Ataturk; the lifting of the immunity of oneof the six DEP M.P.'s was overturned; and the other five DEPM.P.'s (who lost their status as M.P.'s when the DEP wasdisbanded in June) and the independent were tried for treasonin the Ankara SSC. The bulk of the prosecution's case appearedto rest on speeches and expression of opinions.After the Constitutional Court closed the DEP in June, twoother former DEP MP's were arrested on July 1 and an indictmenton similar charges was issued against them. Their trialcommenced on October 26 and was later merged with that of theoriginal six defendants. On December 8, the eight defendantswere convicted of a combination of charges, includingdissemination of separatist propaganda, being a member of anarmed society or band, and knowingly supporting such a band.The sentences ranged from 3 years and 6 months (suspended) to15 years. Both defense and prosecution plan to appeal thedecision. Six others left the country and are currently inEurope.An April resolution of the Council of Europe's (COE)parliamentary assembly strongly criticized the lifting ofimmunity of the deputies. In a written statement, the Turkishparliamentary delegation to the COE, including the currentForeign Minister, opposed the resolution, asking that theircolleagues respect the Turkish Parliament's legitimateproceedings and emphasizing Turkey's right to combatterrorism.In another case, trade union chairman Munir Ceylan, convictedof disseminating separatist propaganda, began serving a20-month sentence for an article that appeared in the July 21,1991, issue of Yeni Ulke. In June journalist Haluk Gergerbegan serving a 20-month prison term for a message he sent to ameeting held in Ankara on May 22, 1993. On March 18, Dr.Fikret Baskaya began serving a 20-month term in connection withhis book, "Bankruptcy of the Paradigm: An Introduction toCritics of the Official Ideology." In July the Konya SSCsentenced Seydi Bayram, president of the Kuthaya branch of theHRA, to 20 months' imprisonment for using the word "Kurdistan"in an article in a local newspaper. In February Mehmet AliBaris Besli, owner and editor in chief of Ogni magazine, whichis published in the Laz dialect, was put on trial at theIstanbul SSC on charges of separatism relating to articlespublished in the November 1993 issue of the magazine. On May13, former mayor of Diyarbakir Mehdi Zana was imprisoned fortestimony he had given to the Human Rights Subcommittee of theEuropean Parliament. The Appeals Court upheld the sentence onNovember 3. According to government figures, 407 newspapers,490 periodicals and 35 books were confiscated during the first9 months of 1994.Military courts tried several cases against journalists andantiwar activists whose activities were alleged to discouragecompulsory military service. Erhan Akyildiz and Ali TevfikBerber were each sentenced to 2 months in prison for a programthey produced in December 1993 on a private televisionstation. The military appeals court later overturned theconviction and remanded the case to the military trial court.The retrial ended in acquittal. In November the military courtsentenced respected journalist Mehmet Ali Birand and two othersto 5 months in prison for a television program on militaryservice during which military personnel spoke; they willappeal. As of the end of the year, actress and musicianBilgesu Erenus was to stand trial in a military court oncharges of speaking out against military service at a 1993meeting.Legislative reforms in 1991 partially removed the ban on theuse of the Kurdish language. Kurdish-language cassettes andpublications on Kurdish subjects continued to be widelyavailable, although suppression continued as well. In Aprilthe Tunceli governorship banned the sale of 39 Kurdish-language cassettes. One Kurdish-language weekly, Welat, ispublishing currently; its editor in chief was brought to courtin the spring on charges of violating the Anti-Terror Law.Several others publish in a combination of Turkish andKurdish. Potential customers are afraid to purchase Kurdish-language materials because possession of such items may beinterpreted as evidence of PKK sympathies. Kurdish-languagebroadcasts are still illegal, though in June Prime MinisterCiller stated that the possibility of private broadcasting andeducation in languages other than Turkish might be discussed.By year's end, however, the Government had taken no furtheraction. President Demirel stated that Kurdish television andeducation would constitute concessions to terrorists and shouldbe allowed only after the terrorism ends.Newspaper correspondents and distributors in the southeast,especially those for the pro-Kurdish press, were harassed andreported being beaten and tortured in police stations duringperiods of detention. The pro-PKK Ozgur Gundem was harassedconsistently since its April 1992 inception. It closedpermanently in April 1994 when the appeals court began toratify a series of closure orders against the paper forpromoting separatism and printing the views of the banned PKK.Most of Ozgur Gundem's staff moved to Ozgur Ulke, which openedshortly after its predecessor's closure and continues topublish.Turkish press coverage of the situation in the southeast tendedto be unreliable, underreporting in some instances and grosslysensationalizing in others. Government decree 430 requiresself-censorship of all news reporting from or about thesoutheast, and, upon the request of the regional governor,gives the Interior Ministry the authority to ban distributionof any news viewed as misrepresenting events in the region. Inthe event such a government warning is not obeyed, the decreeprovides for a 10-day suspension of operations for a firstoffense and 30 days for subsequent offenses.In general, the mainstream Turkish-language press limited itsindependent reporting of news related to the southeast. Asidefrom the access of Ozgur Gundem and Ozgur Ulke correspondentsto the southeast and reporting in the English-language TurkishDaily News, most papers relied on official reports. Inresponse to growing criticism, the Justice Minister inSeptember established a commission to define freedom of thoughtand propose changes in the law, in particular the Anti-TerrorLaw. Journalists also face security concerns, includingthreats from the PKK which, for a time in late 1993, "banned"journalists and distributors from the Southeastern region.Until mid-1993 Turkish Radio and Television (TRT) had a legalmonopoly on broadcasting. Private radio stations beganoperating in 1991. In July 1993, Parliament voted to repealArticle 133 of the Constitution, thereby eliminating the State'smonopoly and permitting the establishment of private radio andtelevision stations. In April 1994, Parliament passed, and thePresident signed, regulatory legislation, pursuant to which itis illegal for stations to threaten the country's unity ornational security and limiting the private broadcast oftelevision programs in languages other than Turkish. However,state-run cable television carries a number of Europeanstations. At the end of 1994, some 40 private radio stationswere operating in Ankara and approximately 60 in Istanbul.Countrywide, there were 20 private television stations. Withthe increasing availability of satellite dishes and cable, manyTurkish viewers may now watch foreign broadcasts, includingseveral Turkish-language private channels.While the Culture Minister lifted bans against all formerlyprohibited books at the end of 1991, the Education Ministrycontinued to make recommendations on the "utility" of booksproposed for school curriculums or libraries. Books declared"without utility" are not allowed.Academic freedom is also severely restricted in practice by theprovisions of the Anti-Terror Law. For example, professorshave been convicted and sentenced for books they have written.The Constitution and the law governing political partiesproscribe student and faculty involvement in politicalactivities, although the Ciller Government's democratizationpackage, before Parliament since May, would lift thoserestrictions. b. Freedom of Peaceful Assembly and AssociationPeaceful assemblies are permitted upon prior notification togovernment authorities, who may restrict them to designatedsites. Authorities may deny permission if they believe thegathering is likely to disrupt public order. For example, theIzmir governorship refused to allow a meeting planned on thefirst anniversary of the Sivas incidents in which 37 werekilled in an antisecular riot.Security forces forcibly broke up a number of planneddemonstrations in 1994. On January 13, 5,000 civil servantsgathered in downtown Ankara to protest low wages. They weremet by police barricades; the police dispersed thedemonstrators through kicking and the use of truncheons,injuring 30 persons. On May Day, a demonstration in downtownAnkara turned violent when police beat demonstrators, includingM.P. Salman Kaya. Ten persons, three of whom were police, wereinjured in the melee. Following the May Day demonstration,Ankara security director Orhan Tasanlar, who assaulted somedemonstrators in the January civil servants' demonstration, wassuspended from duty pending an investigation but reinstated onMay 18. On September 4, police detained, and released 5 hourslater, 24 persons participating in a World Peace Week festivalon Istanbul's Besiktas wharf. Those detained carried postersstating "Peace Now" in five languages.In June the Constitutional Court ordered the closing of the DEPon the grounds that it "acted in a separatist manner andfunctioned against the Constitution and laws." Many of itsmembers formed the HADEP (People's Democracy Party) and weresoon subjected to similar investigations.</text>
</content>
<name>Turkey </name>
<script></script>
</card>
card_71519.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TURKEY HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 TURKEYTurkey is a constitutional republic with a multipartyParliament (the Grand National Assembly) which elects thePresident. Suleyman Demirel was elected President in 1993, andTansu Ciller, chairperson of the center-right True Path Party(DYP), became Turkey's first female Prime Minister in the sameyear.For the past decade, Turkey has engaged in armed conflict withthe terrorist Kurdistan Workers Party (PKK), whose stated goalis the creation of a separate state of Kurdistan insoutheastern Turkey. A state of emergency, declared in 1987,continued in 10 southeastern provinces where the Governmentfaces substantial terrorist violence from the PKK (see Section1.g.). A regional governor retains authority over those 10provinces, as well as 3 adjacent ones. A state of emergencyallows the civilian governor to exercise certain quasi-martiallaw powers, including restrictions on the press and removalfrom the area of persons whose activities are deemed hostile topublic order. The state of emergency decree was most recentlyrenewed in November 1994.The Turkish National Police (TNP) are charged with maintainingpublic order in the cities, a responsibility which the Jandarma(gendarmerie) carries out in the countryside. In 1994 theregular Turkish armed forces, mainly the army, took on aprimary role in combatting the PKK in the state of emergencyregion and thus assumed a greater internal security functionthan in previous years. Despite the Ciller Government's pledgein 1993 to end torture and to establish a state of law based onrespect for human rights, torture and excessive use of force bysecurity personnel persisted throughout 1994.Turkey has a mixed economy in which state enterprises accountfor nearly 40 percent of the manufacturing sector. A series ofeconomic crises culminated in the announcement on April 5 of amajor economic reform program, including the privatization ofstate-owned enterprises. Although the balance of paymentsimproved and inflation slowed, prices still increased over 100percent in 1994. The size of the state bureaucracy, the budgetdeficit, the inadequate tax system, and the inefficient statesector block economic growth. The conflict in the southeastcontinued to be a major drain on the economy.The human rights situation in Turkey worsened significantly in1994. The police and security forces often employed tortureduring periods of incommunicado detention and interrogation,and the security forces continued to use excessive forceagainst noncombatants. PKK terrorists murdered noncombatants,targeting village officials and teachers and also committingrandom murders in their effort to intimidate the populace.Parliament lifted the immunity of pro-Kurdish Democracy Party(DEP) members of Parliament (M.P.'s), opening the way forindictment and prosecution of five DEP M.P.'s and oneindependent, largely for the expression of views during theirtenure as M.P.'s. The Constitutional Court subsequently closedthe DEP, allowing two other M.P.'s to be prosecuted. The trialconcluded on December 8 with convictions for disseminatingseparatist propaganda and for supporting or being a member ofan armed band, which resulted in sentences ranging from 3 yearsand 6 months (suspended) to 15 years.Various agencies of the Government continued to harass,intimidate, indict, and imprison human rights monitors,journalists, lawyers, and professors for ideas which theyexpressed in public forums. Disappearances and mystery murdercases continued at a high rate in the southeast. The PKK andthe radical Islamic Hizbullah (not related to the LebaneseHizbullah) appear responsible in some cases. In other cases,however, the evidence implicated government security forces.In many human rights cases, the targets of abuse were ethnicKurds or their supporters. Moreover, the Governmentinfrequently prosecutes police or security officers forextrajudicial killings, torture, and other abuses; in the caseswhich produce a conviction, lenient sentences were usuallygiven. The resulting climate of impunity that has been createdprobably remains the single largest obstacle to reducingunlawful killing, torture, and other human rights abuses.The Government used the 1991 Anti-Terror Law, with its broadand ambiguous definition of terrorism, to detain both allegedterrorists and a broad range of people on the charge that theiracts, words, or ideas promote separatism and "threaten theindivisible unity of the State." In September the Governmentformed a Committee on Freedom of Thought to examine changes tothe Anti-Terror Law and other laws that severely restrictfreedom of expression. By mid-October the Committee had maderecommendations to Parliament which, if enacted and properlyimplemented, could significantly expand freedom of expression.However, at year's end, Parliament had not enacted thesechanges.While the Criminal Trials Procedure Law (CMUK), passed inNovember 1992, has improved attorney access for those chargedwith common crimes, certain of its provisions, such as earlyattorney access, do not apply to those detained under theAnti-Terror Law or within the state of emergency region. In1993 Parliament annulled the article of the Constitution underwhich the Government had a monopoly on radio and televisionbroadcasting, and in April 1994 passed regulatory legislationfor the legal operation of private broadcasting.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingPolitical murders and extrajudicial killings attributed toGovernment authorities and terrorist groups continued at therelatively high 1993 rates. Government authorities wereresponsible for the deaths of detainees in official custody;suspects in houses raided by security forces; and other typesof civilian deaths in the southeast. The Human RightsFoundation of Turkey (HRF), a Turkish nongovernmentalorganization which documents the human rights situation,claimed that government security forces were responsible for 33extrajudicial killings in the first 10 months of 1994. Asubstantial number of "mystery killings," in which theassailant's identity was unknown, also occurred.Human rights organizations also maintain that security forceswere complicit in a number of these "mystery killings."The Government maintains that the Hizbullah, an Islamicterrorist group, carried out 107 "mystery killings" in thefirst 9 months of 1994. The number of "mystery killings"remained high during the first 10 months of 1994 and, accordingto the HRF, 316 civilians were assassinated by unknownattackers, mostly in the east and southeast of the country.Many were leaders or prominent members of the Kurdishcommunity, physicians, human rights monitors, localpoliticians, and members of the Democracy Party (DEP). In thepast 2 years, at least 26 members of the DEP and its successor,the People's Democracy Party (HADEP), have been murdered.A parliamentary committee, which commenced its investigation in1993, continued to investigate mystery murders which haveoccurred since 1970, but had issued no report by year's end.The HRF reported that 18 persons died under suspiciouscircumstances while in official custody in the first 9 monthsof 1994, some as a result of torture. Of these, officialsclaimed that at least five committed suicide, a claim they havemade frequently in past cases of deaths in custody. In onesuch case, Can Demirag, detained by Istanbul police inconnection with a murder, was found dead on August 23 in hiscell in the Kadikoy security directorate where he was beinginterrogated. Police claimed Demirag had committed suicide byhanging himself with a sheet on the iron grating of theventilation window in the cell; the Istanbul prosecutor'soffice opened an investigation into his death, but by year'send had not released any information.By law, authorities are obliged to investigate all deaths incustody, but prosecutions of security force members for suchdeaths are rare. In one case, however, in September, theIstanbul Beyoglu district prosecutor's office brought murdercharges against police officer Abdullah Bozkurt on the groundsthat in March he shot to death university student Vedat HanGulsenoglu in the Istanbul Kasimpasa district police station.The prosecution requested a 30-year sentence for murder.In the southeast there were a number of murders of persons who,according to the authorities, had been released or were not incustody, but whose families were certain they were being held.For example, the Diyarbakir State Security Court (SSC) tookNecati Aydin into custody in March. On April 4, the judgesigned a release for Aydin, but he never emerged to meet hiswaiting family. On April 9, the bodies of Aydin and a friend,Mehmet Ay, were found buried to their necks near a river alongthe Diyarbakir/Silvan road. The Government states that theDiyarbakir Third State Security Court released Aydin and Ay ontheir own recognizance, and that they later turned up dead.In April, five village guards (a government-employedparamilitary force in the southeast) abducted Diyarbakirtradesman Serif Avsar in broad daylight. Avsar's familyfollowed them to a Jandarma station, yet authorities deniedthey were holding Avsar. He was found dead on May 7. Thevillage guards and an informant are on trial for Avsar'smurder. The Government maintains the murder resulted from aninterclan dispute.Regarding other ongoing cases, in the death in detention ofVakkas Dost, the policeman Nurettin Ozturk is still at large,and the trial is continuing. The trial in the case of YucelOzen in continuing. The trial of the 11 police officers in theBasalak case is ongoing.Human rights groups and parliamentarians continued to accuseTurkish security forces of carrying out extrajudicial killingsand using excessive force during raids on alleged terroristsafe houses rather than trying to arrest the occupants. Duringthe first 10 months of 1994, 27 people died in such raids,according to human rights groups. In Istanbul, two trials werestarted against police who had participated in two Dev Sol(Devrimci Sol, a Marxist terrorist group) safe house raids inNovember 1993 in which three persons died. In another casestemming from a May 1991 safe house raid in Istanbul in which 2died, 12 security officers were acquitted.In an April 1993 shoot-out in Tunceli, 12 Dev Sol militantswere killed. No investigation was initiated; according tosecurity forces, an investigation was unnecessary since it wasan armed clash.Prominent credible human rights organizations, Kurdish leaders,and local Kurds asserted that the Government acquiesces in, oreven carries out, the murders of civilians. Governmentofficials appeared to be investigating more of the reportedmurders than in past years. Some victims had previously beendetained, abused, or threatened by security forces. Humanrights groups reported the widespread and credible belief thata counterguerrilla group associated with the security forceshad carried out at least some "mystery killings." TheGovernment maintains that two factions of the Hizbullahcommitted most "mystery killings." In June the Diyarbakir SSCprosecutor's office launched the first trial against 35 membersof Hizbullah's Menzil faction, claiming that the defendantswere responsible for 39 armed attacks, resulting in 25 deathsand 32 injuries. A second trial against members of Hizbullah'sIlim faction began at the Diyarbakir SSC in July.On September 4, 1993, unknown persons fatally shot MehmetSincar, a DEP member of Parliament (MP) from Mardin, in thecity center of Batman. Twelve persons were arrested inconnection with the murder, and the case is currently beingtried. Sincar's widow has accused government forces ofcommitting the murder and has brought the case before theEuropean Human Rights Commission.Four members of the HADEP, successor party to the banned DEP(see Section 2.b.), were assassinated in the southeast duringSeptember. No evidence as to the identity of the perpetratorshas been brought to light, and no arrests were made in thesecases. Faik Candan, former Ankara provincial Chairman of DEPpredecessor HEP, was found dead on December 14, shot four timesin the head, neck, and chest, according to press reports.In contrast to 1993, there were no assassinations ofjournalists in 1994, but at least one journalist disappeared(see Section 1.b.). A distributor of the pro-PKK newspaperOzgur Ulke was killed in the explosion that ripped through thepaper's Istanbul building on the night of December 3.Moreover, as of October, none of the five murders ofjournalists committed in 1993, nor those previously, had beensolved.Although terrorists carried out political murders primarily inrural southeast Anatolia, they also launched several deadlyattacks during 1994 in urban areas. On January 14, bombskilled three on intercity buses in central Turkey, and onFebruary 12, an explosion at Istanbul's Tuzla train stationkilled 5 cadets and wounded 26. The PKK claimed responsibilityfor the Tuzla incident, but did not publicly claimresponsibility for the bus explosion, although most peoplebelieve it was responsible.Killings perpetrated by the PKK included those of stateofficials (Jandarma, local mayors, imams, and schoolteachers),state-paid paramilitary village guards and their familymembers, young villagers who refuse to be recruited, and PKKguerrillas-turned-informants. On January 1, the PKKintercepted two buses on the Diyabakir-Elazig highway, tookeight people into a field and shot them. On July 30, the PKKkilled seven village guards in an attack on Konalga village inVan province. The PKK publicly claimed to have killed "179village guards, including a leading village guard and 32 of hisrelatives" and "66 collaborators, agents, counterguerrillaorganization members, (and) police officials," during the monthof June. Teachers continued to be a main target of terroristactivities. During the year the PKK killed 20 teachers. b. DisappearanceDisappearances continued in 1994, while most of those reportedin 1993 and earlier remained unsolved. Some disappeared afterwitnesses reported that security forces had taken them intocustody. In March, Nazim Babaoglu, Urfa correspondent for thepro-Kurdish daily, Ozgur Gundem, disappeared. The Governmentmaintains that Abdulvahap Timurtas, who disappeared in August1993 in Yenikoy village, Sirnak province, was not taken intocustody, and that a village by that name does not exist. Hisfather accuses the security forces of abducting him. Hisbrother Tevfik Timurtas died under torture on January 5, 1991,in Cizre, according to the HRF. The Government says itreceived 28 claims of missing relatives in the first 9 monthsof 1994.The Government, human rights organizations, and the mediareport that the PKK routinely kidnaps young men or threatenstheir families as part of its recruiting. PKK terroristscontinued their abductions of local villagers, teachers,journalists, and officials in the southeast. For example, onJanuary 26 the PKK kidnaped two journalists and held them for4 months. The PKK again kidnaped two foreign tourists duringthe summer and eventually released them unharmed. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentDespite the Constitution's ban on torture, Turkey's accessionto the U.N. and European Conventions Against Torture, andpublic pledges of successive governments to end torture, thepractice continued. Human rights attorneys and physicians whotreat victims of torture state that most persons charged with,or suspected of, political crimes usually suffer some tortureduring periods of incommunicado detention in police stationsand Jandarma headquarters before they are brought before acourt. The HRF and private attorneys reported that there wasno indication of either the amelioration of treatment of thosecharged under the Anti-Terror Law or an overall decrease in theincidence of torture in 1994. In 1994 women again chargedsexual abuses while under official detention by securityofficials.Although the implementation of the CMUK on December 1, 1992,facilitated more immediate attorney access to those arrestedfor common crimes, its provisions of immediate attorney accessdo not apply to those detained in the state of emergency regionnor to those detained under the Anti-Terror Law. Someattorneys in the southeast reported that some common criminalsare booked on political charges, thereby depriving them ofaccess to or by an attorney. The CMUK's allowable, maximumprearraignment detention periods still exceed Council of Europemaximums.Human rights observers report that the system whereby thearresting police officer is also responsible for interrogatingthe suspect is conducive to torture because the officer seeksto obtain a confession that would justify the arrest.According to those familiar with Turkish police operations, inpetty criminal cases, the arresting officer is responsible forfollowing up on the case, whereas in major cases such as murderand political or terrorism-related crimes, "desks" responsiblefor the area in question are responsible for the interrogation.Commonly employed methods of torture reported by the HumanRights Foundation's Torture Treatment Centers include:high-pressure cold water hoses, electric shocks, beating on thesoles of the feet, beating of the genitalia, hanging by thearms, blindfolding, sleep deprivation, deprivation of clothing,systematic beatings, and vaginal and anal rape with truncheonsand, in some instances, gun barrels. In southern Turkey, asecurity official boasted of having deprived a suspect of sleepfor 6 days to obtain a confession.In a case in Istanbul in July, Yelda Ozcan, a formerrepresentative of the HRF, stated to several human rightsorganizations that a chief commissioner at the Beyoglu securitydirectorate had stripped and beaten her. She obtained amedical report and lodged an official complaint against thecommissioner. In another case, in April a 17-year-old femalestudent stated she had been beaten, hosed with pressurizedwater, and raped with a truncheon by police at Istanbul'sBahcelievler station, then released without charges having beenfiled.Although the Government asserted that medical examinationsoccur once during detention and a second time before eitherarraignment or release, former detainees asserted that somemedical examinations took place too long after the event toreveal any definitive findings. According to the HRF, practicevaries widely: In some cases proper examinations areconducted; in others, doctors sign papers handed to them; someexaminations are cursory, some are done in the presence ofpolice officials, and some doctors are at times under pressureto submit false or misleading medical certificates, denyingevidence of torture.Credible sources in the human rights and legal communitiesestimate that judicial authorities investigate only aboutone-half of the formal complaints involving torture andprosecute only a small fraction of those. Under theAnti-Terror Law, officials accused of torture or othermistreatment may continue to work while under investigationand, if convicted, may only be suspended.Special provincial administrative boards, rather than regularcourts, decide whether to prosecute in such cases, andsuspects' legal fees are paid by their employing agencies.Under the state of emergency, any lawsuit directed atgovernment authorities must be approved by the regionalgovernor. Because approval is rare, this blocks legal pursuitof torture allegations. Under the Administrative AdjudicationLaw, an administrative investigation into alleged torture casesis conducted under the civil service adjudication law todetermine if there is enough evidence to bring a lawenforcement officer to trial. Under the CMUK, whileprosecutors are empowered to initiate investigations of policeofficers or Jandarma suspected of torturing or maltreatingsuspects, in cases where township security directors orJandarma commanders are accused of torture, the prosecutor mustobtain permission to initiate an investigation from theMinistry of Justice because these officials are deemed to havea status equal to that of judges.According to the Government, in the first 9 months of 1994,prosecutors considered 963 complaints of torture ormaltreatment. Of those, 314 cases were opened, 355 were inpreparation, 187 were dropped, in 25 cases the court decided itdid not have the authority to pursue the case, and in 47 casesthe court referred the case to another court. There were 11convictions, 22 acquittals; in one case the complaint waswithdrawn. Most of these cases were in Istanbul and Ankara;few were in the southeast.In the few instances in which law enforcement officers areconvicted of torture, sentences tend to be light. In JulyEkrem Guner, a noncommissioned officer, was convicted oftorturing two persons in Ordu in 1989, sentenced to 2 years inprison, suspended from duty for 5 months and 15 days, and finedTL 375,000 (roughly $12). In July the Ankara administrativecourt ordered the Interior Ministry to pay Mediha Curabaz TL 10million (roughly $300) in compensation for torture shesustained in August 1991 by the Adana police. The Adanaprovincial administrative commission had refused to try thepolice officers involved on charges of rape and torture,despite a medical report which confirmed the charge of rape.The trial of six security officers accused of torturing BakiErdogan (who died in custody) in Soke district of Aydinprovince in August 1993 began in May and was continuing atyear's end. In April the torture conviction of two officersand two noncommissioned officers in the 1985 torture and deathof schoolteacher Siddik Bilgin was overturned on appeal, andthe officers were acquitted on retrial.. The case of Nazli Top,a nurse (pregnant at the time) who alleged she was tortured andraped with a truncheon in April 1992 before police released herwithout charge, came to trial in December 1993. The trialcontinues.As Turkey recognizes the jurisdiction of the European Court ofHuman Rights and the European Commission of Human Rights,Turkish citizens may file applications alleging violations ofthe European Convention on Human Rights with the Commission.Some 250 cases are currently before the Commission. InFebruary the Government promised the Commission to paycompensation to the villagers of Yesilyurt in Cizre provincewhom Jandarma troops forced to eat human excrement in January1989. A total of 300,000 French francs in compensation is tobe paid.In January authorities sent a Prime Ministerial circular to theMinistries of Justice, Interior, and Foreign Affairs, directingthat police prepare monthly reports on the incidence of ill-treatment and torture and ensure that medical examinations arecarried out carefully to provide accurate forensic evidence.While statistics generally have been submitted as required,there is no evidence that the reporting requirement has had anyeffect on the incidence of torture.As of September, 4,149 applications claiming torture,maltreatment, or arbitrary detention had been filed with theparliamentary Human Rights Commission, since its September 1991inception. In each case, the Commission had written to theoffices of the public prosecutor, the governor's office, andthe security directorate general, and there is no indicationthat these communications have had any effect or that theCommission has followed up on these cases. The HRF's torturerehabilitation centers in Ankara, Izmir, and Istanbul reportedthat, within the first 6 months of 1994, they had received atotal of 196 applications for treatment.Police continue to force women in custody and others to undergovirginity testing even though the state minister in charge ofwomen's affairs condemned the practice in 1992. The tests areimposed particularly on women who file a criminal complaintalleging a sexual crime. Although legally only a court or aprosecutor may order them, police continue to impose the teststo on female detainees. Though women may refuse the exams,they are rarely informed of that right.Prison conditions remained another problem area in 1994. Asrecently as early November, the Justice Ministry announcedplans to build new prisons and upgrade old ones to deal withthe increase in the number of inmates convicted of terroristcrimes. The refurbished Eskisehir Prison and four others wereto reopen by the end of the year. As in 1993, groups ofinmates carried out hunger strikes to protest poor conditionsand their treatment by prison guards, and one inmate was killedand several injured in an October riot at Diyarbakir SecurityPrison. The Government promised prison reform in 1993, but atthe end of 1994 Parliament had not enacted it. Torture inprisons has decreased in the last few years, but continues tooccur. d. Arbitrary Arrest, Detention, or ExileIn order to take a person into custody, a prosecutor must issuea detention order, except in limited circumstances such as whena person is caught in the act of committing a crime. Thedetention period for those charged with common, individualcrimes is 24 hours. Those detained for common, collectivecrimes may be held for 4 days, and the detention period may beextended for an additional 4 days. Under the CMUK, suspectsare entitled to immediate access to an attorney and may meetand confer with the attorney at any time. In practice, thisaccess continued to improve for detainees charged with commoncrimes.Persons detained for individual crimes which fall under theAnti-Terror Law must be brought before a judge within 48 hours,while those charged with crimes of a collective, political, orconspiratorial nature may be detained for up to 15 days in mostof the country and up to 30 days in the 10 southeasternprovinces under a state of emergency. There is no guaranteedattorney access under law for persons whose cases fall underthe jurisdiction of the state security courts; these includethose charged with smuggling and with crimes under theAnti-Terror Law. Attorneys and human rights organizationsaffirm that this lack of access is a major factor in thecontinuing, widespread use of torture by police and securityforces.The decision concerning access to counsel in such cases is leftto the independent prosecutor, who generally denies access,usually with the explanation that it would prejudice an ongoinginvestigation. The Justice and Interior Ministries generallyhave not intervened in prosecutors' decisions or police actionsdenying access to counsel. Although the Constitution specifiesthe right of detainees to request speedy arraignment and trial,judges have ordered a significant number of persons detainedindefinitely, sometimes for years. While many cases involvedpersons accused of violent crimes, it is not uncommon for thoseaccused of nonviolent political crimes to be kept in custodyuntil the conclusion of their trials.By law, a detainee's next of kin must be notified "in theshortest time" after arrest. Once formally charged by theprosecutor, a detainee is arraigned by a judge and allowed toretain a lawyer. After arraignment, the judge may release theaccused upon receipt of an appropriate guarantee, such as bail,or order him detained if the court determines that he is likelyto flee the jurisdiction or destroy evidence.Authorities detained large numbers of people on severaloccasions in 1994, including the detention in February of 100people at the funeral of Cengiz Arguc, a Communist militant, inAdana (all but 5 were released within a day); and the detentionduring Nevroz (Kurdish New Year) of 200 persons in Diyarbakirafter a celebrant reportedly shot at a police car. In mostsuch cases, the majority of detainees are subsequently releasedwithout charges being filed; many have reported being torturedduring such detentions. In the southeast there were severalroundups of ethnic Kurds in the wake of a crime. For example,after 5 PKK militants killed 1 policeman and wounded 5 nearIgdir in April, police reportedly captured the 5 militants andclaimed that "175 PKK supporters" were captured in the ensuingsecurity operations.</text>
</content>
<name> </name>
<script></script>
</card>
card_71299.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TUNISIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 2.b.). In 1994 LTDH held its first congress since1989, released a credible report on the conduct of the nationalelection, published communiques on specific cases, and providedlegal counsel for defendants in some cases.The Arab Institute of Human Rights, founded in 1989, is acollaborative effort of the Tunisian Human Rights League, theArab Organization for Human Rights, and the Union of ArabLawyers. The Higher Committee for Human Rights and BasicFreedoms, established by the President in 1991, continued toadvise the President on human rights issues but did not makepublic any of its findings or recommendations.The Government in 1992 created offices in the Ministries ofForeign Affairs, Justice, Interior, and Social Affairs tocoordinate human rights concerns. These offices advisepolicymakers, coordinate human rights training, and investigatecitizens complaints.In 1994 relations between the Government and AmnestyInternational (AI) remained poor (see Sections 1.e. and 2.a.).Section 5 Discrimination based on Race, Sex, Religion, Disability, Language, or Social Status WomenAlthough women still face discrimination in certain legal andsocial matters, the Government has made serious efforts toadvance women's rights. In 1993 the Chamber of Deputiesexpanded women's rights by amending the 1956 Personal StatusCode. The Government has also ensured equal employment rightsfor women by instituting changes in the Labor Code and signingvarious international treaties and conventions. In 1994 theGovernment enacted a law to subsidize the child-care costs formothers employed outside the home.There is a significant trend toward greater educational andprofessional opportunities for women. In 1994 the NationalUnion of Tunisian Women (UNFT) was awarded UNESCO's top prizeworldwide for its work in the fight against female illiteracyin Tunisia. The number of women in the medical, legal, andother professions continued to grow steadily. Women comprisean estimated 25 percent of the work force, a figure whichprobably underestimates their presence as many women areemployed in the informal sector as well as seasonally inagriculture. According to government figures, women comprise26 percent of the civil service, employed mainly in the fieldsof education, health, and social affairs at the middle or lowerlevels. Violence against women is known to occur, but there are nostatistics on its extent. In recent years, the media havereported on this subject, stressing that violence against womenis a serious social problem. The Tunisian Association ofDemocratic Women operates a walk-in counseling service in Tunisfor battered women, assisting about 20 women a month. Batteredwomen generally first seek assistance from family members.Human rights monitors have said that police intervention isoften ineffective because officers tend to regard incidents asfamily problems to be handed by family members. Few cases ofspousal violence are brought to trial. In 1993 the Chamber ofDeputies strengthened criminal penalties for wife beating,requiring judges to issue more severe sentences. ChildrenLaws protecting the rights of children are included in statutesgoverning education, health, inheritance, adoption, and childcustody. The Government is committed to upholding these laws.The personal status code provides protection for children inadoption or custody cases, or in cases of the death orincapacitation of the children. There is no pattern ofsocietal abuse against children. Criminal penalties forpersons convicted of child abuse or neglect are severe.Education is mandatory until age 16, though approximately 10percent of students leave school before that time. Indigenous PeopleThe small Berber minority constitutes under 3 percent of thepopulation. Some older Berbers have retained their nativelanguage. Younger Berbers have been assimilated into Tunisianculture through schooling and marriage. Berbers are free toparticipate in Tunisia's political process and expressthemselves culturally. People With DisabilitiesA law enacted in 1981 prohibits discrimination based ondisabilities and mandates that disabled persons comprise atleast 1 percent of public agency and private sector employees.All public buildings constructed since 1991 must guaranteeaccessibility to physically disabled persons. Many cities,including Tunis, have begun to install wheelchair access rampson city sidewalks. There is a general trend toward makingpublic transportation more accessible to disabled persons. TheGovernment issues special cards to the disabled for benefitssuch as unrestricted parking, priority medical service,preferentail seating on public transportation, and someconsumer discounts.Section 6 Worker Rights a. The Right of AssociationThe Constitution and the Labor Code stipulate the right ofworkers to form unions. The Tunisian General Federation ofLabor (UGTT) is the country's only labor federation and claimsabout 15 percent of the work force as members, including civilservants and employees of state-owned enterprises. There is nolegal prohibition against the establishment of other laborfederations. A union may be dissolved only by court order.The UGTT and its member unions are legally independent of theGovernment and the ruling party but operate under regulationswhich restrict their freedom of action. The UGTT's membershipincludes persons associated with all political tendencies,although Islamists have been removed from union offices. Thecurrent UGTT leadership follows a policy of cooperation withthe Government and its economic reform program. However, thereare credible reports that the UGTT receives substantialgovernment subsidies to supplement the modest union dues andfunding from the National Social Security Account.Unions, including civil servants, have the right to strike,provided they give 10 days' advance notice and the UGTTapproves of the strike. These restrictions, however, arerarely observed in practice. In recent years, the majority ofstrikes were illegal because the UGTT did not approve them inadvance. The Government does not prosecute workers involved inillegal strike activity. In 1994 there were 202 illegal and 42legal strikes. The law prohibits retribution against strikers.but some employers punish strikers who are then forced topursue costly and time-consuming legal remedies to protecttheir rights.Labor disputes are settled through conciliation panels on whichlabor and management are equally represented. The 1994 LaborCode reform set up tripartite regional arbitration commissions,which settle industrial disputes when conciliation fails, toreplace the former single arbiter system.Unions are free to associate with international bodies. b. The Right To Organize and Bargain CollectivelyThe right to organize and bargain collectively is protected bylaw and practiced throughout the country. Wages and workingconditions in Tunisia are set through negotiation by the UGTTmember federations and employer representatives. Approximately47 collective bargaining agreements set standards forindustries in the private sector and cover 80 percent of thetotal private sector work force. The Government's role inthese negotiations is minimal, consisting mainly of lending itsgood offices if talks appear to be stalled. However, theGovernment must approve of, but not modify, the agreementswhich must be published in the official journal before theybecome legally binding.The UGTT also negotiates with the various ministries and 208state-run enterprises on behalf of public sector employees. By1994, the UGTT had concluded 3-year public and private sectorcollective bargaining agreements calling for an average5-percent annual wage increase.The law prohibits antiunion discrimination by employers. TheUGTT claims, however, that there is increasing antiunionactivity among private sector employers, especially the allegedfiring of union activists and the use of temporary workers toavoid a unionized work site. In certain industries, such astextiles, temporary workiers account for 80 percent of the workforce. The Labor Code protects temporary workers, butenforcement is more difficult than in the case of permanentworkers. A 1994 labor code revision established a committee tohear cases involving alleged unjustified firing of workers.There are two export processing zones, but they have not yetbegun operations. c. Prohibition of Forced or Compulsory LaborThe law does not specifically prohibit compulsory labor, butthere have been no reports of its practive in recent years. In1994 the International Labor Organization's (ILO) Committee ofExperts stated that the Government may violate ILO Convention29 on forced labor but noted the President's intention toabolish the criminal penalty of "rehabilitation through work"on state worksites. At year's end, the Chamber of Deputies wasconsidering a draft bill on the issue. The practice ofsentencing convicts to "rehabilitation through work" dates tothe Penal Code of 1912. d. Minimum Age For Employment of ChildrenThe minimum age for employment in manufacturing is 15 years, inagriculture 13 years. The Government requires children toattend school until age 16. Workers between the ages of 14 and18 are prohibited from working from 10 p.m. to 6 a.m. Childrenover the age of 14 may work a maximum of 4.5 hours a day. Thecombination of school and work may not exceed 7 hours.Inspectors of the Ministry of Social Affairs examine therecords of employees to verify that employers comply with theminimum age law. Nonetheless, young children often performagricultural work in rural areas and work as vendors in urbanareas.The UGTT has expressed concern that child labor--frequentlydisguised as apprenticeship--still exists, principally in thehandicraft industry. In other instances, young rural girls aresometimes placed as domestics in urban homes by their fatherswho collect the child's wages. e. Acceptable Conditions of WorkThe Labor Code provides for a range of administrativelydetermined minimum wages. The minimum wage levels aredetermined by a commission of representatives from the theMinistries of Social Affairs, Planning, Finance, and NationalEconomy. During the course of its deliberations, thecommission consults with the UGTT and the Employers Union. ThePresident approves the commissions' recommendations. Whensupplemented by transportation and family allowances, theminimum wage covres only essential costs for a worker and hisfamily. In August the commission raised the minimum monthlyindustrial wage to about $130 for a 40-hour workweek and thedaily minimum agricultural wage at nearly $4.50.The Labor Code sets a standard 48-hour workweek for mostsectors and requires one 24-hour rest period. The workweek is40 hours for those in the energy, transportation,petrochemical, and metallurgy industries.Regional labor inspectors are responsible for enforcingstandards, they inspect most firms about once every 2 years.However, the Government often encounters difficulty inenforcing the minimum wage law, particularly in nonunionizedsectors of the economy. Moreover, according to a 1992 study,some 240,000 workers are employed in the informal sector, whichfalls outside of the purview of labor legislation.The Ministry of Social Affairs has responsibility for improvinghealth and safety standards in the workplace. There arespecial government regulations covering such hazardousoccupations as mining, petroleum engineering, andconstruction. Working conditions and standards tend to bebetter in firms that are export-oriented than in thoseproducing for the domestic market. Reported workplaceaccidents during the first 6 months of 1994 (latest dataavailable) indicate a 0.9 percent decline in mishaps over thesame period in 1993. However, the total workdays lost due toaccidents during the same period were up 6.5 percent over1993. Work-related deaths increased to 82 in the first 6months of 1994, compared to 76 for the same period in 1993.Workers are free to remove themselves from dangerous situationswithout jeopardizing their employment, and they may take legalaction against employers who retaliate for exercizing theirright.</text>
</content>
<name>Tunisia </name>
<script></script>
</card>
card_70928.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TUNISIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 TUNISIAThe Republic of Tunisia is dominated by President Zineel-Abidine Ben Ali and the Constitutional Democratic Rally(RCD). Ben Ali was elected to a second 5-year term in March.He ran unopposed. The President appoints the Prime Minister,Cabinet, and 23 Governors. In the March election, the RCD won144 out of the 163 seats in Parliament. Four nominalopposition parties hold the remaining 19 seats. In 1992 theGovernment banned the Islamist party, An-Nahda, after a courtsentenced 265 of its members to prison for allegedly plottingto assassinate the President and overthrow the Government.The internal security forces include a paramilitary nationalguard organized within the Ministry of Interior. The securityservices continued to be responsible for human rights abuses,including torture, though the number of known cases appears tohave declined significantly in 1994. They were allegedlyresponsible for the deaths of three persons in their custody.The major sectors of the economy include agriculture, tourism,petroleum, textiles, clothing, and other manufactured exports,and remittances from workers abroad. Despite a severe drought,the economy continued its noninflationary growth in 1994, ledby a 17.7-percent jump in tourism.Complaints of police abuse, including torture, declinedsignificantly in 1994, due in part to government efforts toeducate its police force and prosecute offending officers. Thesecurity forces also made fewer security-related arrestscompared to 1993. However, significant human rights abusescontinued. The Government imprisoned two self-proclaimedpresidential candidates, as well as an opposition candidate forParliament who complained to a foreign journalist about theresults of the national elections.The Government also stifled freedom of speech and the press.The authorities dismissed a journalist from his government jobfor providing an interview with one of the unofficialpresidential candidates to a foreign publication; banned twoFrench newspapers indefinitely for criticizing the Government;declined to renew the residency of a foreign correspondent,requiring him to depart the country; denied an entry visa toanother foreign journalist to cover the elections; andinterrupted telephone service to one foreign press service for1 week and instructed its resident correspondent to depart thecountry.The police harassed several of the 117 women who signed apetition asking the Government to move more quickly on humanrights reforms. Additionally, the Government continued to seekout and arrest suspected members of An-Nahda and the bannedCommunist Worker's Party (POCT) and to harass their relativesand friends, including repeated interrogations and homesearches without warrants. Other significant human rightsproblems include: incommunicado detention, the Government'srefusal to publish information on the punishment of securitypersonnel who have abused prisoners, and governmentalinterference with the right to privacy.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThree reports of deaths in custody came to light in 1994. OnFebruary 27, the police arrested Lotfi Ben Mohammed Guelaa, astudent in Paris and a leader in an Islamic student group,after his arrival at Djerba airport. In early March, Guelaadied in his police cell. The Government says he committedsuicide by hanging himself. The authorities arrested IsmailKhmira in 1991 for his suspected involvement with An-Nahda. Hedied in prison on February 25 of pneumonia according to theGovernment. The National Guard arrested Ammar Beji on November9 after he became involved in an argument with a governmentofficial near Sfax. The guard said Beji hanged himself in hispolice cell on November 10. The Government has not made publicits investigations into the deaths of Guelaa, Khmira, or Beji.A possible fourth death in custody remained unconfirmed atyear's end. Sources reported that Ezzedine Ben Aiche allegedlydied in August near Sousse while in police custody.In 1994 the Government concluded its investigations into fivecases of persons who died in police custody dating to1991--Faisal Barakat, Abdelaziz Mehouachi, Ameur Degachi, FethiKhiari, and Rachid Chammahk. In each case, the officialinvestigation concluded there was no evidence of policemalfeasance. Investigations continue in two other deaths incustody from 1991. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentWhile the law prohibits the mistreatment of detainees, therecontinued to be credible reports that security forces mistreatsuspected Islamists, leftists and other persons suspected ofantigovernment activities. Many accused Islamists have claimedin court that the police extracted their confessions by torture.The Government denies that torture is practiced as a matter ofpolicy but ackowledges that security officials have abuseddetainees in some cases. According to the Government, thecourts convicted 24 police officers in 1992 for humanrights-related violations. In 1993 the Government accused 17police officers of human rights violations. The Government hasnot identified them by name or indicated the nature of theiroffense or their punishment.The Government has taken a number of steps in response toconcerns about human rights abuses, including training forpolice, who are now required to sign a statement that they areaware of Tunisian and international human rights standards andwill abide by them. Manuals containing human rights documentsand directives are provided to police officers. Governmentofficials claim the educational level of police recruits hasincreased, and veteran officers continue to undergo training.All judges and prosecutors receive a two-semester course on thescope and applicability of international human rights treatiesand conventions as part of their training at the Magistrates'Institute. In October the Government authorized the TunisianHuman Rights League (LTDH) to conduct prison visits.Prison conditions meet internationally recognized minimumstandards. d. Arbitrary Arrest, Detention, or ExileThe law authorizes the police to make arrests without warrantsfor suspected felonies and crimes in progress and to holdsuspects in prearraignment detention for a maximum of 10 days.Attorneys, human rights monitors, and former detainees maintainthat the authorities circumvent the 10-day limit by delayingthe registration of the date of arrest.Detainees have the right to be informed of the grounds forarrest before questioning and to be represented by counselduring their arraignment hearings. Detainees do not have theright to a lawyer during prearraignment detention but mayrequest an examination by a medical doctor. Otherwise they areheld incommunicado during this period. The Government provideslegal representation to indigents.The examining magistrate at the arraignment may decide torelease the accused or remand him to pretrial detention. Incases involving serious felonies or national security, theaccused may be held for 6 months in pretrial detention,renewable by court order for two additional 4-month periods.There were credible reports that some detainees have been heldin pretrial detention longer than the maximum 14 months. Thereis a system of bail, but it is rarely used.Exile is prohibited by law and not practiced by the Government. e. Denial of Fair Public TrialThe court system comprises the regular civil and criminalcourts, including a Court of Appeals, a Supreme Court, and aMilitary Tribunal. The judiciary is not independent of theexecutive branch. The latter appoints, assigns, grants tenureto, and transfers judges, a situation that makes judgessusceptible to pressure in politically sensitive cases.In general, defendants in criminal cases receive due process.They have the rights to be present at their trials, representedby counsel, question witnesses, and appeal verdicts. However,because the presiding judge dominates the trial, the role ofthe defense attorney in questioning witnesses is minimal. In1994 some defense lawyers complained that the courts did notgrant them sufficient time to prepare their cases.Although trials in the regular courts are open to the public,judges have restricted access in cases involving accusedIslamists or leftists. Family members and other interestedparties must obtain police approval to attend such trials. In1994 the Government denied an entry visa to an AmnestyInternational (AI) researcher who sought to observe the trialof a prominent leftist dissident, Hamma Hamami, the leader ofthe banned Tunisian Communist Workers Party. The AI researcherhad previously written reports critical of the Government.Hamami's trial was not fair by international standards: hislawyers did not have sufficient access to their client or timeto prepare their defense; the police had physically mistreatedHamami while in pretrial detention; the court did not conduct acomplete investigation prior to going to trial; and the courthanded down a sentence that was not comensurate with hisalleged crime.The Military Tribunal tries cases involving military personneland civilians accused of national security crimes. TheTribunal consists of a civilian judge from the Court ofCassation and four military judges. Defendants may appeal theTribunal's verdicts to the Court of Cassation, but the reviewis limited to matters of law and procedure, not the facts ofthe case. f. Arbitrary Interference With Privacy, Family, Home, or CorrespondenceThe Constitution provides for the inviolability of the personand the home and for the privacy of correspondence, "except inexceptional cases defined by law." Police must have a searchwarrant, but this requirement is sometimes ignored in cases inwhich the authorities consider that state security is involvedor in which a "flagrant crime" is deemed to have been committed.The authorities continued to monitor the activities ofIslamists and leftists and searched their homes withoutwarrants. They frequently harassed the relatives andassociates of such persons by repeatedly interrogating them.During the year, several human rights monitors andoppositionists accused the Government of harassment andintimidation. Police presence in urban areas is heavy.Traffic officers routinely stop motorists to examine theiridentity and vehicular documents.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of thought, expression,and the press. In practice, however, the exercise of thesefreedoms is limited, as several government actions during 1994demonstrated. The Press Code includes broad provisionsaddressing subversion and defamation, neither of which isclearly defined or subject to judicial review. The Governmenthas used these provisions for arresting political opponents andbringing suits against the media.In March police arrested two self-proclaimed presidentialcandidates who had criticized the Government: Moncef Marzoukiand Abderrahmane El-Hani. The Government charged Marzouki, aformer president of the Tunisian Human Rights League, withspreading false information and defaming judicial authoritiesin an interview with a Spanish newspaper. They detainedMarzouki for 4 months before releasing him, but his case isstill under official investigation. The authorities chargedEl-Hani, a lawyer, with membership in an unauthorizedorganization and spreading false information and held him indetention for 2 months; his trial date is pending.Also in March, the authorities detained for 5 days BoujemaaRemili, a defeated opposition party candidate in theparliamentary election. Remili had complained that thenational elections were neither free nor fair. He was laterconvicted of spreading false information and given an 8-monthsuspended sentence.In May, 117 women signed a petition asking the Government toaccelerate the pace of human rights reform. The authoritieslater harassed and intimidated several of them at work and athome.Restrictive laws and practices limit freedom of the press.Journalists and writers generally censor themselves becausethey fear government retribution if they publish overlycritical articles.The Government amended the Press Code in 1993 to expand thedefinition of defamation to include the expression of opinionsbased on racism, regionalism, or religious extremism.Journalists express concern about the vague language, fearingthat it gives the Government additional grounds for legal suits.The Government exerts considerable control over editorials byproviding official texts on major domestic and internationalevents. The daily newspapers routinely carry policyannouncements verbatim. Editorials do not criticise thePresident or other senior government officials. Publishers andeditors have been reprimanded when government guidelines werenot followed, encouraging further self-censorship.The Government requires domestic printers to deposit copies ofall publications destined for public sale in Tunisia with thesecretary of state for information and with the Ministries ofInterior and Justice prior to public release. The authoritiesmay seize a publication without compensation.The Government also showed intolerance of criticism in theforeign media. In February the Government refused to renew theresidence visa of a Tunis-based British BroadcastingCorporation correspondent who had interviewed a Tunisiandissident about his presidential aspirations and broadcast aninterview with London-based An-Nahda leader Rachid Ghannouchiapproving of the dissident's candidacy. Also in February, theGovernment temporarily interrupted telephone service to theoffice of the Kuwaiti News Agency and told its correspondent toleave Tunisia after he reported an interview with Ghannouchi.In March the Government denied an entry visa to cover thenational elections to a reporter for the French newspaper LeMonde. The reporter had previously written articles deemedoffensive by the Government. Also in March, the authoritiesdismissed a Tunisian journalist from his job with thegovernment-controlled Tunisian News Agency (TAP). Thejournalist worked as a stringer for a French newspaper and hadsubmitted an interview with a Tunisian dissident to thatpublication. Later the Government prohibited indefinitely theimportation of two French publications, Le Monde andLiberation, after they published articles critical of theGovernment and the President.The Ministry of Interior censors all imported publication priorto public release. In 1994 the Ministry prevented editions ofthe French magazines Le Point and Jeune Afrique fromdistribution onto the market and prohibited the entry of someAmnesty International publications.The Government owns and operates the Tunisian Radio andTelevision Establishment (ERTT). Broadcast media coverage ofthe Government is taken directly from TAP. There are twotelevision channels and several regional radio stations. Underbilateral agreements with France and Italy, citizens are ableto receive the French channel France 2 and the Italian stationRai Uno. However, in accordance with its agreement withFrance, the Government replaces the prime-time news program onFrance 2 with a news broadcast produced by the ERTT.More than 30,000 homes and multifamily dwellings have satellitereceiving dishes. In December the Government imposed atemporary halt on the granting of new licenses for the dishes.Like journalists, university professors practice a form ofself-censorship, avoiding classroom criticisms of the Govermentor statements supportive of the Islamist An-Nahda party. Thepresence of police on campuses also discourages dissent. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for freedom of assembly. Groupswishing to hold a public meeting, rally, or march must obtain apermit from the Ministry of the Interior. The Governmentnormally approves such permits, except in cases involvingproscribed political parties or associations.In March 1992, the Government amended the Law on Associationsto prohibit an officer of a political party from serving as anofficer of an association and to prohibit associations fromrejecting prospective new members. The amendment had a directimpact on the Tunisian Human Rights League (LTDH), as some ofits officers were also officers in political parties, and theLeague maintained a policy of closed membership to the generalpublic. Not wishing to violate the new law, LTDH did not holda meeting for more than a year.In 1993 the League negotiated a partial arrangement with theGovernment, agreeing to prohibit League officers from alsoholding office in a political party--but maintaining its policyof closed membership. That settlement permitted the League tohold an election for its governing board in February.Afterwards, the League conducted its normal activities,although it and the Government continue to discuss themembership issue. There is no available information indicatingthat the Government has applied the amendment to the Law ofAssociations to other groups. Local human rights monitors fearthat the law increases government influence over allorganizations.The law on political parties stipulates that parties mustreject all forms of violence, including fanaticism, racism, andother types of discrimination. No political party may be basedon religion, race, sex, or region, or receive funds from aforeign party or aid from foreign governments and citizens.All party members must be citizens for at least 5 years.There are seven legal political parties. In addition, thereare a few unrecognized parties, including the Islamist An-NadhaParty, which aspire to recognition, and the Maoist TunisianCommunist Workers' Party, which remains underground. TheGovernment states that An-Nahda is ineligible for recognitionbecause it is based on religion.The Government uses its authority to license political partiesas a means to control the political environment. It does notgrant legal recognition to parties deemed to be a threat to theexisting political order. Aspiring political parties file forregistration with the Ministry of Interior. In 1994 a newgroup--the Democratic Forum for Labor and Liberties--attemptedto register itself as a political party. The Government has sofar refused to accept the application. c. Freedom of ReligionIslam is the state religion, but the Government permits thepractice of other religions. The Government regards the Baha'ifaith as a heretical sect of Islam. Adherents may practicetheir faith in private only. However, the Government appearsto have eased some other restrictions, which in the pastincluded the denial of passports to Bahai's.With a population of 2,500, Jews are the country's largestindigenous religious minority. The Government assures theJewish community the freedom of worship, safeguards itssecurity, and pays the salary of the Grand Rabbi. The smallChristian community is mainly composed of foreigners. They arefree to attend church services.The Government views proselytizing as a provocative act against"public order." Authorities ask foreigners suspected ofproselytizing to depart the country and do not permit them toreturn. In 1994 no persons were known to have been arrestedfor proselytizing. However, the authorities did not renew theresidency permits of some foreigners suspected of proselytizing.The Government controls the mosques and pays the salaries ofthe prayer leaders. According to the 1988 law on mosques, onlygovernment-appointed personnel may lead activities in themosques, except with permission from the Prime Minister'soffice. d. Freedom of Movement Within The Country, Foreign Travel, Emigration, and RepatriationThere is freedom of movement within Tunisia, and people arefree to change their place of residence or work at will.In 1994 there were credible complaints that the Governmentwithheld or limited passports in certain cases. Islamistscontinued to report difficulties in obtaining passports. TheGovernment stated it denies passports only to persons withlegal problems at home or abroad and to those who are notlikely to use them for tourist purposes. However, lawyers whohave defended Islamist clients and persons associated withleftist or opposition causes also reported that they and theirfamily members were unable to obtain or renew passports.There is no arbitrary restriction on emigration orrepatriation. The Government does not accept refugees forpermanent resettlement. There were no reported cases in 1994of forced repatriation.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe ability of citizens to change their government throughdemocratic means has yet to be demonstrated. The rulingConstitutional Democratic Rally (RCD) Party, and its directpredecessor parties, have controlled the political arena sinceindependence. The RCD controls the Cabinet, the Chamber ofDeputies, regional and local governments, and the securityapparatus. The President appoints the Prime Minister, theCabinet, and the 23 Governors. The President and the RCDdominate politics at the national, regional, and local levels.The Government and the RCD are closely integrated: ThePresident of the Republic is also the president of the RCD, andthe RCD's Secretary-General holds the rank of Minister of State.The largest opposition party, the proscribed Islamist An-NahdaParty, received 12 percent of the vote in the 1989 legislativeelections, when the Government permitted its candidates to runas independents. However, the party is in disarray followingthe conviction in 1992 of nearly all of its leaders forplotting to overthrow the Government. In 1992 a courtsentenced in absentia Rachid Ghannouchi, the nominal head ofthe party, to life in prison. Ghannouchi was granted politicalasylum in Britain in 1993.The Chamber of Deputies has 163 seats. It has yet to establishitself as an effective counterweight to executive authority.The electoral code provides for a winner-take-all formula inlegislative elections, but the Government amended the law in1993 to add 19 additional seats in the Chamber of Deputies forparties that do not win seats. Four opposition parties thatparticipated in the March legislative election were apportionedthose seats. Elections for the Presidency and the Chamber ofDeputies are held every 5 years. Voting is by secret ballot.All legal parties are free to present candidates.Presidential candidates must obtain the signatures of at least30 members of the Chamber of Deputies or presidents ofmunicipalities--all but one of whom were members of the rulingRCD party in 1994. Two persons who were not affiliated withany political party tried to announce their candidacies for thepresidency even though they were unable to obtain the requisitesignatures. The authorities detained both of them for severalmonths (see Section 2.a.). None of the six legal oppositionparties offered a candidate for president, and all endorsedPresident Ben Ali for reelection.Women may participate in politics. Eleven women won seats inthe March legislative election. Nevertheless, women remainunderrepresented in government and hold few senior governmentposts. One woman holds ministerial rank, and a woman is thesecond vice president of the Chamber of Deputies. In municipalcouncils, 19 percent of the member are women. Twenty-fivepercent of Tunisian magistrates are women.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government recognizes several local human rightsorganizations but subjects them to a variety of restrictions.The most active is the Tunisian Human Rights League (LTDH). Itresumed activities in 1993 after the Government passedrestrictive amendments to the Associations Law in 1992 (see</text>
</content>
<name>Trinidad and Tobago </name>
<script></script>
</card>
card_70874.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TRINIDAD AND TOBAGO HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 TRINIDAD AND TOBAGOTrinidad and Tobago, a member of the Commonwealth of Nations, is a parliamentary democracy in which there have been free and fair general elections since independence from the United Kingdom in 1962. A bicameral Parliament and a Prime Minister govern the country. Parliament elects the President, whose office is largely ceremonial. A 12-member elected House of Assembly handles local matters on the island of Tobago.The Ministry of National Security controls the police service and the defense force, which are both generally responsive to civilian authority. An independent body, the Police Service Commission, makes all personnel decisions in the police service, and the Ministry has little direct influence over changes in senior positions. Some members of the police service allegedly committed human rights abuses, often with impunity.The country's mixed economy is based primarily on the petroleum and natural gas industries, but efforts continue to diversify the economy into services, manufacturing, and tourism. The Government has historically owned many businesses wholly or partially; however, a major divestment program continued to privatize several state-owned corporations, either partially or completely.Citizens enjoy a wide range of civil liberties and individual rights. Human rights abuses included overcrowded prisons, violence against women, and allegations of beatings and extrajudicial killings by police. Sharply increased violent crime and narcotics trafficking created unprecedented strains on the administration of justice system, which was severely undermined by murder and intimidation of witnesses, allegations of corruption, and excessive delays.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of politically motivated killings by the police or other security forces.Police shot and killed approximately 11 people during 1994. All allegedly occurred during exchanges of gunfire, with the police acting in self-defense, and none was determined to be extrajudicial killings. The authorities' inquest into the death of a man shot by the police in 1990 was still under way at the end of 1994. The inquest heard evidence that the post mortem report appeared to have been altered before submission to the coroner.There were several alleged suicides of prisoners while in police custody. In one case, when a 34-year-old man died from drinking herbicide while handcuffed in his jail cell, family members charged it was a "cover" for an extrajudicial police killing. They asserted that the police had forced the deceased to drink the poison. No inquest had been held on the matter by year's end, and the inquest may be delayed for several years because magistrates hold such inquests on an ad hoc basis. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution prohibits the imposition of cruel or unusual treatment or punishment. However, allegations of beating while in police custody were common. For example, one prisoner accused jailers of beating him in custody pending trial and appeared at a court hearing with his jaws wired shut and showing evidence of other injuries. He stated that he had not complained to prison authorities for fear of being forced to miss his court date. The authorities conducted an internal investigation but closed it when the accused prison officers denied any involvement. Other prisoners complained of beatings by prison guards, but the authorities took no action to investigate the complaints or punish the perpetrators. By law the government Ombudsman may investigate charges of prisoner beatings, but in practice he does not.Courts frequently order the flogging of prisoners, but this is not actually carried out in practice. The relevant statute requires that the punishment be carried out within 6 months of sentencing; defendants appeal all flogging sentences, and courts do not hear the appeals before the 6-month deadline.Overcrowding is a serious problem in prisons which, together with shortages of guards and unsanitary conditions, leads to serious social and health consequences. Conditions are worst in the older facilities: Port of Spain prison was built to hold 250 inmates, but houses 1,079; Carrera prison, designed to hold 185, has 547. There were many reports of rapes, murders, assaults, and attempts to commit these crimes among inmates and between inmates and guards. Diseases such as chicken pox, tuberculosis, AIDS, and other viruses spread easily in the prisons. A large, modern detention facility is scheduled to open in March 1995.The facilities for, and treatment of, women prisoners appear exceptionally humane, with a strong and successful orientation to rehabilitation. d. Arbitrary Arrest, Detention, or ExileThe Constitution prohibits arbitrary detention, imprisonment, or exile of any person. A police officer may arrest a person either based on a warrant issued or authorized by a magistrate or without a warrant when the officer witnesses commission of the alleged offense. In less serious offenses, the authorities typically bring the accused before a magistrate within 24 hours; for indictable offenses, the accused must appear within 48 hours. At that time the magistrate reads the charge and determines the availability of bail. (A recently enacted bail bill authorizes magistrates to deny bail to violent and repeat offenders.) If for some reason the accused does not come before the magistrate, the case comes up on the magistrate's docket every 8 to 10 days until a hearing date is set. The courts notify persons of their right to an attorney and allow them access to an attorney once they are in custody and prior to any interrogation. The authorities do not always comply with these standards, however, and a court awarded $18,000 to three brothers whom police wrongfully arrested, detained for 3hdays, threatened with beatings, and failed to advise of their right to an attorney.The Minister of National Security may authorize preventive detention in order to prevent actions prejudicial to public safety, public order, or the defense of Trinidad and Tobago, and must state the grounds for the detention. A detainee under this provision has access to counsel and may have his detention reviewed by a three-member tribunal established by the Chief Justice and chaired by an attorney. The Minister must provide the tribunal with the grounds for the detention within 7 days of the detainee's request for review, which shall be held "as soon as reasonably practicable" following receipt of the grounds. There have been no reports that the authorities abused this procedure. e. Denial of Fair Public TrialThe Constitution provides the right to a fair public trial for persons charged with criminal offenses. It also provides for presumption of innocence, reasonable bail, fair and public hearing by an independent and impartial tribunal, and an interpreter for non-English speakers. The authorities generally respected these rights in practice. Appeals may be made to the national court of appeals and then to the Privy Council in London. All criminal defendants have the right to an attorney. In practice, the courts appoint an attorney for those persons charged with indictable offenses (serious crimes) if they do not retain one on their own behalf. The law requires a person accused of murder to have an attorney. An indigent person may refuse to accept an assigned attorney for cause and obtain a replacement. In spite of these provisions, however, there were several allegations by prisoners charged with narcotics trafficking offenses that the authorities did not provide them with attorneys even after they specifically requested counsel.Despite the constitutional provisions outlined above, the administration of justice system has been seriously undermined by murder, intimidation, corruption, and excessive delays. A remarkable number of witnesses and potential witnesses (mostly in narcotics-related cases) were killed, or disappeared, emigrated, or otherwise failed to cooperate with the prosecution. In most of these instances, the authorities dropped charges against the accused as a result of the absence of key witnesses. The murders highlighted the Government's inability to protect prospective witnesses, undermining public confidence in the justice system's ability to provide a fair public trial to all defendants. The most significant test case is the proceeding against one of the reputed major narcotics figures in the country, who has been charged with murder. Witness protection has been successful through the preliminary inquiry stage of the proceeding.Credible witnesses frequently allege bribery of police, magistrates, and judges in drug cases, but the authorities conducted no investigations. There were also charges that drug traffickers bribed witnesses not to testify. Trials often occur as long as 6 to 10 years after the alleged criminal act, when evidence may be lost, memories fade, and any deterrent effect is lost on the accused. Inordinate court delays, which stem partially from the system itself but also from defense attorneys' and prosecutors' use of repeated adjournments, have undermined public confidence in the judicial system's ability to provide a fair trial. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe authorities generally respected in practice the constitutional provisions for the rights to security of the person, enjoyment of property, and respect for private and family life. Police must obtain search warrants to enter private property. There were occasional reports of search warrants or drug raids executed on the wrong houses, but persons injured in this manner have redress through a civil action for damages.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution recognizes these freedoms and an independent judiciary, a democratic and pluralistic political system, and independent and privately owned media protect these rights in practice.The two major daily newspapers sometimes criticize the Government in their editorials; the widely read tabloids are extremely critical of the Government. Licensing agreements require the three television stations to broadcast a certain amount of informational programming produced and provided by the Government. The opposition has, over the years, accused the government-owned station of favoring the ruling party. There are seven radio stations, one of which is government owned.The Government may prohibit the import or circulation of publications under the Sedition Act, but the authorities have rarely invoked it in recent years. A board of film censors is authorized to ban films it considers to be against public order and decency or contrary to the public interest. This includes films which it believes may be controversial in matters of religion, seditious propaganda, or race.The law protects academic freedom, and the authorities respect it. b. Freedom of Peaceful Assembly and AssociationThe Constitution recognizes the rights of freedom of association and assembly, and the Government respects them in practice. Registration or other governmental permission to form private associations is not required. The police routinely grant the required advance permits for street marches, demonstrations, or other public outdoor meetings. Political activity by trade associations or professional bodies is not restricted, and these organizations affiliate freely with recognized international bodies in their fields. c. Freedom of ReligionThe Constitution provides for freedom of conscience and religious belief, and the authorities respect these rights in practice. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution recognizes freedom of movement as a fundamental human right, and the authorities respect it in practice. Residents are free to emigrate, return, and travel within or outside the country, as well as to change residence and workplace. Although Trinidad and Tobago is not a party to any U.N. convention or protocol on refugees, there were no reports of forced expulsion of those having a valid claim to refugee status. There is no provision for persons to claim or be classified as refugees or asylum seekers; any such cases are handled on a case-by-case basis by the Ministry of National Security's Immigration Division.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens choose their government by secret ballot in free and fair multiparty elections held at intervals not to exceed 5 years. Elections for the 12-member Tobago House of Assembly are held every 4 years. The Constitution extends the right to vote to citizens as well as to legal residents with citizenship in other Commonwealth countries, who are at least 18 years of age.Prime Minister Patrick Manning's People's National Movement (PNM) holds the majority of seats in the 36-member lower house of Parliament. The President appoints a 31-member Senate, 16 on the advice of the Prime Minister, 6 on the advice of the leader of the opposition, and 9 at the President's discretion. The ruling PNM is primarily but not exclusively Afro-Trinidadian; the opposition United National Congress party is primarily but not exclusively Indo-Trinidadian. The fundamentalist Muslim "Jamaat al Muslimeen", which attempted a coup in 1990, organized a New Vision political party and contested a local election in 1994.There are no specific laws that restrict women or minorities from participating in government or the political parties, and women hold many positions in the Government and political party leadership. There are 14 female Members of Parliament, 4 of whom are ministers, and the head of a newly formed opposition party is a female Member of Parliament.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsSeveral nongovernmental human rights groups operate freely without government restriction or interference. A law established the office of the Ombudsman, which receives complaints relating to government administrative issues and investigates complaints of human rights abuse; it can make recommendations but does not have authority to force any government offices to take action.Regional and local human rights groups focused on a Privy Council ruling on a Jamaican case in 1993, which commuted death sentences for 56 inmates who had been on death row for 5 years or more in Trinidad. The Trinidad authorities hanged Glen Ashby, a condemned murderer, in July less than 1 week before the 5-year cut-off date. Based on the Jamaican case, Ashby's attorneys had filed additional appeals to the Privy Council challenging the State's intention to carry out the execution as unconstitutional. Prison officials hanged Ashby only minutes before the Privy Council's decision to stay the execution reached Trinidad from London.Human rights monitors alleged that Ashby's hanging was illegal because all appeal rights had not been exhausted. Legal and human rights groups held a "public commission of inquiry" in Barbados 1 month after the hanging, but Trinidad officials refused to participate on the grounds that such a commission had no authority in a domestic legal matter. As a result of the Ashby case, the Prime Minister's blue ribbon anticrime committee recommended that appeals of death sentences be limited to the national court of appeals, eliminating the Privy Council as the court of final decision on such motions.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Government respects in practice the constitutional provisions of fundamental human rights and freedoms to all without discrimination based on race, origin, color, religion or sex. WomenMany women hold positions in business, the professions, and government, but men tend to hold the most senior positions. There is no law or regulation requiring equal pay for equal work.Physical abuse of women continued to be an extensive problem. Domestic violence resulted in the deaths of 15 women, in some cases despite the existence of a protection order. There are several shelters for battered women, and a rape crisis center offers counseling for rape victims and perpetrators on a voluntary basis. In 1994, 68 rape victims and 48 battered wives (new cases) came in voluntarily for counseling. Law enforcement officials and the courts are generally not sensitive to family violence problems. There were repeated reports of officers refusing to take women's complaints of domestic violence. More than 300 women filed for protection orders under the Domestic Violence Act, and some courts decided to stop hearing protection order cases because they were too time-consuming.The Division of Women's Affairs in the Ministry of Community Development and Culture is charged with protecting women's rights in all aspects of government and legislation. The Division received funding for four positions in 1994 and established an agenda with the following priorities: access to credit, employment, domestic violence, and sexual harassment in the workplace. ChildrenThe Government's ability to protect children's welfare is limited by a lack of funding and expanding social needs. The public school system seriously fails to meet the needs of the school age population, due to overcrowding, substandard physical facilities, and classroom violence from gangs. There is no pattern of social abuse directed against children. The Domestic Violence Act provides protection for children abused at home. Abused children are usually placed with relatives if they are removed from the home; if there is no relative who can take them, there are two Government institutions and several nongovernmental organizations (NGO's) which take children. National/Racial/Ethnic MinoritiesVarious ethnic and religious groups live together peacefully, generally respecting each other's beliefs and practices. However, racial tensions continue between Afro-Trinidadians and Indo-Trinidadians, with each group comprising over 40 percent of the population. The private sector is dominated by Indo-Trinidadians and people of European and Middle Eastern descent. Indo-Trinidadians also predominate in agriculture. Afro-Trinidadians find employment in disproportionate numbers in the civil service, police, and military. Some Indo-Trinidadians assert that they are excluded from equal representation in the civil service due to racial discrimination. Since Indo-Trinidadians constitute the majority in rural areas and Afro-Trinidadians are the majority in urban areas, competition between town and country for public goods and services often takes on racial overtones.A very small group in the population identifies itself as descendants of the original native American population of the island. They maintain social ties with each other and other aboriginal groups. Religious MinoritiesSome groups charged the authorities with religious discrimination over the question of the extent to which female students should be allowed to alter the standard school uniforms of the partially state-funded, denominational schools by wearing the Muslim hijab. In prior years, denominational school boards had accommodated the question of the hijab by allowing students to wear a head covering in addition to the regulation uniform. Negotiations between denominational school boards and representatives of Islamic groups were unsuccessful in working out a compromise solution for the 1994-95 school year. The Trinidad and Tobago courts will have to decide: What is a hijab, whether it is a bona fide religious requirement, and what accommodation in the school uniform, if any, will be required. More fundamentally, public discussion of this issue led to calls for broad reexamination of the "concordat"--the 1960 agreement by which denominational schools receive public funding for accepting students from public elementary schools--and of church-state relations in general. The Government stated that the concordat will not be reopened or revised for the time being. People with DisabilitiesThere is no legislation which specifically enumerates or protects the rights of disabled persons, nor which mandates the provision of access to buildings or services. Nonaccessibility of transportation, buildings, and sidewalks is a major obstacle to the disabled; only two vans in the country are equipped with hydraulic lifts. The Government does provide some public assistance and partial funding to a variety of NGO's which, in turn, provide direct services to disabled members or clients.Section 6 Worker Rights a. The Right of AssociationThe law provides that all workers, including those in state- owned enterprises, may form or join unions of their own choosing without prior authorization. Union membership has been decreasing, with 26 unions still functioning, but many doing so with a fraction of their membership from former years. Most unions are independent of the Government or political party control, although the Sugar Workers' Union is historically allied with the current opposition party.The law prohibits antiunion activities before a union is legally registered, and the Ministry of Labor enforces this provision when it receives a complaint, or a union may bring a request for enforcement to the Industrial Court. All employees except those in "essential services" (basically government employees, including police) have the right to strike. There were no major strikes, but a number of work stoppages lasted several days. The Labor Relations Act prohibits retribution against strikers and provides for grievance procedures if any is alleged. A special section of the Industrial Court handles mandatory arbitration cases. Arbitration agreements are enforceable and appealable only to the Industrial Court.Unions freely join federations and affiliate with international bodies. There are no restrictions on international travel or contacts. b. The Right to Organize and Bargain CollectivelyThe Industrial Relations Act of 1972 establishes the right of workers to collective bargaining. The Ministry of Labor conciliation service maintains statistical information regarding the number of workers covered by collective bargaining agreements and the number of antiunion complaints filed. The Industrial Court may order employers found guilty of antiunion discrimination to reinstate the worker, pay compensation, or can impose other penalties including prison. When necessary, the conciliation service also determines which unions should have senior status.There are several newly organized export processing zones (EPZ's) in Trinidad and Tobago. The same labor laws apply in the EPZ's as in the country at large. c. Prohibition of Forced or Compulsory LaborThe law does not explicitly prohibit forced or compulsory labor, but there were no reports that it was practiced. d. Minimum Age for Employment of ChildrenThe minimum legal age for workers is 12 years. Children from 12 to 14 years of age may only work in family businesses. Children under age 18 may legally work only during daylight, with the exception of 16- to 18-year-olds, who may work nights in sugar factories. The Probation Service in the Ministry of Social Development and Family Services is responsible for enforcing child labor provisions, but its enforcement is lax. There is no organized exploitation of child labor, but children can be seen vending and begging, and some are used by criminals as guards and couriers. e. Acceptable Conditions of WorkThere is no national minimum wage; the Government has set minimum wages for 53 job categories in 5 nonunionized occupational groupings. The minimum pay ranges from $26 per week (TT$130.45) to $57 per week (TT$285). These rates were supposed to be adjusted for cost-of-living increases at regular intervals, but Parliament has never considered any adjustment since passing the laws. The Ministry of Labor enforces the minimum wage regulations. A minimum wage income is not sufficient to support an individual, but most workers earn more than the minimum.The standard workweek is 40 hours. There are no restrictions on overtime work. Daily rest periods and paid annual leave form part of most employment agreements. For those sectors covered, the minimum wage laws provide holiday pay, 2 weeks' vacation, and 14 days' sick leave per year.The 1948 Factories and Ordinance bill sets requirements for health and safety standards in certain industries and provides for inspections to monitor and enforce compliance. The Industrial Relations Act of 1972 protects workers who file complaints with the Ministry of Labor regarding illegal or hazardous working conditions to the extent that, should it be determined upon inspection that conditions exist in the workplace which present hazards to life or limb, the worker is absolved in refusing to comply with an order which would have placed him or her in harm's way.</text>
</content>
<name>Tonga </name>
<script></script>
</card>
card_70439.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TONGA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 TONGAThe Kingdom of Tonga comprises 169 small islands scattered over a wide area of the South Pacific. Most of the approximately 104,000 inhabitants are Polynesian. Tonga is a constitutional monarchy in which political life is dominated by the King, the nobility, and a few prominent commoners. Tonga is fully independent and a member of the Commonwealth of Nations.The security apparatus is composed of the Tonga Defense Services (TDS) and a police force. The 350-man TDS force is responsible to and controlled by the Minister of Defense.Tonga's economy is based primarily on the cultivation of tropical and semitropical crops. An increasing demand for imported manufactured goods and products unavailable locally has led to a substantial trade deficit. This has largely been offset by remittances from Tongans employed abroad, overseas aid, and, to a lesser degree, tourism. Remittances from Tongans overseas continued to diminish, due in part to recessionary economic conditions and in part to a weakening of emigrant ties to Tonga.The principal human rights abuses remain severe restrictions on the right of citizens to change their government and discrimination against women. The Constitution, dating from 1875, has been increasingly challenged by commoners, whom it disadvantages.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of disappearances and no evidence of people being abducted, secretly arrested, or clandestinely detained. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution forbids torture and inhuman or degrading punishment or other such treatment, and there were no reports of such practices. d. Arbitrary Arrest, Detention, or ExileThe Constitution provides for the right to judicial determination of the legality of arrest, and this is observed in practice. There is no exile, internal or external. There is no preventive detention, although there are no statutory limits to the length of time a suspect may be held prior to being charged. The law does not limit access by counsel and family members to detained persons. e. Denial of Fair Public TrialThe judiciary, whose top judges are expatriates, is independent of the King and the executive branch. The Court of Appeals, as the appellate court of last resort, is the highest court. The King's Privy Council presides over cases relating to disputes over titles of nobility and estate boundaries. The King has the right to commute a death sentence in cases of murder or treason. In addition, Tonga's court system consists of the Supreme Court (which has original jurisdiction over all major cases), the police magistrate's courts, a general court, a court martial for the Tongan Defense Services, a court tribunal for the police force, and a court of review for the Inland Revenue Department.The law provides for the right to a fair public trial, and the Government honors it in practice. A court may not summon anyone without providing the person a written indictment stating the offenses it charges the person committed. Defendants are entitled to counsel, and lawyers have free access to defendants. There are no political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceBy law and in practice, no one may enter or search the home of another or remove any item of property unless in possession of a warrant issued by a magistrate. Neither the State nor political organizations intrude arbitrarily into a person's private life.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and press. Tonga has five newspapers (one of which is government owned) and two national magazines. The Government owns the only radio station. While there is generally little editorializing in the government-owned media, opposition opinion appears regularly alongside government statements and letters. A privately owned newspaper, Kele'a, openly criticizes the Government without government interference. A Catholic monthly, Taumu'a Lelei, also speaks out freely. The Minister of Police has on occasion threatened action against the independent media, but no action has ever been taken. Specific infringements are usually tied to a particular event, such as the November 1992 Prodemocracy Convention, when live reporting was banned and media attendance inhibited. There were no reports of any restrictions in 1994. However, the King signed legislation on January 3 which greatly increased the penalties available through the Defamation Act. Prodemocracy leader 'Akilisi Pohiva has been a frequent target of defamation lawsuits for reports in his independent publication. He also has initiated his own lawsuits against others. Court decisions in these cases have gone both for and against Pohiva, based on the merits of the case. b. Freedom of Peaceful Assembly and AssociationThe law provides for peaceful assembly and association. There are no significant restrictions. c. Freedom of ReligionThe Constitution provides for freedom of religion, and it is observed in practice. Missionaries may proselytize freely. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens are free to travel anywhere within the Kingdom and abroad. The law places no restrictions on repatriation. There are no displaced persons in Tonga.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens do not have the ability to change their leaders or the system of government. The King and a small group of hereditary nobles dominate political life in Tonga. They assert authority largely through their control of substantial land holdings and their predominant role in the Legislative Assembly. The Constitution allows the monarch broad powers, many of which do not require the endorsement of the legislative branch. The King appoints and presides over the Privy Council, which makes major policy decisions. (When the King is not presiding, the Privy Council is called the Cabinet.) The King also selects the Prime Minister and other Cabinet ministers, who hold office at his pleasure.Tonga's unicameral legislature, the Legislative Assembly, consists of 12 Cabinet ministers, 9 nobles elected by their peers, and 9 people's representatives. All literate Tongans, 21 years of age or older, are eligible to vote. The King appoints the Speaker from among the representatives of the nobles. Government ministers generally vote with the nobles' representatives as a bloc. People's representatives sometimes vote against the Government. Elections are held every 3 years, most recently in February 1993. As a result of those elections, the Prodemocracy Movement extended its influence with the election of strong supporters to six of the nine people's representative seats.Throughout the 1990's people inside and outside the government establishment have called for democratic change. The Prodemocracy Movement, formally established in 1992, is dedicated to educating the people about their democratic rights. Following its election victory in February 1992, the movement turned to drafting proposals for revision of the 1875 Constitution, most notably proposals for popular election of all 30 members of the Assembly and election of the house speaker from among Assembly members.In August the Prodemocracy Movement made history when its leaders founded Tonga's first political party "The People's Party." The party continues the goals of the Prodemocracy Movement, maintaining that the Monarchy is an inalienable part of the national identity, but arguing that the Government must become more relevant to today's world. It seeks greater power sharing by the King and greater accountability on the part of the Government. Official reaction to the party has been one of disdain, with no effort to repress it or interfere in its functioning.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsWhile there are no known barriers to the formation of local nongovernmental organizations that concern themselves with human rights, no such organizations exist in Tonga. No outside organizations are known to have made requests to investigate human rights violations. Tonga is not a member of the United Nations.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusSocial, cultural, and economic facilities are available to all citizens regardless of race or religion. However, members of the hereditary nobility have substantial advantages in Tongan society. These include control over most of the land and a generally privileged status. Nonetheless, it is possible for commoners to rise to Cabinet positions in government and to accumulate great wealth and status in the private sector. WomenIn Tonga's male-dominated society, women generally occupy a subordinate role. While the strong Polynesian cultural tradition has discouraged the rise of women to positions of leadership, a few have nonetheless become members of the legislature and have served in responsible positions in various occupations. However, these women needed connections with the nobility or extraordinary luck, and they face severe limits on their upward mobility in this tradition-bound society. Some village women are breaking the mold of passive, docile followers by leading village-based development projects. The Government has sought to direct the efforts of nongovernmental women's organizations (NGO's) by establishing a women's unit within the Prime Minister's office. However, women's groups view this as an attempt to coopt them and their programs. They criticize the Government's emphasis on organization, process, and control, with few programs of substance. The NGO's and the women's unit disagree on the need for and potential composition of a government-sponsored national council of women.Domestic violence is infrequent. As a result, the country does not have a women's crisis center. Incidents of wife beating that do occur are generally dealt with in traditional ways between the families and village elders; abused wives sometimes return to their families if mediation fails. ChildrenChild abuse, if it occurs, is rare and has not become a source of societal concern. The Government is committed to children's human rights and welfare and provides commensurate funding for children's welfare within the context of the total resources available to the State. People with DisabilitiesNo mandated provisions for accessibility for the disabled exist. There were no known complaints of discrimination in employment, education, or provision of other state services. Education of children with special needs has been a longstanding priority of Tonga's Queen.Section 6 Worker Rights a. The Right of AssociationWorkers have the right to form unions under the 1964 Trade Union Act, but to date no unions have been formed, presumably because of the small size of the wage economy and the lack of a perceived need for unions. b. The Right to Organize and Bargain CollectivelySince no unions have been formed, collective bargaining is not practiced. There is no legislation permitting and protecting collective bargaining or the right to organize. Labor laws and regulations are enforced in all sectors of the economy, including in the two small export enhancement zones. c. Prohibition of Forced or Compulsory LaborThe law prohibits forced labor, and it is not practiced. d. Minimum Age for Employment of ChildrenChild labor is not used in the wage economy, although there is no legislation prohibiting it. Education has been compulsory in Tonga since 1882. Although it is sometimes criticized as being of poor quality, education is provided for all children through Form 6 (high school). Compliance rates are good. e. Acceptable Conditions of WorkTonga does not have a minimum wage law. Labor laws and regulations, enforced by the Ministry of Labor, Commerce, and Industry, limit the workweek to 40 hours. The Ministry Labor enforces laws and regulations reasonably well in the wage sector of the economy, particularly on the main island of Tongatapu. Enforcement in agriculture and on the outer islands is limited by isolation.Industrial accidents are rare, as few industries exist that would expose workers to significant danger. Due to these factors, there has been little or no work done in Tonga on industrial safety standards.</text>
</content>
<name>Tokelau </name>
<script></script>
</card>
card_70277.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TOGO HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationThe Constitution provides most workers the right to join unionsand the right to strike. Security forces, including firemenand policemen, do not have these rights; government health careworkers may join unions but may not strike. The work force inthe formal (wage) sector is small, involving about 20 percentof the work force, of whom 60 to 70 percent are union membersor supporters. There were no strikes in 1994.There are several major trade union federations. The NationalConfederation of Togolese Workers (CNTT), though no longerformally affiliated with the Government, remains closelyassociated with it. The Labor Federation of Togolese Workers(CSTT) and the National Union of Independent Syndicates (UNSIT)probably surpassed the CNTT in membership. Althoughindependent of any political party, they cooperated closelywith the opposition parties in the 1992-93 general strike,which was primarily political in nature. During the generalstrike, a new labor federation, the General Union of FreeUnions (UGSL) was formed by workers not in agreement with thestrike. This federation is made up primarily of supporters ofPresident Eyadema.The Constitution prohibits discrimination against workers forreasons of sex, origin, beliefs, or opinions. There is nospecific law prohibiting retribution against strikers. TheGovernment transferred many civil servants in the wake of theirparticipation in the 1993 general strike. Labor leaders andopposition politicians denounced these transfers as arbitraryand discriminatory.Security forces threatened and harassed some labor leaders.The authorities arrested and imprisoned union official KomiDackey. Another labor leader, Tchao Idrissou of the UnsynditoChauffeurs' Union, was kidnaped and murdered by unknown personsfor reasons which may have involved his union activities (seeSection 1.a.).The various federations and unions are free to associate withinternational labor groups. The CNTT and the UNSIT areaffiliates of the International Confederation of Free TradeUnions. b. The Right to Organize and Bargain CollectivelyThe Labor Code nominally provides workers with the right toorganize and bargain collectively. All formal (wage) sectoremployees are covered by a collective bargaining agreement.However, true collective bargaining is limited by theGovernment's role in producing a single tripartite bargainingagreement signed by the unions, management, and theGovernment. This agreement sets wage standards for all formalsector employees. Individual groups in the formal sector canattempt through collective bargaining to negotiate a morefavorable package, and some do, but this is not common. TheCNTT had a role in the bargaining process in earlier years whenit was the de facto monopoly labor federation, but it actedmore as a spokesman for labor interests within the Governmentand ruling party than as an independent labor federation.The Labor Code prohibits antiunion discrimination. TheMinistry of Labor is charged with resolving labor-relatedcomplaints but does not always do so effectively.A 1989 law allows the establishment of export processing zones(EPZ's). Many companies have EPZ status, and about 20 arecurrently operating. The EPZ law provides exemptions from someprovisions of the Labor Code, notably the regulations on hiringand firing. Employees of EPZ firms do not enjoy the sameprotection against antiunion discrimination as do other workers. c. Prohibition of Forced or Compulsory LaborAlthough the law does not address this question, forced orcompulsory labor is not known to exist. d. Minimum Age for Employment of ChildrenThe Labor Code prohibits the employment of children under theage of 14 in any enterprise. Some types of industrial andtechnical employment require a minimum age of 18. Inspectorsfrom the Ministry of Labor enforce these age requirements, butonly in the formal sector in urban areas. In both urban andrural areas, particularly in farming and petty trading, veryyoung children traditionally assist in their families' work. e. Acceptable Conditions of WorkThe Government sets minimum wages for different categories,ranging from unskilled labor through professional positions.Less than the official minimum wage is often paid in practice,but mostly to less skilled workers. Official monthly minimumwages range from approximately $27.50 to $45 (14,000 to 22,000CFA francs). The minimum wage was established in 1987 and hasnot been changed, despite the January CFA devaluation whichhalved the value of the local currency in dollar terms. Manyworkers cannot maintain a decent standard of living at thelower official minimum wages, and many must supplement theirincomes through second jobs or subsistence farming. TheMinistry of Labor is ostensibly responsible for enforcement ofthe minimum wage system but does not enforce the law inpractice. The Labor Code, which regulates labor practices,requires equal pay for equal work, regardless of sex. However,this provision is generally observed only in the formal sector.Working hours of all employees in any enterprise, except foragricultural enterprises, normally must not exceed 40 hours perweek; at least one 24-hour rest period per week is compulsory,and workers must receive 30 days of paid leave each year. Thelaw requires overtime payments, and there are restrictions onexcessive overtime. The Ministry of Labor's enforcement isweak, however, and employers often ignore these provisions.A technical consulting committee in the Ministry of Labor setshealth and safety standards in the workplace. It may levypenalties on employers who do not meet the standards, andemployees ostensibly have the right to complain to laborinspectors of unhealthy or unsafe conditions without penalty.In practice, the Ministry's enforcement of the variousprovisions of the Labor Code is limited. Larger enterprisesmust legally provide medical services for their employees andusually attempt to respect occupational health and safetyrules, but smaller firms often do not.</text>
</content>
<name> </name>
<script></script>
</card>
card_69891.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TOGO HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 TOGOPresident Gnassingbe Eyadema continued to dominate Togo'sGovernment. In 1994 citizens elected a National Assembly ingenerally free and fair elections. The new Head of Governmentis opposition leader Edem Kodjo who serves as Prime Minister.Togo's governmental institutions are, however, still too weakand fragile to ensure democratic government in practice.Although the February elections produced a slight oppositionmajority in the National Assembly, President Eyadema retainsthe final say in all matters due to his personal control of themilitary and security forces.The security forces consist primarily of the army, navy, airforce, national police (Surete), gendarmerie, and regularpolice. Approximately 90 percent of the army's officers and 70percent of its soldiers come from the President's northernethnic group. The Interior Minister (after June 1994, theSecretary of State for Security) is nominally in charge of thenational police, and the Defense Minister has nominal authorityover the other security forces. In fact, all the securityforces remain loyal to their chief, President Eyadema, andcarry out whatever orders he gives them. Members of thesecurity forces committed serious acts of brutality againstcivilians. Except for a few cases, the Government did notpunish the perpetrators.About 80 percent of the country's 3.4 million people areengaged in subsistence agriculture, but there is also an activecommercial sector. Annual per capita gross domestic product isless than $400. The January devaluation of the local currencyand the suspension of much foreign economic assistance due tothe country's record of human rights abuses severely damagedthe economy.The human rights situation was mixed. Although the countryheld legislative elections, and the new National Assemblyassumed some functions of a democratic legislature, there was asignificant incidence of political violence and abuse of humanrights. There were credible reports that in several cases thesecurity forces and their allies continued to intimidate,harass, and kill civilians and those perceived as enemies ofPresident Eyadema with little apparent fear of punishment. TheEyadema Government subjected the opposition press to repeatedcriminal prosecutions for expressing critical views. An attackby Togolese armed dissidents and the Togolese military'sindiscriminate reaction to it resulted in hundreds of civiliandeaths and nearly 100 Togolese military fatalities.Prolonged pretrial detention and beating of prisoners arecommonplace, and there were several documented cases oftorture. Prison conditions remained very harsh. Defendants'rights to fair and expeditious trials are not ensured.Discrimination and some violence against women and some abuseof children continued.Although somewhat diminished, there is a large backlog ofpersons awaiting trial--some as long as 3 years--due to lack ofqualified judicial personnel, an ineffective criminal justicesystem, and indifference to abuses on the part of someofficials.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingSecurity forces were responsible for political andextrajudicial killing. In only a few instances has theGovernment proved willing or able to punish the perpetrators.On January 5, a group of armed Togolese dissidents based inGhana attacked the main military camp and other governmentsites in Lome with the apparent aim of killing PresidentEyadema and inflicting casualties on the security forces.Fatalities among the attackers were low, about 10 by their ownestimate and somewhat higher according to the Government. Inthe ensuing 3 days of battle, dissidents killed upwards of 100members of the security forces, while up to 500 innocentcivilians died either at the hands of the attackers or fromcareless and indiscriminate firing by the security forces.Security forces summarily executed several Ghanaian youths andTogolese military personnel already detained for suspectedcomplicity with the Ghana-based attackers. The Governmentarrested several persons alleged to have been involved in theJanuary 5 attack, but it did not prosecute or punish anymembers of the security forces for killing civilians ormilitary detainees.On February 12, according to credible reports, elements of thesecurity forces kidnaped and killed Gaston Edeh, newly electedNational Assembly deputy of the opposition Action Committee forRenewal (CAR) party, and two companions. Throughout the year,unknown assailants killed several finance officials, bankers,and other businessmen under unexplained circumstances; but theperpetrators and their motives were unclear since the crimeswere not fully investigated.On January 25, assailants kidnaped and murdered labor leaderTchao Idrissou (see Section 6.a.). On February 18, sixrelatives and associates of the Secretary-General of the sameunion were reportedly kidnaped by persons in uniform; they havenot been seen since that time. By year's end, the Governmenthad made no arrests nor indicated a suspected motive.Seven bodies of persons burned beyond recognition werediscovered around the town of Tsevie, north of Lome, in Augustand September. Although members of the security forces werewidely suspected of having committed these killings, policeconducted only a cursory investigation and made no arrests. OnOctober 9, armed persons credibly identified as Togolesedissident forces shot and killed four members of the securityforces at the gendarmerie and police offices at Vogan,southeast Togo. Several suspects were subsequently arrestedand made televised confessions, but the private press widelyquestioned whether they were, in fact, the ones who carried outthe attack.In only a few cases, the Government arrested or punishedmembers of the security forces suspected of involvement inextrajudicial killings. On October 29, authorities arrestedand detained Lt. Col. Yoma Djoua, the Commander of thePresidential Guard, along with Master Sergeant Pouli on chargesof the robbery and murder of a Togolese notary, LaurentAgbemavor, earlier in the year. Djoua is widely thought to beresponsible for many past human rights violations and was morerecently rumored to have been involved in plotting againstPresident Eyadema. The military subsequently demoted Djoua toPrivate. Djoua retired from the military but had not beenbrought to trial by year's end. Other military associates ofDjoua are reportedly in custody. b. DisappearanceThere were several disappearances, although most had no evidentpolitical motive. In some cases these disappearances werecredibly linked to members of the security forces. OnSeptember 6, armed persons kidnaped Togolese diplomat DavidBruce, who has not been seen since then. A witness indicatedinvolvement by members of the security forces. Bruce had beenChief of Staff to the President of the High Council of theRepublic, the opposition-dominated interim National Legislaturewhich members of the security forces had earlier targeted withthreats and violence. Although the Government began aninvestigation, it has not reported any results. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough the law prohibits these practices, security forces andtheir official affiliates reportedly tortured detainees. Themost common means of torture was severe beating, and securityforce personnel frequently beat detainees after arrestingthem. The Government did not prosecute or punish any officialsfor these abuses.Prison conditions remained very harsh, with seriousovercrowding and inadequate food and medical care. Childrenare often incarcerated with adult criminals. The InternationalCommittee of the Red Cross (ICRC) and local privateorganizations have access to prisons for monitoring purposeswith advance government permission, but the Governmentsometimes denied access to other private internationalnongovernmental groups (NGO's). d. Arbitrary Arrest, Detention, or ExileThe law allows authorities to hold arrested personsincommunicado without charge for 48 hours, with an additional48-hour extension in cases deemed serious or complex. Inpractice, detainees can be and are often detained without bailfor lengthy periods with the approval of a judge. Familymembers and attorneys officially have access to a detaineeafter the initial 48- or 96-hour detention period, butauthorities often delay, and sometimes deny, access.Judges or senior police officials issue warrants. Althoughdetainees have the right to be informed of the charges againstthem, in practice, police sometimes ignore this right. The lawstipulates that a special judge conduct a pretrialinvestigation to examine the adequacy of the evidence anddecide on bail. However, a shortage of judges and qualifiedpersonnel and official indifference have resulted in lengthypretrial detentions--in some cases from 1 to 3 years. As arough estimate 30 percent of the prison population werepretrial detainees. While a large backlog of untried casesremained, the new Government of Prime Minister Kodjo freed asignificant number of prisoners in pretrial detention whosetime in jail exceeded that permitted by law. In rare cases,the Government used brief investigative detentions of less than48 hours to harass and intimidate opposition journalists foralleged defamation of Government officials.There were several political detentions during the year.However, at least 27 political detainees and politicalprisoners were released at year's end under an amnesty proposedby President Eyadema and approved by the National Assembly onDecember 15. The amnesty applies specifically to the armeddissidents allegedly involved in the attacks on Lome of March25, 1993, and January 5, 1994, as well as to other personsinside or outside Togo who allegedly committed political crimesthrough December 14. It covers opponents of the Government andmembers of the security forces who may have committedoffenses. Bikagni Nikabou was arrested in 1992 and heldwithout trial until he was tried and sentenced to 3 years'imprisonment for arms smuggling on January 7, 1994. Fourmembers of his family were detained without trial starting in1992. Under the general amnesty, the four family members werereleased at the end of the year and Nikabou at the beginning of1995.Police arrested six members of the Union des Forces deChangement, the political party associated with PresidentEyadema's opponent, Gilchrist Olympio, for having hung postersand for distributing tracts calling on people to boycott theFebruary legislative elections. The authorities released fourpersons without trial, and convicted two of attempting todisrupt the elections. Police arrested Komi Dackey, a localofficial of the Aviation Workers' Union, in January onsuspicion of involvement in the January 5 attack on Lome byGhana-based Togolese dissidents. He was held withoutpresentation of evidence but was released in December under theyearend amnesty.The Constitution prohibits exile and the Government did notformally exile anyone. However, several opposition leadersremained abroad for reasons of personal safety, as did over150,000 citizens who left because of political violence,notably that committed by the security forces in January 1993. e. Denial of Fair Public TrialAlthough the judicial system is formally independent of theGovernment, the executive branch can and does intervene attimes to manipulate the judiciary. The judicial system employsboth African traditional law and the Napoleonic code in tryingcriminal and civil cases. The Supreme Court stands at the apexof the court system, and special courts exist to handle casesrelated to public security, embezzlement of public funds, andviolent crimes.The court system remained overburdened and understaffed (seeSection l.d.). Trials are open to the public, and judicialprocedures are generally respected. Defendants have the rightto counsel and to appeal. The Bar Association providesattorneys for the indigent. Defendants may confront witnesses,present evidence, and enjoy a presumption of innocence. Inrural areas, the village chief or council of elders may tryminor criminal and civil cases. Those who reject thetraditional ruling may take their case to the regular courtsystem, which is the starting point for cases in urban areas.Political prisoners included Martin Gbenouga, director of thenewspaper Tribune des Democrats, who was sentenced to 5 years'imprisonment for publishing a newspaper article critical of thePresident. He was pardoned in January 1995 (see Section2.a.). Two members of the opposition political partyDemocratic Convention of the African People, Gerard Akoumey andStephane Koudossou, were released in the yearend amnesty. Theyhad been convicted in September 1993 for placing a bomb in July1993 at the headquarters of the CAR Party. They publiclyconfessed, but some opposition sources asserted that thecharges were police fabrications and that the confessions hadbeen coerced. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceIn criminal cases, a judge or senior police official mayauthorize searches of private residences. In political andnational security cases, the security forces need no priorauthorization. Police conducted such warrantless searchesextensively, searching for dissidents' arms caches as well asfor criminals. The Government uses telephone taps, monitorscorrespondence, and maintains the police and gendarmerie asdomestic intelligence services.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and the press.However, the authorities engaged in sporadic persecution of theindependent press, using threats, arrests, prosecutions, andoccasional seizures of newspapers. Approximately 15independent newspapers were published during the year, manyhighly critical of the President and the Government. Somereported difficulties distributing their editions in interiorregions because of harassment by supporters of the President,including some members of the security forces.The official media (two radio stations, one television station,and one daily newspaper) were generally slanted in favor ofPresident Eyadema and the Government, but allowed theopposition limited access. The two private Ghana-based radiostations, which had broadcast opposition views in 1993 ceasedto operate during the year, as did a pro-Eyadema privatestation.The authorities arrested Martin Gbenouga, director of theopposition newspaper Tribune des Democrats, for publishing anarticle critical of President Eyadema and other Africanleaders. A court convicted Gbenouga on May 6 of insulting thePresident and sentenced him to 5 years' imprisonment. Gbenougawas quickly transferred to one of the country's worst prisons,the Mango Penitentiary in Northern Togo In October Gbenouga'sconviction was invalidated by the Appeals Court on technicalgrounds. On January 17, 1995 he was pardoned by the Presidentand released.In March gendarmes briefly detained staff members from theopposition Courrier du Golfe newspaper, whose senior officialsthen fled the country. The newspaper had reported an allegedplot by pro-Eyadema forces against opposition leader YaoviAgobyibor and his political party.On August 31, a court sentenced in absentia the managing andassistant editors of the opposition La Sentinelle to 5 years'imprisonment and fined them 3 million CFA francs for publishingan article that allegedly defamed and threatened PresidentEyadema. The two defendants had already fled Togo. The courtfurther prohibited the newspaper from publishing for 6 months.At the University of Benin, Togo's sole university, academicfreedom is constrained by concern by professors about potentialharassment by the Government or antiopposition militants. b. Freedom of Peaceful Assembly and AssociationUnder the Constitution, citizens are free to organize inassociations and political parties, but fear of harsh reactionfrom the Government has restricted public demonstrations. InFebruary and March, local authorities violently suppressedanti-government demonstrations in the largely Muslim city ofSokode. It also violently suppressed religious assembliesthere during Ramadan, beating the participants. Although manypolitical meetings were held during the legislative electioncampaign, many others were canceled after the murder of electedDeputy Gaston Edeh for fear of violence from the pro-Eyademafaction. The Government requires all political parties toregister and requires advance notification for publicdemonstrations. On occasion the Government banneddemonstrations or modified their time or place, citing a threatto public safety or interference with public business. c. Freedom of ReligionThe Constitution provides for religious freedom, and theGovernment generally respects this right in practice. However,the Government has on occasion used force to dispel religiousmeetings (see Section 2.b.).Local religious groups are free to maintain contacts withcoreligionists in other countries. There are no restrictionson travel for religious purposes. All official religiousobservances are ecumenical in nature, and the Government doesnot favor any specific religion. Membership in a particularreligious group confers no advantage or disadvantage in theregime. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe right of domestic and foreign travel and emigration, theright to change residence or workplace, and the right to returnto the country are generally respected. In 1993, in the wakeof political violence by the security forces, more than 250,000citizens, mainly southerners, fled to neighboring Benin andGhana, and roughly 125,000 were displaced internally. Manyreturned, but approximately 150,000 were still abroad at year'send because of concern about their personal safety should theyreturn or because of other considerations including economicones. The Government's amnesty law was intended to encouragethe refugees' return, but results by the end of the year weredisappointing. The Government accommodates an estimated 6,000refugees, mainly Ghanians, and does not force them to return tocountries in which they fear persecution.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentDespite Constitutional and structural advances, citizens stillwere only partly able to change their Government. PresidentEyadema continued to dominate the state apparatus, despite thecreation of a parliamentary system and the installation of anew Government under opposition leader Prime Minister EdemKodjo. In contrast with the seriously flawed presidentialelections of 1993, international observers deemed thelegislative elections in February to be generally free andfair, although there were deficiencies, including theGovernment's unwillingness to accredit some foreign observersand local poll watchers.The principles of universal suffrage and secret ballot wereobserved. However, some members of the security forces, andmilitants engaged with them, are credibly reported to haveengaged in several bombings and attacks on polling places andon one vote-counting center during the second round of thelegislative elections. They are also believed responsible forthe kidnaping and murder of Gaston Edeh, newly elected memberof the CAR Party. Opponents of President Eyadema are crediblyreported to have bombed a house belonging to pro-EyademaMinister of Information Benjamin Agbeka. The Supreme Court'sConstitutional Chamber, dominated by Eyadema supporters,invalidated the election of Eyadema opponents in threedistricts in a ruling widely considered to be questionable.Opposition parties won a slight legislative majority andPresident Eyadema named as Prime Minister Edem Kodjo, theleader of the smaller opposition party in the legislature, theTogolese Union for Democracy, with six seats. In doing so, hemet the formal constitutional requirement to name someone "fromamong the parliamentary majority", but bypassed the leader ofthe larger (34-seat) opposition party, the CAR's YaoviAgboyibor. Although the Government allows opposition politicalparties to function legally and openly, security forces orpropresidential militants occasionally harassed, threatened, orintimidated their members or leaders.There are no legal restrictions on the participation of womenin political activities, and many women do so throughmembership in associations and political parties, teachers'unions, and protest groups. However, there was only one femaleminister in the Kodjo Government.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere are several local private human rights groups. Theseinclude the Togolese Human Rights League and the Associationfor the Promotion of the Rule of Law.The National Human Rights Commission, a government-sponsoredand government-funded human rights organization, remainedrelatively inactive. The Paris-based Federation Internationaledes Ligues des Droits de L'Homme and the InternationalCommittee of the Red Cross visited and participated inseminars. The U.N. Human Rights Subcommission, AmnestyInternational, and other private organizations criticized theGovernment for abuses including its failure to take action onhuman rights violations in 1993 and earlier, including the 1992attempted assassination of opposition leader GilchristOlympio. The Government did not respond in detail but termedthe United Nations report "scandalous and outdated."Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution prohibits discrimination on the basis ofethnic group, regional or family origin, sex, religion, socialor economic status, or personal political or otherconvictions. However, the Government does not provideeffective redress for discrimination complaints, anddiscrimination based on both ethnic group and sex is common. WomenDespite the law and constitutional protections, women continueto experience discrimination, especially in education, pensionbenefits, and traditional law. A husband may legally opposehis wife's right to work and control her earnings. Employersare often reluctant to hire women, especially for higher levelpositions. Far fewer women than men attend university, and fewwomen graduate from secondary school. In urban areas, womendominate local market activities and commerce with Togo'sneighbors. However, harsh economic conditions in rural areas,where most of the population lives, leave women with littletime for anything other than taxing domestic and agriculturalfield work. Under traditional law, which affects the vastmajority of women, a wife has no rights in the event ofdivorce, separation, or the death of her husband.Violence against women, including wife beating, continues.Although mechanisms exist within both the traditional extendedfamily and formal judicial structures for redress, the policerarely intervene in domestic violence cases. Local houses ofprostitution exist. In recent years, instances of traffickingin Togolese women for the purposes of prostitution have come topublic attention. These women have been promised jobs in theMiddle East or Europe, transported there, then forced intoprostitution and sometimes otherwise abused. There are nospecific laws dealing with trafficking of this nature, and theGovernment has made no visible efforts to curtail it. ChildrenThe Government cannot afford adequate protection of children'swelfare. There are few juvenile courts, and children are oftenjailed with adult criminals. Orphans and other needy childrenreceive more aid from extended families or privateorganizations than from the State.Female genital mutilation (FGM), which international healthexperts have condemned as dangerous to both physical andpsychological health is practiced by a few ethnic groups inTogo's northern and central regions. Although some reportsindicate the practice, which is typically performed at an earlyage, may be gradually diminishing, as high as 50 percent ofTogolese women may have undergone FGM. National/Racial/Ethnic MinoritiesMembers of northern ethnic groups dominate the security forces,while southerners dominate most commerce and the professions.Southerners also dominate most political parties, except forthe pro-Eyadema party. Civil unrest in recent years andinadequate law enforcement exacerbated ethnic rivalries datingfrom precolonial times.With the rise in North-South tensions, majority ethnic groupmembers in those regions have harassed and attacked theirneighbors belonging to the minority groups, forcing them backto their home regions. Mainly southern Togolese fled inJanuary 1993 to neighboring Benin and Ghana after some membersof the security forces in Lome fired indiscriminately oncivilians (see Section 1.a.). People with DisabilitiesThe Government does not mandate accessibility to public orprivate facilities for people with disabilities. Although theConstitution nominally obliges the Government to aid disabledpersons and shelter them from social injustice, the Governmentprovides only limited assistance in practice. While there isno overt state discrimination against disabled persons, andsome hold some responsible government positions, the disabledhave no meaningful recourse against private sectordiscrimination, which compels many to beg.</text>
</content>
<name>Togo </name>
<script></script>
</card>
card_69821.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: THAILAND HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe democratically elected coalition government was generallysuccessful in its efforts to strengthen democraticinstitutions. The military's role in politics hassignificantly declined since the 1992 elections, and the Thaimilitary now seems increasingly supportive of the civiliangovernment and democracy.While there are no legal restrictions on politicalparticipation, women are generally underrepresented in nationalpolitics, especially at the senior levels. Also, the armystill prohibits women from becoming generals, and women are notallowed to attend military academies or the Army General StaffCollege. However, the number of women in local and nationalpolitics continued to increase. In February more than 400women were promoted to the post of assistant district chief, asteppingstone to more powerful positions such as provincialgovernor. In September a woman was appointed Secretary Generalof a major political party for the first time in Thai history.The current parliamentary contingent of 16 female Members ofParliament in the lower house (out of 360) is the largest todate.No laws prohibit the participation of ethnic minorities, butfew hold positions of authority in national politics or thecivil service. Ethnic minorities in the north often lackdocumentation of Thai citizenship, effectively barring theirparticipation in the political process (see Section 5).Muslims from southern Thailand hold significant posts in theGovernment.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsLocal human rights organizations operate without governmentrestriction. International human rights NGO's generally workfreely in Thailand on controversial issues. Although theGovernment sometimes criticizes these groups for beingpolitically motivated and biased, it generally has neitherpenalized nor suppressed human rights observers. However,NGO's working with displaced Burmese have had problems in theirrelations with the Government (see Section 2.d.).When a locally supported regional NGO umbrella group planned ahuman rights conference (to discuss human rights problems inBurma and East Timor) to coincide with the ASEAN MinisterialMeetings in Bangkok in July, the Government, to avoidrepercussions from other governments, sought to prevent theconference by invoking a little-used 1987 permit requirementfor foreign participation at NGO conferences. To further limitforeign participation, the Government "blacklisted" 11 EastTimorese dissidents, preventing them from entering the country,and deported one Australian NGO representative after claimingshe was in the country illegally. The Labor Ministry pressuredpotential conference sites into refusing the NGO group accessto a meeting room. Once human rights lawyers protested theGovernment's action, calling into question the legality of thepermit regulation, the Government allowed the conference totake place, albeit with limited participation.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenWomen generally have equal legal rights, but inequalitiesremain in domestic law. Whereas a man may sue for divorce onthe grounds that his wife has committed adultery, a woman facesthe additional legal burden of proving her husband hasmaintained or honored another woman in a manner equal to hiswife.Reliable statistics indicate that domestic abuse is rising andcrosses all social classes. One NGO estimates that as many as50 percent of women in Bangkok's slum areas are victims ofabuse. Police do not enforce laws against such violencevigorously, and domestic violence often goes unreported. Underthe Criminal Code, spousal and child abuse is covered underassault provisions, but rules of evidence often makeprosecuting such cases difficult. Early in the year policebegan to use a female team to handle rape and abuse cases toencourage more victims to report these abuses.Prostitution, although illegal, flourishes and is deeplyingrained. Estimates of the numbers of women and childrenengaged in prostitution vary widely because of temporary sexworkers and the migratory nature of prostitution. However,reliable NGO statistics generally discount the Government'sclaim that there are 70,000 prostitutes in Thailand; mostestimate the number closer to 250,000.Prostitution exposes women to a number of human rights abuses,as well as a high risk of contracting AIDS. Some women areforced into prostitution, although the number of such cases isunknown. Human rights monitors believe that the majority whoengage in prostitution are not kept under physical constraint,but they note that many women become indebted to brothel ownersfor large sums. It is common for brothel procurers to advanceparents a substantial sum against their daughter's futureearnings, often without the consent of the young womaninvolved. The women are then obligated to work in a brothelfor a fixed period of time in order to pay back the loan.In the past several years, there has been an increase in thenumber of women entering Thailand from neighboring countries towork as prostitutes, and there were continuing credible reportsof corrupt police involvement in illegal trafficking schemes.Incidents of coerced prostitution most commonly involve womenfrom hill tribes or neighboring countries. Brothel operatorsreportedly favor such women because they are cheaper to procureand their inability to speak Thai makes them easier tocontrol. Sometimes lured with promises of jobs as waitressesor domestics, these women are then often threatened withphysical abuse by brothel operators if they refuse to work asprostitutes. Because they are considered illegal immigrants,such women have no right to legal counsel or health care ifarrested.The Government has set up vocational training and educationprograms to combat the lure of prostitution, but despiteoccasional high-profile raids on brothels, it has failedeffectively to enforce laws against prostitution, and in manycases, brothels pay off local government representatives andpolice. There are credible reports of instances in whichcorrupt police drove Burmese women across the border sometimesin police vehicles and delivered them directly to brothels.Under the current Penal Code, prostitutes are consideredcriminals, whereas brothel owners, procurers, and clients arenot subject to criminal statutes. In May the Cabinet approveddraft legislation that would further criminalize those involvedin the trafficking of women and children for the purpose ofprostitution or slave labor. While clients of childprostitutes would be subject to criminal prosecution under thelegislation, it still would not criminalize the clients ofadult prostitutes. At year's end, the draft legislation wasscheduled for parliamentary debate in May 1995.Statistics compiled by NGO's concerned with women's issues notethat women represent half of the economically active populationand their numbers have increased in professional positions.Government regulations require employers to pay the same wagesand benefits for similar work regardless of sex. However,two-thirds of female workers do not earn the minimum wage, andthere is a significant gap between average salaries earned bymen and women as a result of the concentration of women intraditionally lower paying jobs.NGO's concerned with the status of women have pressed theGovernment to abolish discriminatory practices within the civilservice. Constitutional amendments passed in early 1995included a new provision, Article 24, stipulating the equalityof men and women. ChildrenAbuse of children in prostitution and child labor continued.Although the Government claims to be committed to eliminatingchild prostitution, it has failed to enforce the currentlimited laws against child prostitution. In 1994 theGovernment established a special police task force to suppresschild prostitution, and the Cabinet approved draft legislationthat would revise the Criminal Code to toughen the lawsregarding abuse of children under 18 years of age. ReliableNGO's report that police are often unwilling to raid a brothelthat has child prostitutes unless the NGO can provide thechildren's names, due to the problem of false identity cardswith incorrect birth years. The police then will only removethose children named before the raid. There are no reliablestatistics on the number of children involved in the sexindustry.Children are particular victims of the AIDS epidemic. Thereare indications that the demand for child prostitutes may begrowing as patrons believe that older prostitutes are morelikely to be infected with HIV. There is a small, but rapidlygrowing, number of babies born to HIV-infected mothers.Approximately 30 percent of these children will be infected anddie within a few years. Those who are not infected themselveswill be orphaned while still in childhood, and are oftendiscriminated against as an extension of the social stigmadirected against their parents.The Criminal Code provides for the protection of children fromabuse, and laws on rape and abandonment provide for harsherpenalties when the victim is a child. As in the case ofdomestic violence against women, police are often reluctant topursue abuse cases, and rules of evidence make prosecution ofchild abuse cases difficult. National/Racial/Ethnic MinoritiesProgress in integrating ethnic minorities into Thai society islimited. Only half of the estimated 500,000 to 700,000 membersof hill tribes reportedly possess documentation as citizens,which prevents them from exercising their basic rights,including participation in the political process. Undocumentedhill tribe people cannot own land, have limited access toeducational opportunities, and are not subject to labor laws,including minimum wage requirements.Approximately 45,000 Vietnamese who fled Indochina in the1940's and 1950's reside in northeastern Thailand and liveunder a set of laws and regulations restricting theirmovements, residences, education, and occupations. TheGovernment has slowly pursued a more lenient policy towardlongtime Vietnamese residents in recent years. NoncitizenChinese and their descendants who live in border areas mustseek permission from local authorities to travel. Religious MinoritiesMuslims represent a significant minority within Thailand as awhole and constitute the majority in the four southernmostprovinces that border Malaysia. Although the Government hasattempted to integrate the Muslim community into Thai societythrough developmental efforts and expanded educationalopportunities, societal discrimination remains widespread.The number of incidents of political violence--typicallyinvolving few, if any, casualties--decreased from 1993. Whilesecurity officials have attributed a number of those incidentsto the Islamic Pattani United Liberation Organization (PULO)separatist group, informed observers believe much of theviolence in the South has been perpetrated by opponents of theGovernment in an effort to weaken the Government. Occasionalambushes of security forces by suspected guerrillas, andcounteroperations by military units, also occur in remote areasin southern Thailand's Muslim provinces. People with DisabilitiesThe Government again took few steps to implement provisions inthe Disabled Rehabilitation Law that established a quota systemand employer incentives for hiring the disabled. Anotherregulation requiring factories to hire one handicapped personfor every 200 nonhandicapped employees was also not enforced.There are no laws mandating access to public facilities fordisabled persons.Section 6 Worker Rights a. The Right of AssociationThere were no significant changes in the general laborenvironment, either in terms of new legal initiatives or laborunrest.The law grants freedom of association only to private sectorworkers. Workers also have the right to form and join unionsof their own choosing without prior authorization; to decide onthe constitutions and rules of these associations and unions;to express their views without government or employerinterference; to confederate with other unions; to receiveprotection from discrimination, dissolution, suspension, ortermination by any outside authority because of unionactivities; and to have employee representation in directnegotiations with employers. However, no law explicitlyprotects workers from discrimination due to their participationin organizing new unions that have not yet been officiallyregistered. Union leaders report that employers dodiscriminate against workers seeking to organize unions.In place of unions, the law allows workers in each stateenterprise to form a single "association" after at least 30percent of the enterprise's employees submit a petition to theMinistry of Labor to register such association. Theseassociations submit employee grievances to management andpropose changes in benefits and working conditions, but may notnegotiate wages. Associations do not have the right toconfederate or to join private sector federations. Unofficialcontacts between public and private sector unions continue,however, and the Government has not interfered with theserelationships. A number of associations maintain affiliationstheir predecessor unions had with international labororganizations.The law denies all state enterprise workers the right tostrike. In the private sector, a proposed strike must beapproved by a majority of the union members in a secret ballot.In 1991 the International Labor Organization (ILO) criticizedlabor law amendments adopted in March 1991 that dissolved stateenterprise unions, transferred their assets, limited the numberof associations which may be formed in each state enterprise,set unusually high minimum membership requirements forassociations, denied associations the right to affiliate withprivate sector unions, and completely forbade strikes in stateenterprises. The Government has not vigorously enforced theserestrictions. The ILO continues to request that the Governmentrescind or revise the law. The Government has pending a newversion of the law that would restore for the most part therights enjoyed by state enterprise workers prior to the 1991changes. It was approved by the Cabinet in December 1993 andpassed its first reading in Parliament on September 28.The Government has the authority to restrict private sectorstrikes that would "affect national security or cause severenegative repercussions for the population at large." TheGovernment seldom invokes this provision and did not do so in1994. Labor law also forbids strikes in "essential services,"defined much more broadly than the ILO criteria for suchservices. No strikes were disapproved on those grounds in1994. The number of approved strikes has averaged fewer than10 annually for the past 15 years; there were 3 in the first 8months of 1994.Over half of the work force is employed in the unorganizedagricultural sector. Less than 2 percent of the total workforce, though nearly 11 percent of industrial workers isunionized. Cultural traditions and unfamiliarity with theconcept of industrial relations are often cited as the reasonfor low rates of labor organization.While violence against labor leaders is rare, the 1991mysterious disappearance of outspoken labor leader ThanongPo-an remains unsolved.There is a legacy of corrupt public sector union leaders whowere exploited by the military, politicians, or employers fortheir own purposes, but private unions generally operateindependently of the Government and other outsideorganizations. Unions are free to associate internationallywith other trade union organizations, and they maintain a widevariety of such affiliations. b. The Right to Organize and Bargain CollectivelyThe 1975 Labor Relations Act recognizes the right to organizeand bargain collectively for private sector workers and definesthe mechanisms for such negotiations and forgovernment-assisted conciliation and arbitration in cases underdispute. In practice, genuine collective bargaining probablyoccurs only in 10 to 20 percent of workplaces and in mostinstances continues to be characterized by autocratic attitudeson the part of employers.The Government sets wages for both civil servants and stateenterprise employees. A system of labor courts created in 1980exercises judicial review over most aspects of labor law forthe private sector. Workers may also seek redress for theirgrievances from a tripartite Labor Relations Committee.Redress of grievances for state enterprise workers is handledby a State Enterprise Labor Relations Committee. Labor leadersdid not indicate dissatisfaction with the treatment theirconcerns receive in these forums.No separate labor legislation applies to export processingzones, where wages and working conditions often are better thannational norms because of the preponderance of multinationalfirms. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits forced or compulsory labor, exceptin the case of national emergency, war, or martial law.However, there are reports of sweatshops in the informal sectorthat physically restrain workers from leaving the premises.There are no estimates of how many such workshops exist, butthe growing number of illegal aliens, particularly from Burma,increases the opportunities for such abuse.For several years, the ILO has cited Thailand for violations ofConvention 29 on Forced Labor. The primary focus of the ILOcriticism is forced child labor, especially childprostitution. Since the ILO raised these concerns, theGovernment has cooperated in setting up important institutionallinks, particularly with the International Program on theElimination of Child Labor, to help improve this situation. d. Minimum Age for Employment of ChildrenThe legal minimum age for employment is 13; most childrencomplete compulsory education at age 12. The law permits theemployment of children between the ages of 13 and 15 only in"light work," where the lifting of heavy loads and exposure totoxic materials or dangerous equipment or situations isrestricted. The employment of children at night (10 p.m. to 6a.m.) is prohibited. The Government estimates that there are100,000 children between the ages of 13 and 15 in the laborforce, but the actual number is probably much larger.The Ministry of Labor has increased the number of inspectorsspecifically responsible for child labor issues, although notall these officers are engaged in full-time inspection work.Enforcement of child labor laws continues to be inadequate.The inclination when dealing with violators is to negotiatepromises of better future behavior, rather than seekprosecution and punishment. Labor Ministry records indicatethat the number of prosecutions for violations of labor lawswas up slightly in 1994 (a total of 168 through August).The Government is also dealing with child labor by extendingcompulsory education from 6 to 9 years. e. Acceptable Conditions of WorkA tripartite wage committee consisting of government, employer,and worker representatives increased the daily legal minimumwage twice in 1994. Minimum wage rates now vary between $4.20(105 baht) and $5.42 (135 baht) per day depending on the costof living in different provinces. The wage is not adequate tosupport an urban worker and his family. With extended familymember financial contributions, the minimum wage provides the basis for a marginally adequate overall standard of living.However, more than half of workers countrywide receive lessthan the minimum wage, especially in the provinces. Unskilledmigrant workers who pour into Bangkok from the poorercountryside, as well as illegal aliens, often work for lessthan the minimum wage. The Ministry of Labor is responsiblefor ensuring employers meet minimum wage requirements. Despiteencouragement of employees to report violations to LaborInspectors, enforcement of minimum wage laws is mixed.The Government has not mandated a uniform workweek for theentire labor force. By regulation, commercial employees work amaximum of 54 hours per week, employees in industry work 48,and those in "dangerous" work such as in the chemical,petroleum, mining or other industries involving heavymachinery, 42. Transportation workers are restricted to nomore than 8 hours per day. Enforcement of these standards isweak. There is no 24-hour rest period mandated by law.Working conditions vary widely in Thailand. In medium-sizedand large factories, government health and safety standards areoften maintained, but lax enforcement of safety standards iscommon. In the large informal sector, the health and safetyenvironment is substandard. The Government designated 1994 the"Year of Workplace Safety" and initiated a variety of programsto deal with continuing problems. Employers are able to ignoresafety regulations in part because nonunionized workers oftendo not understand safety and health standards and do not reportviolations. When 188 workers lost their lives in the May 1993Kader Toy Factory fire near Bangkok, the Government broughtsuit against eight persons, including the managing director.The case commenced in June 1994 and is expected to be lengthy.There is no law affording job protection to employees whoremove themselves from dangerous work situations. The Ministryof Labor promulgates health and safety regulations regardingconditions of work. Labor inspectors are responsible forenforcement of health and safety regulations; the strictestpenalty is 6 months in jail.</text>
</content>
<name> </name>
<script></script>
</card>
card_69485.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: THAILAND HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 THAILANDThailand is a democratically governed constitutional monarchywith a history of frequent military coups and powerfulmilitary-bureaucratic influence over political life. The Kingexerts strong informal influence on carefully selected issues.In October the democratically elected administration of PrimeMinister Chuan Leekpai completed its second year in office.The security apparatus has wide-ranging legal powers, largelyderived from past militarily controlled administrations.Military leaders still have an informal but influential role ininternal politics. Since 1992 the military influence inpolitics has been substantially reduced, however, and thecurrent military leadership has evidenced a growing acceptanceof permanent civilian rule.The police have primary responsibility for internal securityand law enforcement. However, some police officers continue tocommit serious human rights abuses without punishment.Thailand, a newly industrializing country with a flourishingfree enterprise system, continued to enjoy remarkable economicgrowth. The political system generally provides strongprotection for individual economic interests, includingproperty rights. Although the industrial and services sectorsare expanding rapidly, more than half the population is ruraland dependent on agriculture. Despite the Government's effortsto close the economic gap between urban and rural areas,Thailand continues to suffer from a large and growing disparityin income distribution.Although the Government continued vocal advocacy of humanrights, serious human rights problems remained unaddressed.Some police continued to resort to physical abuse of detaineesand sometimes summary executions in dealing with criminalsuspects. The Government prosecuted few police officersaccused of abuse or extrajudicial killings. Enforcement of abroad range of laws and regulations by police also remainednoticeably lax. In August the police department was rocked byrevelations of senior police officials' complicity in thedeaths of the wife and child of a key witness in a 5-year-oldcase involving the theft of gems from a Saudi prince.In general the Government continued to uphold freedom ofassembly and freedom of the press, although there were severalisolated incidents in which the Government attempted to limitthese rights. Also, the Government moved slowly to fulfill itspolicy of addressing the problem of trafficking in women,children, and minorities for the purposes of prostitution.Legal and societal discrimination against women, violenceagainst women and children, and child labor continued.The number of protesters officially listed as "missing" afterthe bloody 1992 military crackdown on prodemocracydemonstrations dropped to 39.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThe Government, legal organizations, reputable nongovernmentalorganizations (NGO's), and the press continued to report,credibly, that some police officers summarily executed criminalsuspects, particularly in areas outside the capital. ReliableNGO's reported, based on court records, that in 1993, thepolice killed 31 suspects while arresting them, while another23 died in police custody. It is difficult to gauge accuratelywhat percentage of these deaths could reasonably have beenavoided. Complete statistics on the number of criminals andsuspects killed by police in 1994 were unavailable.In August police officers allegedly murdered the wife and childof a key witness in a 5-year-old case concerning jewelry andgemstones stolen by a Thai employee of a Saudi prince. High-level police involvement is widely suspected in the gems case;one midlevel and two senior police officers have been arrestedthus far, with more arrests likely. While at year's end nopolice officers had been convicted, many remained under activeinvestigation for their roles in the affair.In January press reports revealed that since 1992 a group ofpolicemen robbed and murdered at least 15 Asian tourists.Chinese and Japanese visitors in Bangkok were targeted forkidnaping and extortion, and those killed were mutilated tohamper identification and dumped in outlying provinces. Sevenpolice officers who confessed to murder were arrested for theirinvolvement. These cases had not come to trial by the end of1994.In May an American citizen died of head wounds sustained whilein police custody in Phuket. Police authorities vigorouslyinvestigated and determined that the wounds were self-inflicted.However, forensic pathology reports conducted in the UnitedStates 2 weeks after the incident raise questions about thecase that remain unanswered. The FBI is assisting Thaiauthorities in investigating the matter.The courts rarely convict police officers involved in summaryexecution cases, in part because witnesses are oftenintimidated or bribed to withhold evidence. The resultingclimate of impunity is the single largest factor militatingagainst any significant change in police behavior. The lawallows personal suits against police officers for criminalactions taken while making an arrest. However, due to flaws inthe legal process and ingrained cultural attitudes, victims ortheir families rarely file suits against the police. Duringthe initial police inquiry, most police investigationsroutinely determine that no wrongful action was taken on thepart of the police; judges generally follow the prosecutor'srecommendations. If pursued by the family, the case is handledby the same office, in some instances by the same prosecutor,who has already ruled that no criminal action occurred. Thereis no information to determine how many cases are settled outof court, but in cases in which suits are filed, the Governmentoften compensates the family of the deceased, and the suit isdropped.Two killings of political figures were reported in 1994. Themayor of Narathiwat, a provincial capital, was murdered inJanuary by two strangers who fled the scene on a motorcyclewithout license plates. In a separate incident, a provincialcouncil candidate who was a key figure leading villagers torally against two local officials was murdered, apparently forpolitical reasons. b. DisappearanceThere was one report of a disappearance in 1994. In Decemberenvironmental activist Suchada Khamfubutra disappeared from herhome. Because she had organized villagers in Lamphang provinceto protest pollution from a Taiwanese-owned factory earlier inthe year, there initially was suspicion of foul play. As moreinformation became available, NGO's and the police decided shehad more likely disappeared of her own volition because she wasunable to repay some debts. Police were investigating her caseat year's end.The governmental joint committee, which includes a prominentuniversity professor and other nonpolitical figures,investigating the military's violent suppression ofprodemocracy demonstrations in 1992 reduced the number ofprotesters believed missing from 48 to 39. All those foundwere unharmed but had feared persecution for their role in theevents. Local investigations into the whereabouts of theremaining 39 continue, though many family members and NGO'ssuspect that most of them are dead. An amnesty decree issuedduring the last days of the Suchinda government in May 1992,and reaffirmed by subsequent Governments, effectively protectsmilitary leaders and protesters accused of criminal activitiesduring the May 1992 events from criminal prosecution. NGO'sand relatives of the missing filed a civil suit against four ofthe top military leaders involved in the violence. In June thecivil court ruled that because of the amnesty decree themilitary leaders could not be sued. Lawyers for the familiesplan to appeal on the grounds that the decree wasunconstitutional because it was not approved by the Cabinet.A suspect in the 1989 murder of Saudi diplomats in Bangkok wasacquitted by the Supreme Court in May. The judges determinedthe evidence submitted by the three witnesses was unreliable.Labor Congress of Thailand (LCT) President Thanong Po-an's 1991disappearance remains unresolved. On Labor Day (May 1), theLCT again called on the Government to make a more seriousattempt to locate Thanong. Most observers believe Thanong waskidnaped and killed because of his criticism of the militarycoup d'etat in February 1991. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Criminal Code forbids cruel, inhuman, or degradingtreatment or punishment, and in most cases police do not resortto physical abuse or violence. However, there continued to becredible reports that police sometimes beat and torturedprisoners and detainees. Criminal suspects regularly complainof police attempts to secure confessions or evidence throughthe use of torture such as electric shocks. Several times in1994, senior police officials publicly acknowledged thattorture is occasionally carried out in police custody, with theimplicit backing of some senior police officers. TheGovernment instituted a human rights instruction course to tryto address police brutality but made no visible efforts toconvict and appropriately punish those who commit theseabuses. (See Section 5 regarding reports of instances ofpolice involvement in trafficking of women and children for thepurposes of prostitution.)In general, access to prisoners is not restricted. Conditionsin most prisons do not, in general, threaten the life or healthof inmates. However, some prison guards resort to physicalabuse of both Thai and foreign prisoners in response todisciplinary problems. Solitary confinement and heavy legirons are sometimes used to punish difficult prisoners.Medical care in prisons is inadequate. For a total prisonpopulation of 100,000, the Corrections Department employs only14 doctors and 5 dentists.Conditions at the Suan Phlu Immigration Detention Center (IDC),which generally holds between 2,000 and 3,000 detained illegalimmigrants, are extremely poor. Serious overcrowding, lack ofmedical care, inability to exercise, and physical abuse arerecurrent problems. Reliable international observers chargethat both authorities and detainees sexually abuse femaledetainees. Immigration detention facilities are notadministered by the Department of Corrections and are notsubject to many of the regulations found in the regular prisonsystem. Nationals of countries that will not accept deporteesbecause of uncertainties over citizenship face an extended stayin the IDC. Some detainees are eventually released at theBurmese border and typically reenter Thailand illegally.While the law requires that prosecutors formally chargecriminal suspects in court within 91 days of their detainment,some IDC detainees have been held for several years. d. Arbitrary Arrest, Detention, or ExileExcept in cases of crimes in progress, the law generallyrequires arrest warrants. Arrested persons must be informed ofthe likely charges against them immediately after arrest.Police have the authority to extend the detention period to 7days to complete an investigation. After 7 days, the policemust present the case to the public prosecutor to determine ifthe case should be pursued. While detainees have a right tohave a lawyer present during questioning, they are often notinformed of this right. Foreign prisoners are often forced tosign confessions without knowing what is in them.There is a functioning bail system, but judges haveconsiderable discretion in determining eligibility for bail.The only legal basis for detention by the police withoutspecific charges for long periods (up to 480 days) is theAnti-Communist Activities Act. No one has been detained underthat Act's provisions since 1984.Of the approximately 100,000 prison inmates in Thailand,approximately 23,000 are pretrial detainees or those undergoingappeals. They are not segregated from the general prisonpopulation.Exile is neither practiced nor used as a means of politicalcontrol. e. Denial of Fair Public TrialThe Constitution provides for presumption of innocence, but inpractice defendants are frequently presumed guilty. Access tocourts or administrative bodies to seek redress is provided forand practiced. The civilian judicial system has three levelsof courts: courts of first instance, courts of appeal, and theSupreme Court. A separate military court hears criminal andcivil cases pertaining to military personnel as well as thosebrought during periods of martial law. A serious flaw inproviding due process rights is the lack of appeal fromdecisions of a military court. Islamic (Shari'a) courtsprovide due process and hear only civil cases concerningmembers of the Muslim minority.There is no trial by jury. Trials for misdemeanors are decidedby a single judge, and more serious cases require two or morejudges. While most trials are public, the court may order atrial closed. This is most often done in cases touching onnational security or the royal family. Career civil servicejudges preside over the courts. Judicial appointments andstructures are not subject to parliamentary review. Althoughgenerally regarded as independent, the judiciary has awidespread reputation for venality.The widely publicized lese majeste trial against prominentsocial critic Sulak Siwarak that began in 1993 after his returnfrom self-exile is still under way in the criminal courts. InOctober the trial concluded in the lese majeste and secessioncase of four Shiite Muslims, held in prison since their arrestin Pottanim (Pattani province) in 1990. Three were convictedon lese majeste and other charges and sentenced to between 6and 31 years in prison. The fourth was convicted on othercriminal charges and sentenced to 6 years in prison.Defendants tried in ordinary criminal courts enjoy a broadrange of legal rights, including access to a lawyer of theirchoosing. A government program provides free legal advice tothe poor, but indigent defendants are not automaticallyprovided with counsel at public expense. Most free legal aidcomes from private groups, including the Thai Lawyers'Association and the Thai Women Lawyers' Association.Well-informed legal sources estimate that there are at most 10political prisoners in Thailand. Political affiliation andquestionable evidence may have influenced the ability of theseprisoners to receive a fair trial or fair punishment. Muslimgroups claim 16 political prisoners are held on criminalcharges because of their political views. In the past fewyears the authorities used lese majeste laws in severalhigh-profile cases to intimidate political opponents.Ex-Royal Thai Army Major General Manoon Roopkachorn, accused ofmasterminding a 1982 plot to assassinate the Queen, the PrimeMinister, and the army commander, was cleared of all charges in1994 and filed suit against the investigating officers forfalsifying evidence. The other two defendants in the case werealso cleared. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe law requires police to obtain a warrant prior to a search.Warrants are issued by the police with prior Ministry ofInterior or provincial governor approval and are not subject tojudicial review. There were some credible reports thatofficers sometimes endorse warrants in advance and then allowtheir noncommissioned subordinates to apply them as needed.The Anti-Communist Activities Act allows officials engaged in"Communist suppression operations" to conduct searches withoutwarrants, but these powers rarely have been invoked in recentyears and were not invoked in 1994.Thai society is essentially open; membership in politicalorganizations is voluntary, and the unmonitored exchange ofideas is generally permitted. However, security servicesmonitor persons espousing leftist or controversial views,including foreign visitors.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for, and citizens generally enjoy, asubstantial measure of freedom of speech. However, the lawprohibits criticism of the royal family (lese majeste), threatsto national security, or speaking in a manner likely to incitedisturbances or insult Buddhism.Newspapers and periodicals practice some self-censorship,especially with regard to the monarchy and national securityissues. However, strong media criticism of political parties,personalities, and the Government is common and robust.Journalists are generally free to comment on governmentactivities without fear of reprisal, although there werecredible reports of occasional harassment or bribing ofjournalists by individual politicians. Also, journalists arereluctant to criticize the judiciary out of fear that they willnot be treated fairly by the judges during libel proceedings.Radio and television stations are government licensed andoperated primarily by the Government and military. Radiostations are required by law to broadcast government-producednewscasts four times daily. A bill to abolish the orderrequiring these broadcasts was passed by Parliament in October.Although programmers are generally free to determine thecontent and nature of television broadcasts, a governmentinternal censorship board commonly edits or "blacks out"portions of programming deemed politically sensitive. Self-censorship is more prevalent in privately operated stationsbecause their licenses must be renewed every few years.In May the military shut down an army-owned radio stationleased to a private news group for 3 days after the station rana commentary critical of the armed forces. In another incidentin February, government-run media attempted to protect aprominent Buddhist monk accused of sexual misconduct byprohibiting interviews with another well-known Buddhist on hisviews about the allegations and declined to air a videodocumenting the monk's overseas travels.Representatives of the film industry continued to criticize thepolice-controlled film censorship board, which regularlydeletes all references in films to a number of topics deemedpolitically controversial or considered pornographic. Thepolice censorship board initially banned the film "Schindler'sList" because of a nude scene. However, after a furor in thepress, the board reversed its decision.Thai domestic publications continued to present a wide range ofpolitical and social commentary. Unless critical of the royalfamily or the monarchy, foreign and domestic books normally arenot censored and circulate freely. The 1941 Press Law empowersthe Police Director General to prohibit the import of printedmatter deemed dangerous to public order and morals. The listmainly consists of pornographic material, but it also stillincludes books written by Communists.In May the Cabinet rescinded a 1976 military order prohibitingpossession of printed materials that could cause divisionsamong members of the public.Academic and technical research is conducted freely. b. Freedom of Peaceful Assembly and AssociationThe legal system recognizes the right of peaceful assembly, andthere were many examples of people exercising their right tofree and peaceful assembly unhindered by governmentinterference in 1994. However, government officials sometimesrestrict this right. In July the Government effectivelyblocked foreign participation at an NGO conference about EastTimor and pressured potential host sites to refuse to host theseminar. After attorneys called into question the legality ofthe Government's action, the conference was allowed to takeplace. However, government intimidation was effective inpreventing many, particularly overseas visitors, fromparticipating (see Section 4).Private associations must register with the Government, butpermits are not required for private meetings or gatheringsunless held on public property. c. Freedom of ReligionFreedom of religion is protected by law and generally respectedin practice. The de facto state religion is TheravadaBuddhism, but other religions are not restricted.Members of minority religious movements occasionally aresubjected to legal action. For example, the trials ofdissident Buddhist leader Phra Potirak and his followers forallegedly violating the law governing the Buddhistecclesiastical hierarchy and impersonating Buddhist monks ornuns continued. Phra Potirak and his followers remain free onbail and continue their religious activities. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe right of citizens to change their residence or workplacewas unabridged. Travel was restricted in certain border areaswhere foreign or vestigial domestic insurgent groups remainactive. Longstanding restrictions on the travel and place ofresidence of certain Chinese and Vietnamese aliens living inThailand remained in place. In addition, some long-termnoncitizen residents of Thailand, including several hundredthousand tribal people, must seek permission from localauthorities or the army for foreign or domestic travel.In September the police summarily detained and deported toMalaysia seven members of a Malaysian Muslim sect whosepassports were revoked by the Malaysian Government. TheMalaysian Government subsequently jailed them for theirdissenting views on Islam. (See the report on Malaysia.)Several regulations intended and used to help reducetrafficking in women and children for purposes of prostitutioncould be used to infringe on the right of women and children totravel freely. One statute (rarely used), dating to the lastcentury, requires women to obtain their husband's permissionbefore traveling outside Thailand. Also, female passportapplicants under age 36 must sit through a series of interviewsregarding their employment records and finances. Passportapplications by single Thai women and children under the age of14 must also be approved by the Department of Public Welfare.The Government has not revoked citizenship for politicalreasons.Thailand continued to provide first asylum to Vietnamese andLao asylum seekers and to process them in accordance with theComprehensive Plan of Action (CPA) agreed to in Geneva in1989. There were no reports of any pushbacks of Vietnamese orLao asylum seekers, and no credible reports of forcedrepatriation. The Government announced that all Lao camps areto be closed by 1995 and continued to cooperate with the U.N.High Commissioner for Refugees (UNHCR) and Laos in a trilateralprogram to facilitate the voluntary repatriation of certain Laoin Thailand.Under Thai law, Burmese (and other non-Indochinese) asylumseekers are considered illegal immigrants subject todeportation, but Thailand continued to permit Burmese asylumseekers to remain in camps along the Thai-Burma border and nearBangkok. While Burmese outside of camps were arrestedperiodically and sent to areas not controlled by the BurmeseGovernment on the border, the Government did not deport anyBurmese recognized by the UNHCR as a "person of concern."Residents of the "safe area" first asylum camp for Burmesedissidents in Ratchaburi province had regular access to theUNHCR, which concluded that conditions at the safe area meetbroadly accepted international standards for the protection andwelfare of asylum seekers. The safe area is open to allBurmese "persons of concern," whether or not they previouslyregistered with the Thai Government. However, by year's end,only about 170 of the 2,500 Burmese "persons of concern"resided there.About 73,000 ethnic minority Burmese and 1,500 Burmese studentsand dissidents continued to reside in some 30 camps in Thailandalong the Thai-Burma border. Thailand ordered the relocationof several camps to Burma, but continued to permit voluntaryagencies and the UNHCR to provide food, medical, and sanitationassistance along the border.Thailand generally continued to accept new arrivals fromCambodia fleeing the fighting, but several subsequentrepatriations occurred in which the safety of the returningrefugees or the voluntary nature of their decision to returnwas in doubt. After heavy fighting along the Cambodian borderin March, some 30,000 Cambodians fled into Thailand. Militaryofficials provided assistance and moved the Cambodians back toan area of Cambodia that was not experiencing fighting.However, the military refused access to the group byinternational observers prior to the repatriation. In MayThailand repatriated several dozen Burmese who had fledfighting in Shan state, in some cases before it could beascertained that the fighting had ceased. In July Burmeseforces entered an outlying section of an ethnic Mon camp(located on Burmese soil), prompting several thousand Mon toflee to a site inside Thailand. Thai authorities, afterreceiving assurances from Burmese forces that the incursion wasa mistake and would not be repeated, eventually forced the Monto return to their original site in September, despite protestsby the UNHCR and the international community. Thailand alsoinstituted closer monitoring of the movements and activities ofBurmese asylum seekers and NGO's along the border. In at leastone area of the Burmese border, access to camps in Thailand wasblocked on grounds that there was no longer any fighting inthat part of Burma. New arrivals were required to set up campson the Burmese side of the border.</text>
</content>
<name>Thailand </name>
<script></script>
</card>
card_69160.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TANZANIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentA multiparty political system was officially introduced in 1992after 28 years of one-party rule. Pending national electionsin 1995, party elites within the Chama Cha Mapinduzi Party(CCM) continued to exercise effective control of theGovernment. In 1994 the CCM won all four parliamentaryby-elections in which most of Tanzania's political partiesparticipated. Although the elections were consideredtechnically free, the governing party's monopoly of the radio,its use of government funds and other resources, and theGovernment's legal authority to grant rally permits outside ofcampaign periods, effectively denied the opposition a fairopportunity to present their case to the voters. However, inKigoma a judge overruled the results of the Februaryby-election because of irregularities in election proceedings.The political parties also participated in the mainland's localgovernment polls held on October 30. CCM won 97 percent of thelocal government seats for which results were available at theend of 1994. Following the Kigoma by-election decision, RadioTanzania dropped blatant campaigning for CCM candidates, andthe Government prohibited CCM candidates and their supportersfrom using government vehicles and congregating at governmentbuildings. The opposition largely experienced no problems inholding its rallies. However, opposition parties charged thatsome CCM officials threatened voters with denial of servicesand other retributions if they voted for the opposition.A group of mainland parliamentarians persisted in challengingtheir party's longstanding policy on the union's framework andcriticized Zanzibar's disproportionate representation andinfluence in state institutions by introducing a motion tocreate a three-government system with a separate Tanganyikagovernment for the mainland. Ultimately, however, the CCMleadership succeeded in reestablishing party discipline and inAugust declared party debate on the union issue closed. TheTanganyika government motion was defeated shortly thereafter.There are no restrictions in law on the participation of womenin politics and government. However, in practice few women arepolitically active, largely due to cultural impediments andtraditional societal roles for women (see Section 5). Womenhold 27 of 248 seats in the National Assembly and 4 of 25cabinet positions.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government has obstructed the formation of local humanrights groups. Persons seeking to register human rights NGO's,like the newly created Defenders of Human Rights in Tanzania,complained that the Ministry of Home Affairs continued to delayaction on their applications.While there were no visits by international human rightsorganizations, a leading cabinet minister said the Governmentwould have no objection to such visits, including those for thepurpose of visiting prisons.Although the Government announced in 1993 plans to holdtribunals and conferences throughout the country on humanrights abuses, focusing specifically on abuses against womenand children, it did not hold any such conferences in 1994.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution prohibits discrimination based on nationality,tribe, origin, political affiliation, color, religion, orlifestyle. Discrimination based on sex, age, or disability isnot specifically prohibited by law but is publicly discouragedin official statements. WomenAlthough the Government advocates equal rights for women in theworkplace, it does not ensure these rights in practice. In thepublic sector, which employs 80 percent of the salaried laborforce, certain statutes restrict women's access to some jobs orhours of employment. While progress on women's rights has beenmore noticeable in urban areas, strong traditional norms stilldivide labor along gender lines and place women in asubordinate position. Discrimination against women is mostacute in the countryside, where women are relegated to farmingand raising children, with almost no opportunity for wageemployment.The overall situation for women is even less favorable inheavily Muslim Zanzibar. Women there and in many parts of themainland face discriminatory restrictions on inheritance andownership of property because of concessions by the Governmentand courts to customary and Islamic law. While provisions ofthe Marriage Act provide for certain inheritance and propertyrights for women, application of customary, Islamic, orstatutory law depends on the lifestyle and stated intentions ofthe male head of household. The courts have thus uphelddiscriminatory inheritance claims, primarily in rural areas.Under Zanzibari law, unmarried women under 21 who becomepregnant are subject to 2 years' imprisonment, although thishas not been enforced for several years.Violence against women is widespread. Legal remedies exist butare not used in practice. Traditional customs that subordinatewomen remain strong, and local magistrates often uphold them.The husband has a free hand to treat his wife as he wishes, andwife beating occurs at all levels of society. Cultural,family, and social pressure prevents many women from reportingabuses to authorities. Government officials frequently makepublic statements decrying such abuses but rarely take actionagainst perpetrators.Several NGO's provide counseling and education programs onwomen's rights issues, particularly sexual harassment andmolestation. ChildrenGovernment funding of programs for children's welfare remainsminiscule, at only 2.3 percent of government developmentexpenditure. The Government has made some constructive effortsto address children's welfare, including working closely withchurches and NGO's to assess the well-being of orphans andneglected children.Although the Government officially discourages female genitalmutilation (FGM), it is still performed at an early age inapproximately 20 of the country's 130 main ethnic groups.International health experts state that FGM is damaging to boththe physical and psychological health of girls. Governmentofficials have called for changes in customs which adverselyaffect females, but no legislation has been introduced thatwould specifically restrict the practice of FGM. Seminarssponsored by various governmental and nongovernmentalorganizations are regularly held to attempt to educate thepublic on the dangers of these and other traditionalpractices. Health authorities state the practice of FGM isdeclining, but other sources maintain that it is on the rise,especially in central Tanzania. National/Racial/Ethnic MinoritiesThe Government has discriminated against the Barabaig people ofcentral Tanzania for many years. The Barabaig and theirattorneys maintain that the Government has illegallydispossessed them of their traditional lands in order toimplement a government-run agricultural project. In 1994 theBarabaig registered an NGO to press for redress of pastdiscrimination and to preserve their culture.The Asian community has declined by 50 percent in the pastdecade to about 44,000 as a result of considerable antipathy bymany African Tanzanians. There are, however, no laws orofficial policies discriminating against them. As theGovernment places greater emphasis on market-oriented policiesand privatization, public concern regarding the Asiancommunity's economic role has increased. This has led todemands for policies of "indigenization" to ensure thatprivatization does not increase the Asian community's economicpredominance at the expense of the country's African population. Religious MinoritiesThe Muslim community claims to be disadvantaged in terms of itsrepresentation in the civil service and government and instate-owned businesses, in part because both colonial and pastpostindependence administrations refused to recognize thecredentials of the traditional Muslim schools. As a result,there is widespread Muslim resentment of the perceivedadvantages enjoyed by Christians. Christians, in turn, havebeen critical of what they perceive as undue favoritismaccorded to Muslims in appointments, jobs, and scholarships bythe President, who is a Muslim. Some leaders in both campsappear to play up religious tensions (see Sections 2.b. and2.c.). In fact, there does not at present appear to bediscrimination based on religion in access to employment oreducational opportunities. People with DisabilitiesThe Government does not mandate access to public buildings,transportation, or government services for people withdisabilities. Although there is no official discriminationagainst the disabled, in practice the physically disabled areeffectively restricted in their access to education,employment, and provision of other state services due tophysical barriers. The Government provides only limitedfunding for special facilities and programs.Section 6 Worker Rights a. The Right of AssociationBoth the Constitution and the 1955 Trade Union Ordinance referto the right of association of workers. Nevertheless, workersdo not have the right to form or join organizations of theirown choice. The Organization of Tanzania Trade Unions (OTTU)Act of 1991 addresses all labor union issues, and the OTTU iseffectively the only labor union organization in Tanzania. InNovember 1993, the Government registered the Tanzania Teachers'Union (TTU), and the TTU elected its own leaders in May. TheTTU, however, remained closely affiliated with the OTTU, andmember dues deducted from salaries continued to go directly toOTTU.In 1994, the OTTU continued a 3-year restructuring programwhich is intended to enable union workers to elect new leaderswho have not been "prequalified" by the ruling party and toreshape the OTTU as an organization presiding over a federationof independent unions. However, the Labor Law still requiresall union labor to be under the OTTU and permits the Presidentof Tanzania to disband any member union of OTTU at hisdiscretion. OTTU general elections under the restructuringprogram are expected by July 1995.The OTTU, like its predecessor, the Association of Workers ofTanzania (JUWATA), represents about 60 percent of the workersin industry and government, but it has little influence onlabor policy. Overall, roughly 25 percent of Tanzania's 2million wage earners are organized. All workers, includingthose classified as "essential" service workers, are permittedto join the OTTU, but "essential" workers are not permitted tostrike.Workers have the legal right to strike only after complicatedand protracted mediation and conciliation procedures leadingultimately to the Industrial Court, which receives directionfrom the Minister of Labor and Youth Development. If the OTTUis not satisfied with the decision of the Industrial Court, itcan then conduct a legal strike. These procedures can prolonga dispute for months without resolving it.Pending a resolution, frustrated workers often stage impromptu,illegal wildcat strikes and walkouts, and there were many suchstrikes in 1994. In March, for example, the OTTU called a3-day nationwide public-sector strike which the Governmentdeclared to be illegal, threatening to discharge any workerswho participated. Only workers in Mbeya participated to anynotable extent. There are no laws prohibiting retributionagainst legal strikers.The OTTU continued JUWATA's policy of limiting itsinternational affiliations to regional and pan-Africanist tradeunion organizations. b. The Right to Organize and Bargain CollectivelyCollective bargaining is protected by law but limited to theprivate sector. Wages for employees of the Government andstate-owned organizations, which account for the bulk of thesalaried labor force, are administratively set by theGovernment. However, the Ministry of Labor established a boardto review and regulate wage rates which includedrepresentatives of the Government, trade unions, and employers'organizations.Although the OTTU negotiates on behalf of most private sectoremployees with the Association of Tanzania Employers,collective agreements must be submitted to the Industrial Courtfor approval. The International Labor Organization (ILO) hasobserved that these provisions are not in conformity with ILOConvention 98 on Collective Bargaining and the Right toOrganize. Tanzania's Security of Employment Act of 1964prohibits discriminatory activities by an employer againstunion members. Employers found guilty of antiunion activitiesare legally required to reinstate workers.There are no export processing zones (EPZ's) on the mainland.The OTTU reports that two EPZ's opened on Zanzibar in 1994using nonunion labor. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits forced labor. However, again in1994, the ILO observed that provisions of various Tanzanianlaws are incompatible with ILO Conventions 29 and 105 on ForcedLabor. Specifically, the Human Resources Deployment Act of1983 requires every local government authority to ensure thatable-bodied persons over 15 years of age not in school engagein productive or other lawful employment. In some rural areas,ordinary villagers are still obligated to work in the villagecommunal garden or on small construction projects, such asrepairing roads. d. Minimum Age for Employment of ChildrenBy law, children under the age of 12 are prohibited fromworking, but this provision applies only to the formal wagesector in both urban and rural areas and not to childrenworking on family farms or herding domestic livestock.Children between the ages of 12 and 15 may be employed on adaily wage and on a day-to-day basis but must have parentalpermission and return to their residences at night.The minimum age for entry into work of a contractual nature inapproved occupations is set at 15. The law prohibits a youngperson from employment in any occupation that is dangerous orinjurious to health. Those between the ages of 12 and 15 maybe employed in industrial work but only between the hours of6 a.m. and 6 p.m., with some exceptions allowed. The Ministryof Labor and Youth Development is responsible for enforcement.The effectiveness of government enforcement has reportedlydeclined with increased privatization. According to a 1992 ILOreport, approximately 12 percent of 10- to 14-year-old childrenwho work outside the family are in the wage sector. Largenumbers of children work 11-hour days in cotton ginneries andon sisal plantations. On one sisal plantation, childrencomposed 30 percent of the work force; only half of thechildren had completed primary school. They had a highincidence of skin and respiratory problems, were not providedwith protective clothing, and lacked adequate nourishment andlodging. e. Acceptable Conditions of WorkThere is a legal minimum wage for employment in the formalsector. The OTTU often negotiates higher minimum wages withindividual employers, depending on the financial status of thebusiness. A worker earning the minimum wage, even whensupplemented with various benefits such as housing,transportation allowances, and food subsidies, may not alwaysbe able to provide an adequate living for his family and mustdepend on the extended family or a second or third job. Theofficial minimum wage was increased to about $19 (10,000Tanzanian shillings) per month, but many workers, especiallythose in the informal sector, are paid less.There is no standard legal workweek. However, a 5-day, 40-hourworkweek is in effect for government workers. Most privateemployers retain a 6-day, 44- or 48-hour workweek. In general,women may not be employed between 10 p.m. and 6 a.m. Severallaws regulate safety in the workplace. An occupational healthand safety inspection system, set up with the assistance of theILO, is now managed by the Ministry of Labor and YouthDevelopment. Its effectiveness, however, is minimal. OTTUofficials have claimed that enforcement of labor standards iseffective in the formal sector, but no verification studieshave been performed. Workers can take an employer to courtthrough their OTTU branch if their working conditions do notcomply with the Ministry of Labor's health and environmentalstandards. Workers making such complaints have not lost theirjobs as a result. Enforcement of labor standards isnonexistent in the informal sector.</text>
</content>
<name> </name>
<script></script>
</card>
card_68912.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TANZANIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 TANZANIAThe United Republic of Tanzania amended its Constitution in1992 to become a multiparty state. However, pending nationalelections scheduled for 1995, the ruling Chama Cha MapinduziParty (CCM) continued to control the Government. President AliHassan Mwinyi was reelected to a final 5-year term as Presidentof the Republic in October 1990. The Government sets andimplements fundamental political policies, including stepstoward the 1995 national multiparty elections. The islands ofZanzibar are integrated into the United Republic's governmentaland party structure, but the Zanzibar Government exercisesconsiderable autonomy. The structure of the union continued tobe the subject of debate.The police have primary responsibility for maintaining law andorder. They are supported by a variety of citizens' anticrimepatrols known as "Sungusungu" in urban areas and "Wasalama" inrural zones. The police regularly mistreat and occasionallybeat suspects during arrests and interrogations. The citizens'anticrime groups have also used excessive force at times whilecarrying out their tasks.Agriculture provides 90 percent of employment. Cotton, coffee,sisal, tea, and gemstones account for most export earnings.The industrial sector is small. Economic reforms undertakensince 1986, including liberalization of agricultural policy,the privatization of state-owned enterprises, rescheduling offoreign debt payments, and the freeing of the currency exchangerate, have helped stimulate economic growth--estimated between4 and 4.5 percent in 1994--for the eighth straight year.There was little change in the human rights situation, and theGovernment and the CCM continued to restrict civil rights asthey attempted to control the pace and direction of politicalchange. In the process, the Government restricted freedom ofthe press, interfered with the right of peaceful assembly, andcontinued to infringe on citizens' rights of privacy and freemovement. In December the Court of Appeal upheld anunprecedented High Court ruling nullifying a CCM by-electionvictory. The judicial system does not provide expeditiousjustice and fair trial for many citizens. The police continuedto detain, abuse, and mistreat suspects arbitrarily, but theGovernment rarely prosecutes offenders. Prison conditions areharsh and life-threatening. Mob justice and discrimination andviolence against women remained severe and widespread, and theGovernment did not usually prosecute offenders. Some abuse ofchildren continued.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicialkillings. There was no resolution of an extrajudicial killingfrom the previous year. On January 31, 1993, following aconfrontation on the island of Pemba over the removal ofopposition party flags of the Civic United Front (CUF), a localpoliceman shot and killed one party member and injuredanother. After a lengthy investigation, the policeman whofired the shots was charged with murder without intent, butremained free. Opposition leaders complained that there was noprogress towards an actual trial. The case was still pendingat the end of 1994.In August, in a 10-day wave of "mob justice" in Dar es Salaam,mobs killed at least seven people, including by dousingsuspected criminals with gasoline and setting them on fire.Government officials said that mob justice had killed 433persons nationwide since 1992. The press highlighted thosecases in which victims have been rescued by the police.Although government officials have condemned the practice,there are no reports of individuals being arrested orprosecuted for engaging in mob justice.The widespread belief in witchcraft has led, in some instances,to killing of alleged witches by their "victims," aggrievedrelatives, or mobs. For example, in March alleged witches werebrutally murdered in Rungwe district. While governmentauthorities attempt to discourage such practices, they rarelyprosecute participants. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution prohibits the use of torture and inhuman ordegrading treatment, but the police regularly threaten andmistreat and occasionally beat suspected criminals during andafter their apprehension and interrogation. Althoughgovernment officials condemn these practices whenever suchcases become public, the Government seldom prosecutes officialsfor such abuses.The People's Militia Laws, as amended by Parliament in 1989,bestow quasi-legal status on the traditional "Sungusungu" and"Wasalama" neighborhood and village anticrime groups.Government officials acknowledge that prisons are overcrowdedand that living conditions are poor. Serious diseases such asdysentery, malaria, and cholera are common and result indeaths. The Government does not release statistics regardingthe number of prisoners or the number of deaths. Convictedprisoners are not allowed to receive food from the outside andare often moved to different prisons without notification totheir families. Pretrial detainees are held together withthose serving sentences but are allowed to receive food fromthe outside. There is no outside monitoring of prisonconditions. d. Arbitrary Arrest, Detention, or ExileThe Criminal Procedure Code, amended in 1985, requires that aperson arrested for a crime, other than a national securityoffense under the Preventive Detention Act, be charged before amagistrate within 24 hours. However, in practice, the policeoften fail to do so. The 1985 amendments also restricted theright to bail and imposed strict conditions on freedom ofmovement and association when bail is granted. Because ofbacklogs, an average case still takes 2 to 3 years or longer tocome to trial, during which pretrial detainees remainincarcerated under poor conditions. The Code provides for aright to defense counsel. The Chief Justice assigns lawyers toindigent defendants charged with serious crimes such as murder,manslaughter, and armed robbery. There are only a few hundredpracticing lawyers in Tanzania, and most indigent defendantscharged with lesser crimes do not have legal counsel.Under the Preventive Detention Act, the President may order thearrest and indefinite detention without bail of any personconsidered dangerous to the public order or national security.The Act was also amended in 1985 to require the Government torelease detainees within 15 days of detention or inform them ofthe reason for their detention. The detainee was also allowedto challenge the grounds for detention at 90-day intervals.Despite a landmark ruling by the Court of Appeal in 1991 thatthe Preventive Detention Act could not be used to deny bail topersons not considered dangerous to society, the Government hasstill not introduced corrective legislation. The PreventiveDetention Act was not used in 1994.The Government has additional broad detention powers under theRegions and Regional Commissioners Act and the AreaCommissioner Act of 1962. These Acts permit regional anddistrict commissioners to arrest and detain for 48 hourspersons who may "disturb public tranquility."Police continued to make arbitrary arrests, although lessfrequently than in the past. For example, police occasionallyarrest relatives of criminal suspects, holding them in custodywithout charge for as long as several years in efforts to forcethe suspects to turn themselves in. Such relatives who manageto get their case before a judge are usually set free, only tobe immediately rearrested when they leave the courtroom. TheGovernment has not taken any action to correct these abuses.In 1993 the police arrested Christopher Mtikila, the leader ofthe unregistered Democratic Party, and charged him with usingthreatening language against the President. The authoritiesdropped this specific charge on a technicality in March, butonly after detaining him for 2 days in February to keep himfrom traveling to Kigoma, where a parliamentary by-election wasbeing held (see Section 2.d.). Mtikila complained that thepolice used other continuing legal proceedings against him as apretext to inhibit his travel around Tanzania and to harasshim. While members of opposition parties have been harassed bygovernment officials, particularly on Zanzibar, none wasdetained under the Preventive Detention Act during the year.Six Angolans who entered Tanzania in July 1993 refused offersof political asylum. Therefore, they were classified asillegal aliens, arrested in December 1993, and held in prisonat year's end. e. Denial of Fair Public TrialWeaknesses in the judicial system and government interferencedeny expeditious and fair justice to many citizens.The legal system is based on the British model, withmodifications to accommodate customary and Islamic law in civilcases. Military courts do not try civilians, and there are nosecurity courts. Defendants in civil and military courts mayappeal decisions to the High Court and the Court of Appeal.Criminal trials are open to the public and the press; courtsmust give reasons on the record for holding secretproceedings. Criminal defendants have the right of appeal.Zanzibar's court system generally parallels the mainland'slegal system but retains Islamic courts to handle Muslim familycases such as divorce, child custody, and inheritance. Casesconcerning Zanzibar constitutional issues are heard only inZanzibar's courts. All other cases may be appealed to theTanzanian Court of Appeal.While the judiciary is constitutionally mandated to operateindependently from the executive branch, the Governmentsometimes influences cases. For example, judges who renderdecisions unpopular with senior police or government officialshave been pressured or transferred and reassigned. In July ajudge with a good record of supporting human rights withdrewhimself from hearing a suit brought by Mtikila after theGovernment alleged that he lacked impartiality (see Section1.d.). Government officials sometimes ignore judicialrulings. However, the judiciary asserted a measure ofindependence when the High Court ruled in favor of anopposition candidate, declaring the results of a parliamentaryby-election in Kigoma null and void. The Court of Appealupheld this ruling in December, but the National ElectoralCommission announced that no new by-election would be heldbefore the general elections in October 1995.In addition to government interference, the judicialbureaucracy is widely criticized as inefficient and corrupt,bringing into question a defendant's ability to receive a fairand expeditious trial in all cases. There are reports ofprisoners waiting several years for trial because they couldnot pay bribes to police and court officials. Although theGovernment initiated efforts as early as 1991 to highlightjudicial corruption, it has made little progress in correctingthis situation.There were no known political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe State continued to interfere with these rights, which aregenerally provided for in the Constitution. The CCM hashistorically penetrated all levels of society through localcells, varying in size from single-family homes to largeapartment buildings and containing from 10 to 200 persons.Unpaid party officials serve as 10-cell leaders with authorityto resolve problems at the grassroots level and to report toauthorities any suspicious behavior, event, or noncompliancewith compulsory night patrol service in the neighborhood. In1993 elections were held for new grassroots leaders to replacethe CCM 10-cell leaders in nonparty business. Because theGovernment reversed its position and subsequently held theelections on a party basis, most of the opposition partiesboycotted the elections. In fact, few voters participated inthese elections, and the former CCM 10-cell leaders retainednearly all of their power and influence.CCM membership is voluntary and is estimated at approximately 2to 3 million cardholders. While in the past CCM membership hadbeen necessary for advancement in political and other areas,the importance of such membership is waning.The Criminal Procedure Act of 1985 authorizes police officials(including the civilian anticrime units) to issue searchwarrants; however, the Act also authorizes searches of personand premises without a warrant if necessary to prevent the lossor destruction of evidence connected with an offense or ifcircumstances are serious and urgent. In practice, warrantsare rarely requested, and the police and others search privatehomes and business establishments at will. The securityservices reportedly monitor telephones and correspondence ofsome citizens and selected foreign residents.Compulsory participation in local anticrime groups known as"Wasalama" and "Sungusungu" continued in some areas.Historically, these groups have operated only in rural areas tocombat cattle rustling and other criminal activity; however,government ministers continued to promote them vigorously inurban areas to combat crime.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and the press.Opposition political party members and others openly criticizedthe Government and ruling party in public forums. Generally,the official media--radio, television, and press--largelyreflect official positions, following guidance from theMinistry of Information. Editorials are often written bysenior officials. Government-controlled Radio Tanzania,broadcasting in Swahili and English, is the medium throughwhich most citizens receive their information. Radio has beenslower than the print media to reflect a diversity of views.In the past year, the trend towards press liberalization andopenness continued. Media competition forced officialnewspapers to include more stories critical of the Government,as private newspapers increased both in numbers and frequencyof publication. However, while there is no officialcensorship, public media often practiced self-censorshipthemselves due to fear of government reprisals.The Government employed various methods to restrict what itconsidered objectionable voices in the independent press. InJanuary the Government closed the Swahili paper Baraza for 1month, nominally on technical grounds related to its license,but more likely for an article accusing a senior governmentofficial of involvement in the death of a Muslim cleric. TheGovernment charged publishers and editors of the Express withseditious libel in March for an editorial that compared theGovernment to a garbage heap. At year's end, this case had notbeen decided in court, and the Express continued to publish.However, in May the Express and its Swahili affiliate Mwananchiannounced that the two newspapers had been denied permission tobegin printing daily. Opposition political leaders charge thatthe Zanzibar Government is much more restrictive than the unionGovernment in limiting the publication of private newspapers.Fair coverage of the political opposition, as well as directaccess, are issues of continuing concern as Tanzania approachesnational multiparty elections in October 1995. In August theHigh Court nullified the results of the February parliamentaryby-election in Kigoma, based in part on allegations that RadioTanzania improperly favored the ruling party in its electionreporting. Despite this ruling, opposition parties continuedto receive little official coverage and are limited to one45-minute radio broadcast each week, which is repeated thefollowing day. Two private television stations and two privateradio stations began broadcasting in Dar es Salaam but featuredonly nonpolitical programming.Academic freedom exists in theory, although most academics areemployed in government institutions and hesitate to promotesensitive subjects in their classrooms. On the other hand, inpublications and public appearances, they have been outspokenand frank in their views. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for the freedom of peaceful assemblyand association, and citizens generally enjoyed the right todiscuss freely political alternatives. However, theConstitution and other legal acts limit these rights andstipulate that citizens cannot run for public office unlessthey are members of a political party.Until a judicial reversal in October, the Government requiredpermits from district commissioners for any public meeting,except for political party rallies during official electioncampaign periods. At times district commissioners issuedpermits too late for opposition parties to publicize theirrallies, or the permits were too restrictive in terms of timesor locations. In July the police used tear gas to break up anunauthorized march to the National Assembly in Dar es Salaamfollowing a legal rally by opposition parties, and theyrequired opposition party members to report for questioning.In August police issued a permit to the opposition partyChadema (Party of Democracy and Development) for a rally inKigoma but warned that they would immediately break up therally if speakers used "abusive" or "insulting" language. InArusha the district commissioner issued a permit for anopposition party to hold a rally but then insisted that anotherpermit was needed in order for the party to publicize therally. Rally organizers complained that the ensuing delaysharply reduced attendance at the rally. The authorities alsoexplicitly denied some requests for rally permits. Forexample, in April the district commissioner in Zanzibarprohibited the opposition party CUF from holding a rally 2 daysbefore a national holiday, while the CCM was allowed to hold arally on the same day.In a major landmark ruling in October, a High Court judgedetermined that permits from district officials were no longerneeded for public meetings. However, in December Parliamentdiluted this ruling by passing a legal amendment requiringregistered political parties to obtain police approval forpolitical rallies. Police were given the authority to denypermission on public safety or security grounds or if thepermit seeker belonged to an unregistered party. At the end of1994, the rally permit issue was confused, with permits beingissued inconsistently and in a few cases being deniedoutright. On Zanzibar, officials announced that the mainland'sHigh Court decision did not apply to Zanzibar, and permitrequirements did not change.In July police arrested 35 Muslims at a mosque in Morogoroafter a May presidential announcement prohibiting rallies thatslandered other religions.The registrar of political parties has sole authority toapprove or deny the registration of any political party and isresponsible for enforcing strict regulations on registered orprovisionally registered parties. The electoral law prohibitsindependent candidates, requires all standing Members ofParliament to resign if they join another political party,requires all political parties to support the union withZanzibar, and forbids parties based on ethnic, regional, orreligious affiliation. Parties granted provisionalregistration may hold public meetings and recruit members.They have 6 months to submit lists of at least 200 members from10 of the country's 25 regions, including 2 regions on theislands, in order to secure full registration and to beeligible to field candidates for election. Nonregisteredparties are prohibited from holding meetings, recruitingmembers, or fielding candidates.The most prominent unregistered party was Reverend ChristopherMtikila's Democratic Party which advocates the dissolution ofthe union and the expulsion of minorities from the mainland.Despite his political party's lack of government recognition,Mtikila was able to publicize his views through his legallyregistered church and through a lawsuit against the Governmentchallenging the appointment of Zanzibaris to the unionGovernment.Under the Societies Ordinance, the Ministry of Home Affairsmust approve any new association. Several nongovernmentalorganizations (NGO's) formed in the last few years to addressthe concerns of families, the disabled, women and children. Anumber of professional, business, legal, and medicalassociations exist, but they have only begun to addresspolitical topics. Leaders of a new human rights group, calledDefenders of Human Rights in Tanzania, complained that theGovernment refused to act on their application to register (seeSection 4). Opposition leaders complain that the ZanzibarGovernment is even more restrictive in registering societiesthan the union Government. c. Freedom of ReligionThe Constitution provides for freedom of religion, and theGovernment generally respects this right in practice, subjectto measures it claims are necessary to ensure public order andsafety. Missionaries are allowed to enter the country freelyto proselytize, and citizens are allowed to go abroad forpilgrimages and other religious practices.Although freedom of worship is not infringed, there continuedto be evidence of religious tension between Muslims andChristians, including the arrest of 35 Muslims at a mosque inMorogoro after a May presidential announcement prohibitingrallies that slandered other religions (see Sections 2.b. and5). Some government officials have spoken out againstreligious intolerance, and the Government has banned meetingsin which religious leaders attack other faiths. Except for theMorogoro incident, however, the ban has not been enforced. InDecember a local court sentenced 16 Muslim fundamentalists whohad been charged in the rioting and destruction of several porkbutcheries in Dar es Salaam in April 1993. The court acquitted4 of the defendants and sentenced the remaining 12 to 4 years'imprisonment. One of the Muslim leaders who had been chargedwith instigating the violence and later with sedition, SheikhKassim Jumaa Khamis, died in January 1994. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationShort-term domestic travel is not restricted, but citizens mustfollow national employment directives stipulating the nature ofemployment and the location of residence. The Human ResourcesDeployment Act of 1983 requires local governments to ensurethat every resident within their areas of jurisdiction engagesin productive and lawful employment. Those not employed aresubject to transfer to another area where employment isavailable. In December the Dar es Salaam City Council roundedup 395 beggars and returned them to their home areas atgovernment expense. Some vowed to return. These laws are alsoused as a pretext for police to solicit bribes and intimidateurban residents.Leaders of the opposition party CUF complained that theZanzibar government harassed them whenever they attempted tovisit their party offices outside of Zanzibar town. Zanzibarregional government leaders have also interfered with CUFattempts to visit Pemba island, considered by CUF as itsstronghold. In February Democratic Party leader Mtikila wasbriefly detained by the police as he was about to begin travelto the site of an impending parliamentary by-election inKigoma. Although he was soon released and no charges werefiled, the Government move was likely intended to preventMtikila from speaking in Kigoma against the ruling party andits candidate, a businessman of Asian origin.In August the union Government announced that agreement hadbeen reached with the government of Zanzibar to do away withthe longstanding requirement that mainlanders present passportsto travel to Zanzibar and Pemba. However, at year's endZanzibar immigration officials continued to require mainlandersto present passports pending implementing legislation.Mainlanders are able to obtain special travel documents validonly for travel to Zanzibar and Pemba at no cost but are notallowed to own land or work in the islands.Passports for foreign travel can be difficult to obtain, mostlydue to bureaucratic inefficiency, and authorities subject thoseplanning to travel or emigrate to intense scrutiny. Citizenswho leave the country without permission are subject toprosecution upon their return.Tanzania has a liberal policy toward refugees and admitted some300,000 refugees from Burundi in late 1993 and nearly 600,000refugees from Rwanda in 1994. While the majority of Burundianrefugees repatriated in early 1994, Tanzania continued to hostat year's end over 600,000 refugees, at considerable cost tothe local environment and people. The United Nations and NGO'sprovide assistance to the refugees. Although Tanzania has madeefforts, with the support of the United Nations HighCommissioner for Refugees (UNHCR), to improve security in therefugee camps, security concerns persist due to the nature ofthe refugee population and inadequate police resources. TheTanzanian police have been unable to ensure the security ofRwandan refugees who wish to return to Rwanda, and crime in thecamps, including rapes and killings of alleged "witches," hasincreased along with the population. Leaders associated withthe former government of Rwanda have threatened or intimidatedrefugees in the camps. An unknown number of Rwandans and atleast three Tanzanians have been killed in the Rwandan refugeecamps located inside Tanzania. Approximately 30 Tanzanianshave been killed in other violence associated with the influxof Rwandan refugees. The Government would like the Rwandanrefugees to return home and has suggested that a safe havenshould be created for them inside Rwanda. However, theGovernment kept its borders open to new refugees and did notengage in any forced repatriation in 1994.In 1994 the Government reversed its policy and grantedpolitical asylum to citizens of Kenya who formerly had beendenied refugee status in Tanzania. Refugees in Dar es Salaamare sometimes threatened with the loss of refugee status andassistance unless they agree to move to refugee camps in ruralareas, although there were no such cases in 1994.</text>
</content>
<name>Tanzania </name>
<script></script>
</card>
card_68742.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TAJIKISTAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Once registered, an organization must apply for a permit fromthe local executive committee in order legally to organize anypublic assembly or demonstration. No permits were issued in1994. In the spring, two work actions, not sanctioned byeither the trade union or the local executive committee,occurred to protest the Government's failure to pay salariesand poor work conditions. The Government's response to theseactions was for the most part conciliatory, and the workerssoon returned to their jobs.The four political parties suspended in 1993--the IRP, theRastokhez National Movement, the Lali Badakhshan Movement forthe Autonomy of the Pamirs, and the Democratic Party--remainedsuspended. Senior government officials stated that newpolitical parties, including ones with the same names as thosewhich were suspended, could be formed provided their chartersdo not conflict with the Constitution and laws of Tajikistan.Opposition members were not inclined to form new politicalparties, lest this be interpreted as an admission of guilt orwrongdoing by their suspended parties. Three new politicalparties were registered in 1994, one of which is associatedwith defeated presidential candidate Abdullajanov. Accordingto the law, a political party must have at least 500 members toregister. c. Freedom of ReligionChurch and state are separate in Tajikistan, and neither thelaw nor the Government place restrictions on religiousworship. However, according to the law on freedom of faith,the Committee on Religions under the Council of Ministersregisters religious communities and monitors the activities ofthe various religious establishments. While the officialreason given is to ensure that they are acting in accordancewith the law, the practical purpose is to ensure that they donot become overtly political. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Government has stipulated that Tajikistan citizens andforeigners alike are prohibited from traveling within a25-kilometer zone along the Republic's borders with both Chinaand Afghanistan without permission from the Ministry of ForeignAffairs. In practice, however, international aid workers anddiplomats travel freely in these regions without priorgovernment authorization.Residents of Dushanbe and those travelers wishing to remainlonger than 3 days no longer need to receive a permit, althoughthey must still register with central authorities. Due to thestate of emergency which was in place until August, allcitizens were obliged to carry their identification cards atall times. There are no legal restrictions on changingresidence or workplace. Current regulations requireregistration at the local Interior Ministry office upon arrivaland departure. Tajikistan nationals who wish to travel abroadmust obtain an exit visa. There is no evidence that these arewithheld for political reasons.Tajikistan does not yet have a law on emigration. Currently,those wishing to migrate within the former Soviet Union notifythe Ministry of the Interior of their departure. Personswishing to emigrate beyond the borders of the former SovietUnion must receive the approval of the relevant country'sembassy in order to obtain their international passport.Persons who settle abroad are required to inform the Tajikistaninterests section of the nearest Russian embassy or consulate.Persons who wish to return to Tajikistan after having emigratedmay do so freely by submitting their applications to theTajikistan interests section of the nearest Russian embassy orconsulate. The Government adjudicates requests on acase-by-case basis. There is no indication that persons, otherthan those who fled Tajikistan for political reasons after thecivil war, are not freely permitted to return.A refugee law passed in June guarantees a person grantedrefugee status the right to work and move freely throughout thecountry. Following implementation of the law, the Governmentcreated a central department for refugees, under the Ministryof Labor, which worked actively with the UNHCR. One unresolvedissue pertains to the right of returnees who married inAfghanistan to bring their spouses with them to Tajikistan.Credible reports claimed that the Government maintained anunofficial policy of denying residence permits to Afghanspouses of returnees, thereby allowing the Government to denyany official status to these persons or their children.Due to better cooperation with the Government and an increasedlevel of security, the UNHCR increased the rate of return amongTajik refugees in Afghanistan in 1994, leaving onlyapproximately 22,000 refugees there and another estimated16,000 internally displaced persons in Gorno Badakhshan.Representatives of the armed opposition in Afghanistancontinued their efforts to dissuade Tajiks from returning,using threats and disinformation in the refugee camps.One of the significant impediments to refugee repatriationremained the occupation of returnees' homes by those loyal tothe victorious special battalions, special battalion members,and ethnic Kulyabis. The Government is working slowly to evictoccupiers. Several factors limited progress on this issue,including lack of will among local officials, fear of revengeby those who protest, and lack of power among officials to actagainst often armed or well-connected occupiers.There is no legal basis for forcible repatriation, nor is thereany evidence to suggest that it was practiced in 1994.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe Government severely limits the right of citizens to changetheir government peacefully and freely. The Government isdominated by a coalition composed of Kulyabi regional politicalinterests. The four main opposition parties remainedsuspended, and the majority of their leaders and partyactivists remained either jailed or in exile abroad, although afew Democratic Party leaders have returned to Tajikistan.Two candidates were nominated in the presidential electionscheduled for September: parliamentary Chairman EmomiliRahmonov and former Prime Minister Abdulmalik Abdullajanov.Both waged strong campaigns throughout Tajikistan. Mostobservers viewed the speed with which the Government called forelections in July as a transparent ploy to exclude theopposition from nominating candidates. Under a combination ofRussian and Uzbek pressure, widely supported by theinternational community, the Government postponed the electionfrom September 25 to November 6 ostensibly to allow greatertime both for the Government to organize fairer procedures andfor the opposition to nominate candidates. The opposition,however, refused to take part in any elections, claiming thatfree and fair elections were impossible under the RahmonovGovernment.Although the Government invited international observers tomonitor the polls and lifted the state of emergency, peopleremained fearful of free expression. The ban on theindependent electronic media remained in force prior to andduring the election. The Government controlled all aspects ofthe planning for the election and openly favored theincumbent. Voter registration lists did not fully take intoaccount the massive dislocation caused by the civil war.Refugees outside Tajikistan were unable or afraid to register,thereby effectively excluding a large number of persons whomight have opposed the government candidate at the polls. Theelection was marked by open intimidation by government securityforces who, in some locations, threatened to kill anyone votingfor Abdullajanov. The stuffing of ballot boxes and thesubstitution of entire boxes was reported at a number ofpolling stations. Vote-count rigging was also stronglysuspected.No parliamentary elections have been held since independence.The Government has scheduled elections for February 1995 whenthe term of the present Parliament expires. The Supreme Sovietadopted a new parliamentary election law in December,incorporating some suggestions by the CSCE. While the new lawwas somewhat better than the presidential election law, manyoutside observers believe the law still allows undue governmentinfluence in the electoral process.There are no barriers to female participation in the electoralprocess, although since the removal of Soviet-era quotas thenumber of female deputies has declined. At year's end, therewere eight female deputies in the Supreme Soviet, a femaledeputy prime minister, and seven women serving in positionswith the rank of minister or deputy minister.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government's record on dealing with international andnongovernmental investigation of alleged human rights abusesranged from poor to mixed. Fear of persecution by governmentor extragovernmental elements has all but precluded efforts byTajikistan citizens to form their own human rightsorganizations. Nonetheless, one indigenous group has begun towork its way through the labyrinthine process of governmentregistration. One official organization, formed at the end of1993 by the head of the Writer's Union, works with theGovernment's blessing and serves primarily as a rubber stampfor government actions.The Government worked closely with the UNHCR on behalf ofrefugees and internally displaced persons and with the UNMOTand the U.N. Secretary General's special representative in thecourse of the inter-Tajik talks. The UNHCR reported that,while there had been no convictions of individuals accused ofcrimes against refugees, the Government's responsiveness wasgreater than in 1993. Those cases which the UNHCR brought tothe attention of local authorities were investigated, albeitwith varying degrees of enthusiasm (see Section 5).In February the CSCE opened an office in Dushanbe, and in Aprila permanent representative of Human Rights Watch/Helsinkiarrived. These organizations and the ICRC reported a mixedlevel of cooperation from the Government. The ICRC has not yetobtained access to all prisoners but has found the militaryresponsive to its program of education on the tenets of theGeneva Convention. The CSCE believed that the Governmentignored many of its suggestions for the new Constitution andthe electoral law. Although it obtained access to the Justiceand Interior Ministries and the procurator's office, HumanRights Watch/Helsinki reported that access did not always leadto government responsiveness.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenThe participation of women in the work force and in institutesof higher learning is one of the more positive legacies of theSoviet era. There is no formal discrimination against women inemployment, education, or housing, and in urban areas women canbe found throughout government, academic institutes, andenterprises. However, in rural areas, women tend to marryyoung, have large families, and only rarely receive universityeducation. Due to the prevalence of large families, women inrural areas are also much less likely to work outside thehome.Conservative Muslim traditions, especially in rural areas,resulted in an unknown number of cases of wife beating goinguninvestigated. There is no evidence that police officials andgovernment organs do not responsibly prosecute those complaintsthat are filed. No official data are available on theprevalence of spousal abuse, nor are there nongovernmentalorganizations that monitor this problem.The threat of rape is widespread, and rape or the threat ofrape is sometimes used as a means of coercion of womendetainees. Women rarely go out alone and almost never atnight. In the countryside, particularly in Khatlon, womenseldom leave the security of their cooperative farm to ventureout unaccompanied. ChildrenThe extensive government social security network for childwelfare continued to deteriorate. Women are provided 3 yearsof maternity leave and monthly subsidies for each child. Allhealth care is free. However, the Government's lack offinancial resources left it unable to fulfill many of itsobligations for the provision of subsidies and care for motherand child health. National/Racial/Ethnic MinoritiesAfter the civil war, over 90,000 people of primarily Garmi andPamiri origin fled to Afghanistan to avoid reprisals byprogovernment forces. The repatriation of Tajiks continuedduring 1994, and the Government encouraged their return. Whilemaking a good faith effort to assist with the repatriation ofrefugees, particularly those from Afghanistan, the Governmentdid not fulfill many of its pledges, including the payment ofreconstruction fees for returning refugee families. However,in general security for returnees was adequate, and the UNHCR,with which the Government cooperated, accelerated the rate ofrepatriation.In southern Tajikistan and in Dushanbe, Kulyabi-origin Tajikscontinued to displace other ethnic groups in local governmentpositions and, most notably, in the security forces. Localprocurators who attempt to investigate militia memberssuspected of the harassment or murder of refugees do not havesufficient qualified staff, resources, or political support.In many cases, fear of reprisals and threats result in thewithdrawal of information and allegations. The UNHCR reported,however, that local officials actively investigated a number ofcases which the UNHCR brought to their attention and madeseveral arrests.With the exception of the trilingual (Tajik/Uzbek/Russian)school structure, neither the Uzbek nor the Russian language isafforded any official status in Tajikistan, despite the largenumbers these ethnic minorities represent. In practice,Russian is still widely used in government, although it is notan official language. Uzbek speakers represent approximately26 percent of the population, and Russian speakers an estimated2 percent. The nonofficial status of the Russian languagecontributed to the steady exodus of Russian speakers fromTajikistan. Those remaining see little future for themselves.While the Government has repeatedly expressed its desire forthe Russian-speaking population to remain, economic conditionsprovide little incentive for them to do so. Russian-languageschools claimed that they were routinely shortchanged in theapportionment of government funds.During May, June, and July, the Government initiated a campaignto disarm the local militias operating outside its control insouthern Tajikistan. Kulyabi security forces, who wereconducting the campaign, engaged in numerous beatings andillegal searches aimed mainly at the Uzbek minority. Humanrights groups protested, charging that the security forces wereemploying inhumane tactics in searching for weapons and that inreality Kulyabi forces were using the campaign to disarm theirethnic rivals, the Uzbeks. Another disarmament campaign waslaunched in December after the presidential election, but itdid not target Uzbeks in particular and relied on voluntarysurrendering of weapons.The Rahmonov Government, like governments before it,discriminated against Afghan nationals by not giving Afghanswho are the victims of criminal elements even minimal policeprotection. Although the Government signed the 1951 Conventionon Refugees and passed a national law on refugees in 1994,international groups, in particular the UNHCR, charged with theprotection of Afghan refugees in Tajikistan, lodged frequentprotests with the Government over its treatment of Afghanrefugees. The UNHCR registered some 600 Afghans as refugees inTajikistan during 1994. An unresolved problem stems from theunofficial government policy of denying official status to theAfghan spouses of returning Tajik refugees (see Section 2.d.). People with DisabilitiesThe Law on Social Protection of Invalids adopted in 1992stipulates the right of the disabled to employment and adequatemedical care. In practice, however, the Government does notrequire employers to provide physical access for the disabled.The absence of basic technology or the financial means toimplement the technology available to assist the disabledresults, in practice, in high unemployment and widespreaddiscrimination. There is no law on accessibility for thedisabled.Section 6 Worker Rights a. The Right of AssociationThe Law on Social Organization and the Law on Trade UnionRights and Guarantees provide all citizens with the right ofassociation. This includes the right to form and joinassociations without prior authorization, to organizeterritorially, to form and join federations and affiliate withinternational organizations freely, and to participate ininternational travel.The Confederation of Trade Unions, a holdover from theCommunist era, remains the dominant labor organization,although it has since shed its subordination to the CommunistParty. The Confederation consists of 20 professional tradeunions and currently claims 1,500,000 members--virtually allnonagricultural workers. The separate Trade Union of PrivateEnterprise Workers has registered 3,241 small and medium-sizedenterprises, totaling 60,000 members, some of whom have dualmembership in the Confederation. The Council of Ministersformally consults both labor unions during the drafting ofsocial welfare and worker rights legislation.The Law on Tariff Agreements and Social Partnerships mandatesthat arbitration take place before a union may legally call astrike. Depending on the scale of the labor disagreement,arbitration can take place at the company, sector, orgovernmental level. In the event that arbitration fails,unions have the right to strike, but both labor unions havepublicly disavowed the utility of strikes in a period ofdeepening economic crisis and high unemployment and espousedcompromise between management and workers.The state of emergency, in place in all regions of Tajikistanexcept Leninabad until August, restricted the right of workersto strike. While there were no official, union-sanctionedstrikes, several wildcat strikes occurred. A combination ofgovernment capitulation and intimidation quickly settled twowalkouts in April. Newspaper workers and journalists and,separately, the teachers in one secondary school refused toenter their workplaces to protest the lack of materials andsalary payments. The Government met quickly with the newspaperworkers, reaching a compromise in which the workers were backat their jobs the next day. Several teachers reported thatInterior Ministry officials had ordered them back to work underthreat of reprisal, although the Ministry also madeconciliatory efforts with the teachers, who soon returned towork.Since the expiration of the state of emergency, teachers againwalked off the job in September, this time in much largernumbers. Teachers in the Frunze district of Dushanbe refusedto continue classes in protest over salaries that had not beenpaid in more than 6 months. The teachers formed a strikecommittee independent of the union, and the Governmentnegotiated with it about a return to work. Also in September,some local residents in the southern town of Nizhni Pyanjrefused to pick cotton until the local bakery provided themwith bread.None of the strikes have had the sanction of the labor unionsand were, hence, illegal. Despite the unsanctioned nature ofthe September strike, the union intervened with the Governmenton behalf of the teachers to prevent any from being fired. TheMinistry of Labor recognized that nonpayment of salaries toworkers was a violation of International Labor Organizationregulations. b. The Right to Organize and Bargain CollectivelyThe right to organize and bargain collectively is codified inthe Law on Trade Union Rights and Guarantees, the Law on SocialPartnerships and Collective Contracts, and the Law on LaborProtection. Participating in collective bargaining at thecompany level are employees, members of the trade union, andmanagement. Negotiations involving an industry sector includeofficials from the relevant ministry and members of the union'ssteering committee for that particular sector. As the economicsituation worsens, it is becoming increasingly difficult forenterprises to engage in effective collective bargaining.The law prohibits antiunion discrimination or the use ofsanctions to dissuade union membership, nor may a worker befired solely for his or her union activity. Any complaints ofdiscrimination against a labor union or labor union activistare first considered by a local labor union committee and, ifnecessary, raised to the level of the Supreme Court andinvestigated by the Ministry of Justice. The law compels anemployer found guilty of firing an employee based on unionactivity to reinstate the employee.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborNeither the Law on Labor Protection nor the Law on Employmentspecifically prohibits forced or compulsory labor. The Sovietpractice of compelling students to pick cotton was officiallybanned in 1989. However, due to the lack of fuel andmechanical harvesting equipment, in the fall students wereagain sent to the fields to pick cotton, as they were in 1993.In parts of Khatlon province, press gangs randomly dragoonedpeople on the streets and sent them to the cotton fields.There were also credible reports that young men of families whohad returned to Khatlon were forced to work on the private farmplots of ethnic Kulyabis. d. Minimum Age for Employment of ChildrenAccording to labor laws, the minimum age for the employment ofchildren is 16, the age at which children may also legallyleave school. With the concurrence of the local trade union,employment may begin at the age of 15. Workers under the ageof 18 by law work no more than 6 hours a day and 36 hours perweek. However, children as young as 7 years of age participatein agricultural work, which is classified as "familyassistance." Trade unions are responsible for reporting anyviolations in the employment of minors. Cases not resolvedbetween the union and the employer may be brought before theProcurator General, who may investigate and charge the leaderof the enterprise with violations of the Labor Code. e. Acceptable Conditions of WorkThe President, on the advice of the Ministry of Labor and inconsultation with trade unions, sets the minimum monthly wage,which in 1994 was approximately $3.20 (8,000 rubles) at therate of exchange in late 1994. This wage falls far short ofproviding a decent standard of living for a worker and family.In January, in response to the continuing economic crisis andthe shortage of banknotes, the Government introduced a maximummonthly salary of $25.60 which could be paid in cash. Theremainder of all workers' salaries are paid on account, meaninga credit that the worker could then theoretically use topurchase goods at any state-run shop.Tajikistan's economy virtually collapsed in 1994, with 60 to70 percent of its industry standing idle by the end of theyear. As factories and enterprises shut down, workers were laidoff or put on compulsory vacation for weeks and months on end.Some establishments, both governmental and private, compensatedtheir employees in kind with food commodities or the output ofthat particular concern for which the employee worked. Theemployee could then sell those products in local privatemarkets.The legal workweek for adults (over age 18) is 40 hours, with aweekly 48-hour rest period. Overtime payment is mandated bylaw, with the first 2 hours of overtime to be paid at one andone-half times the normal rate and the rest of the overtimehours at double time.The Government has established occupational health and safetystandards, but these fall far below accepted internationalnorms, and the Government does not actively enforce them inpractice. The enforcement of work standards is theresponsibility of the State Technical Supervision Committeeunder the Council of Ministers. While new statistics were notavailable, it is virtually certain, given the continuingeconomic decline, that 1993 statistics, which reported thatover one-fifth of the population worked in substandardconditions, greatly underreport the number working insubstandard conditions in 1994. Workers can leave their jobswith 2 months' notice but, given the bleak employmentsituation, few choose to do so.</text>
</content>
<name> </name>
<script></script>
</card>
card_68408.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: TAJIKISTAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 TAJIKISTANThe Government of Supreme Soviet Chairman and Head of StateEmomili Rahmonov, composed of a coalition dominated by Tajiksfrom the Kulyab region who were victorious in the 1992 civilwar, continued in power. Fraud and intimidation marred thepresidential election on November 6; the Government declaredRahmonov the winner with 58 percent of the vote. Also onNovember 6, a new Constitution, a significant improvement overthe Soviet-era document, was overwhelmingly approved in apopular referendum.The opposition coalition of nationalists and Islamic groupsdefeated in the 1992 civil war boycotted the election andcontinued to wage a bloody insurgency along the Tajikistan-Afghanistan border and in the southeastern district ofTavildara. Under United Nations auspices, the Government andthe opposition engaged in several rounds of talks which led toa prisoner exchange, a provisional cease-fire, andestablishment of joint commissions to monitor refugee issuesand the cease-fire and a United Nations Mission of Observers toTajikistan (UNMOT). The cease-fire began on October 20 andremained in effect through the end of the year, althoughseveral alleged violations were reported by both sides.Internal security is the responsibility of the Ministries ofthe Interior, Security, and Defense. The Russian Army's 201stMotorized Rifle Division, part of a Commonwealth of IndependentStates (CIS) peacekeeping force established in 1993, remainedin the country. This unit and the Border Guards, composed offorces from Tajikistan and several CIS members but dominated byRussian border forces, were responsible for guardingTajikistan's border with Afghanistan. Significant regions ofthe country, however, remained effectively outside theGovernment's control in 1994. Opposition military units,supported by an increasing number of Afghan and Arab Islamicmercenaries, used parts of the Gorno Badakhshan AutonomousRegion for training and as a base for launching their Septemberoffensive against the Tavildara district. The Septemberfighting was the fiercest since the formal end of the civil warin 1992 and produced a large number of refugees.The economy, which is centrally planned and highly dependent oncotton, virtually collapsed, with up to 70 percent of industrystanding idle by year's end. Despite a series of loans fromRussia, the Government fell months behind in paying salariesand pensions. There were critical shortages of fuel forheating, transport, and industry. Uzbekistan periodicallysuspended natural gas sales to Tajikistan for nonpayment ofbills. Shortages of wheat and flour led to social unrest inDushanbe, the capital, and other cities in October and November.Both Government and government-related forces committedwidespread human rights abuses, including scores of brutalpolitical assassinations and the torture and beating ofdetainees and prisoners. Progovernment forces allegedly killedseveral mullahs with ties to the Islamic Revival Party (IRP).There were credible reports that progovernment militia forces,notably the loosely controlled "Faisali Brigade," terrorizednoncombatants in Tavildara district, beating, raping, andkilling civilians and looting their homes. The Governmentprosecuted no one for political or extrajudicial killings in1994, and the Procurator General's office closed all cases inwhich alleged murderers were from the same region as the rulingKulyabis. Opposition forces reportedly murdered severalRussian army officers and attacked buses carrying dependents ofRussian military personnel. Both sides executed prisoners.The Government severely restricts freedom of speech and pressfreedom and completely controls the electronic media. Nogenuine opposition media appeared during the year. Three newpolitical parties were allowed to register in 1994; fouropposition parties affiliated with the armed oppositionremained suspended. The Government allowed Human RightsWatch/Helsinki and the Conference on Security and Cooperationin Europe (CSCE) to open offices in Dushanbe.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Extrajudicial KillingThere were a substantial number of extrajudicial killings, butfewer than in 1993. Newspaper reports and internationalagencies put the number at between 80 and 100. The primaryculprits are the paramilitary groups which were not disarmed ordisbanded after the war. While the Government has attempted toincorporate these groups into the recently created Ministry ofDefense, many groups operated well outside government controlas informal militias and private armies. According to crediblereports, these groups operated with the tacit approval of somehigh-ranking officials within the Government, including theMinister of the Interior and officials at the Ministries ofDefense and Security. No government or security official, themajority of whom are ethnic Kulyabis, was prosecuted for anextrajudicial killing. If the alleged perpetrator of a crimewas of Kulyabi origin, the procurator's office dropped allcharges and closed the cases.The Faisali Brigade, a militia group consolidated within theMinistry of Defense after the war, killed civilians in theTavildara district during the height of fighting betweengovernment and opposition forces. The death toll eventuallyreached several score. The Government withdrew the Brigade inSeptember (see Section 1.g.).Conflict between political rivals and factions within theruling coalition is believed responsible for numerous killingsof prominent businessmen and political figures. In February adeputy chairman of the Council of Ministers, M. Nazershoev, aPamiri, was murdered near his home ostensibly for supportingnegotiations with the opposition. He was to have been a memberof the delegation to the first round of talks. In Aprilunknown assailants, possibly representing hardline governmentelements, riddled the home of the Foreign Minister withautomatic weapons fire in an unsuccessful attempt on his life.In several instances, paramilitary leaders escaped even thenominal control of the Government and became warlords,maintaining private armies and battling over territory andeconomic riches. At the urging of the international community,the Government successfully disarmed one warlord in Hissar whohad been terrorizing local residents, stealing, beating, andkilling those who protested. In the two districts of GornoBadakhshan controlled by the opposition, warlords also operatedindependently. One warlord hijacked convoys of humanitarianaid provided by international nongovernmental organizations,killing several drivers. Others fought among themselves orwith Russian border guards in defiance of orders from theopposition's external political leadership.In late May and early June, a series of assassinations ofethnic Russian military officers in Dushanbe left six officersdead. Many within the Government claim that opposition forces,using terror tactics, were responsible for at least somedeaths. In June opposition elements fired a rocket launcher ata bus carrying the wives and children of Russian border guards,killing one pedestrian. In October they launched a rocket-propelled grenade into a Russian military bus, killing oneofficer and wounding several others. Also in October, DeputyPrime Minister Munavvarsho Nazriyev was killed in his homedistrict of Garm when his car ran over a land mine, probablyplaced by an opposition group.In September, according to some credible reports, members ofthe Faisali Brigade tortured and killed Mullah Eshon SaidAshraf Shah Abdullohadov in Kurgan Tyube prison. MullahAshraf, in prison for allegedly supporting those seeking tooverthrow the Government, was on the opposition's list of 52prisoners whom the Government had agreed to release under theSeptember 17 prisoner exchange agreement. The ProcuratorGeneral's office said that the sexagenarian Mullah Ashraf haddied in prison on September 21 as a result of a heart attack.However, his body was never given to the family for burial, norwas an impartial autopsy allowed.Another prisoner on the opposition list scheduled for exchange,Mullah Ajik Aliev, was executed in prison, allegedly onSeptember 15. There is strong suspicion, however, that he waskilled after the September 17 signing of the cease-fire andprisoner exchange agreement. Aliev, former IRP chairman in theKhatlon district, had been sentenced to death on August 25,1993, for terrorism, treason, and conspiring to overthrow theGovernment.Progovernment forces are credibly believed to be responsiblefor the murders in February of Mullah Imkomuddin and MullahAbdul Rahim. Both were active in the IRP, and Imkomuddin, whohad returned to Dushanbe after hiding in Komsomolobad, died ofwounds sustained during a severe beating. b. DisappearanceThe disappearance of Garmi- and Pamiri-origin men continued,although at a lower rate than in 1993. The number of returnedrefugees who disappeared greatly decreased. In many cases,those thought to have disappeared had in fact been conscriptedas part of a government policy actively pursued in August andSeptember in response to increased fighting both on theTajikistan-Afghanistan border and in the Tavildara district.Young men were rounded up on the streets and in night raids ontheir homes. Several Dushanbe newspapers estimated that atleast 60 men and women had disappeared, aside from anyconscripted, in the first half of 1994.The Government has been unwilling to investigate claims ofdisappearances seriously, asserting that the ProcuratorGeneral's office does not have sufficient resources for thepurpose.In December 1993, unknown assailants abducted Tagobek Shukurov,a sitting judge and Supreme Soviet member from Kolkhozobod, whohad been a member of the People's Front during the war and hadsupported the return of Tajik refugees from Afghanistan. Heremained missing throughout the year and is now presumed dead.The 1993 disappearance of Dr. Ayniddin Sadykov, a noted surgeonand chairman of the Dushanbe branch of the Democratic Party,remained unsolved throughout 1994. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentSecurity officials, particularly those in the Ministry of theInterior, regularly beat detainees in custody. Security forceswere responsible for the widespread use of systematic beatingsand, in some instances, the torture of prisoners anddetainees. Human rights groups reported that, in some cases,mistreatment increased if victims made formal allegations ofabuse.Female detainees were frequently subject to rape or the threatof rape. For example, one woman, detained for the allegeddistribution of antigovernment leaflets, was beaten while incustody and eventually forced to confess on threat of beingraped in front of her young daughter. Credible sourcesreported that the members of the Faisali Brigade raped women invillages under its control during the Tavildara campaign, inone instance beating, raping, and then burning one woman todeath.Prison conditions in Tajikistan declined markedly, primarilydue to a shortage of government resources. Food, neverplentiful, became even more scarce, leading to an increase inmalnutrition and disease among prisoners. Visitors to oneprison found officials well-intentioned but hopelesslyill-equipped to care for the prisoners. A followup visit tothe same prison found conditions improved, due to an amnestywhich relieved overcrowding and medicines donated byinternational relief groups. d. Arbitrary Arrest, Detention, or ExileThe Criminal Code has not been significantly amended sinceindependence, and it therefore retains many of the defectsinherited from Soviet times. The system allows for lengthypretrial detention and provides few checks on the power ofprocurators and police to arrest persons. The Governmentcontinued to arrest political opponents arbitrarily and iswidely known to hold prisoners in incommunicado detention.Public order, which broke down during the civil war, has yet tobe fully restored, and the virtual immunity from prosecution ofarmed militia groups has further eroded the integrity of thelegal system.Legally, police may detain persons arbitrarily and without awarrant for a period of 72 hours, and the procurator's officemay do so for a period of 10 days after which the accused mustbe officially charged. At that point, the Criminal Codepermits pretrial detention for up to 15 months. The first 3months of detention is at the discretion of the localprocurator, the second 3 months must be approved at theregional level, and the Procurator General must sanction theremaining time in detention. The Criminal Code maintains thatall investigations must be completed 1 month before the15-month maximum in order to allow the defense time to examinegovernment evidence. There is no requirement for judicialapproval or for a preliminary judicial hearing on the charge ordetention. In criminal cases, detainees may be released andrestricted to their place of residence pending trial.Allegations abounded of illegal government detention, wellbeyond the maximum allowed by law. In one well-known example,security forces arrested four journalists in January 1993--Mirbobo Mirakhimov, Khurshed Nazarov, Khayriddin Kasymov, andAkhmadsho Komilov--and held them for 18 months before theirtrial began in May 1994. The trial was never completed as thefour were among those released in the November 12 prisonerexchange; the charges against them were presumably dropped.Once a case is entered for trial, the law states that it mustbe brought before a judge within 28 days. However, it iscommon for cases to languish for many months before the trialbegins. For example, the ongoing case of Oynihol Bobonazarova,placed under house arrest in 1993 pending resolution of thecontinuing investigation of alleged antigovernment activitiesduring 1992, has not yet been concluded.The Government routinely uses arbitrary detention against thoseexpressing views contrary to official policy. Security forcesroutinely rounded up members of opposition political partiesfor questioning. In most cases, they do not obtain arrestwarrants and do not bring charges. In August security forces,allegedly looking for opposition sympathizers, cordoned offstreets and conducted house-to-house searches in the Yuzhni andAvoul districts of Dushanbe, detaining eight young men (seealso Section 1.f.). One remains in government custody, chargedwith possession of two hand grenades allegedly found during awarrantless search; six were released; and the last, DashtovIsmanbek, died in detention. Security forces alleged that hedied while trying to escape by jumping out of a third-storywindow. Those released claimed they were mistreated and beatenduring their detention.In August security forces detained two journalists, MakhsoudHuseinov and Muhammad Rahim Saidar, for allegedly distributingthe pro-opposition newspaper Charoghi Ruz. Huseinov and Saidarwere informed that distribution of Charoghi Ruz was illegal,although the Government had never officially banned it. Whilein detention, Huseinov was reportedly beaten. Neither man wasever charged with a crime, and both were released after severaldays (see Section 2.a.).Opposition sources maintain that security forces detainedhundreds of persons unlawfully without charge. As Tajikistanlaw precludes visits to persons in pretrial detention, it isvirtually impossible for any independent organization toestimate the number of persons detained.The International Committee of the Red Cross (ICRC) has notbeen allowed access to all prisoners falling within its mandateaccording to its standard criteria since the authoritiesclaimed, on legal grounds, that they could not guarantee accessto all nonconvicted prisoners. Nevertheless, the ICRC wasable, in a specific context, to register and hold private talkswith 23 detainees held by the Government and 27 detainees heldby the opposition who were about to be liberated simultaneouslyin the framework of an agreement achieved under the auspices ofthe United Nations.The Government proclaimed two amnesties which generally had alimited scope and did not affect those detained for politicalcrimes. Article 19 of the new Constitution states that no onecan be exiled without a legal basis; no laws have been passedso far setting out any legal basis for exile. Forced exile isnot known to be used. e. Denial of Fair Public TrialThe court system remains unmodified from the Soviet period.There are several tiers of courts: city, district, regional,and republic levels, with a separate but parallel militarytribunal. Higher courts serve as appellate courts for lowerones. Local, regional, and republic-level judges are, for themost part, poorly trained and lack an understanding ofindependent judicial function. Judicial officials at alllevels of the court system are under constant heavy influencefrom both the political leadership and, in many instances,armed paramilitary groups. The new Constitution establishesadditional courts, including a Constitutional Court, and statesthat judges are independent and subordinate only to theConstitution and the law; it prohibits interference in theiractivities. Provisions of the new Constitution concerning thejudicial system had not yet been implemented at the end of 1994.According to the law, trials are public, except in certaincases involving national security or the protection of minors.The court will appoint an attorney for those who do not haveone. A defendant may choose his or her own attorney but maynot necessarily choose among court-appointed defenders.Arrested persons are often denied prompt, and in some casesany, access to an attorney.The procurator's office is responsible for conducting allinvestigations of alleged criminal conduct. In theory, bothdefendant and counsel have the right to review all governmentevidence, to confront witnesses, and to present evidence andtestimony. No groups are barred from testifying, and alltestimony is theoretically given equal weight, regardless ofethnicity or gender. Ministry of Justice officials maintainthat defendants benefit from the presumption of innocence,despite the unmodified Soviet legal statute which presumes theguilt of all brought to trial.The pressure exerted on the judicial system by armedparamilitary groups and vigilantes who operate outside ofgovernment control often leads to the dismissal of charges andthe dropping of cases. A judge in Kurgan Tyube, Pamiri byorigin, was forced to flee with his family for attempting totry the case of an armed band accused of beatings, murder, androbbery. The Procurator General's order closed the case. TheDeputy Procurator General closed another case when it turnedout that the defendant, a member of a group accused of robberyand the murders of 18 people, had fought for the Governmentduring the civil war. While crimes allegedly committed byprogovernment groups go uninvestigated or unprosecuted, evenminor infractions by those whom the Government views as inopposition are vigorously prosecuted.Estimates of the number of political prisoners vary widely.The armed opposition submitted a list of 29 political prisonersat the Tehran round of the U.N.-sponsored inter-Tajik peacetalks in June. It later expanded its list to 52 at a Septembersession of talks in which both sides agreed to an exchange ofprisoners for prisoners of war (POW's). In accord with a lateragreement reached on November 1, the Government exchanged 27political prisoners for 27 POW's captured by the armedopposition. According to an international human rightsorganization, scores of political prisoners remain ingovernment custody. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceArticles 22 and 23 of the new Constitution and the CriminalCode provide for the inviolability of the home and prohibitinterference with correspondence, telephone conversations, andpostal and communication rights, except "in cases prescribed bylaw." Police may not enter and search a private home withoutthe approval of the procurator. In some cases, police mayenter and search a home without permission, but they must theninform the procurator within 24 hours. Police are permitted toenter and search homes without permission if they havecompelling reason to believe a delay in obtaining a warrantwould impair national security. There is no judicial review ofpolice searches conducted without a warrant. In September thepenalties for the violation of the privacy of correspondencewere increased to several years in prison. Also in September,the Supreme Soviet raised the maximum sentence for invasion ofprivacy of the home from between 2 and 5 years to between 5 and8 years in prison.Numerous examples of arbitrary illegal search and seizure bygovernment forces included the August raid by Interior Ministryforces against a predominantly Garmi and Pamiri neighborhood inthe Yuzhni district of Dushanbe. Security forces presented nowarrants as they rounded up young men, apparently at random,and took them away. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsThe lower level of conflict in Tajikistan during 1994 provideda commensurate lowering of the level of allegations ofexcessive force. However, the August-September campaign inTavildara saw many excesses committed by both sides in theabuse of civilian populations and the confiscation ofhumanitarian aid. Neither government forces nor the oppositionhave complete control over all elements ostensibly loyal tothem. Government forces, most notably the Faisali Brigade,swept the countryside in Vanch and upper Garm, according to onewitness, "like an army of occupation," looting, confiscatingcrops, and beating and killing inhabitants allegedlysympathetic to the opposition forces then active in the area.On the other hand, government forces (other than the FaisaliBrigade) who operated further to the west maintained gooddiscipline, leaving the homes and property of evacuees largelyuntouched. Casualties among civilians were lower in 1994 asthe Government made efforts to evacuate civilians in areas ofits operations.Hostilities in the Garm/Tavildara districts closed the onlyroad through the area several times, blocking convoys ofhumanitarian aid and the return of refugees and internallydisplaced persons. Forces loyal to the opposition continuedindiscriminate raids on convoys of humanitarian aid destinedfor refugees and internally displaced persons in GornoBadakhshan. A notorious opposition leader named Jumah raidedconvoys of food and medicine belonging to the Aga KhanFoundation, World Food Program, Medicins sans Frontieres, andthe United Nations High Commissioner for Refugees (UNHCR) inSeptember and October.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressDespite Article 30 of the new Constitution and the 1991 lawprotecting freedom of speech and press, the Government severelyrestricts freedom of expression in practice. Journalists,broadcasters, and individual citizens who disagree withgovernment policies cannot speak freely or critically. TheGovernment exercises complete control over the media bothovertly through legislation and less obviously through thedismissal of journalists and broadcasters for their politicalor ethical convictions and the closing of independentjournals. The Government also controls the printing pressesand the supply of newsprint and broadcasting facilities, andsubsidizes virtually all publications and productions. Editorsfearful of reprisals by armed elements loyal to the Governmentexercise careful self-censorship.Journalists remained prime targets for violence by both theGovernment and opposition. Progovernment forces are believedto be responsible for the death of Haydarsho Khushvakt, thestrongly progovernment editor at the newspaper Jumhuriyat.Although strongly progovernment himself, Khushvakt had written,but not yet published, a series of articles on thepolitical-criminal mafia in Dushanbe which upset otherprogovernment elements. Opposition forces were probablyresponsible for the murder in August of Davlatali Rakhmonov,director of programming at the State Television and RadioCommittee and a strongly partisan Kulyabi. In November theeditor in chief of the Uzbek-language weekly Haq Suz wasmurdered at the entrance to his apartment building, probably inconnection with an internal Uzbek community dispute. In yetanother instance, a grenade was thrown into the home of theeditor in chief of the Uzbek-language Communist Party paper,wounding several members of his family. The Governmentinformed the Committee for the Protection of Journalists inSeptember that investigations had been opened into all of thedeaths of journalists during 1992-94.The Ministry of Security detained two journalists, MakhsoudHuseinov of Sadoi Mardum and Muhammad Rahim Saidar, accusingthem of distributing the pro-opposition newspaper Charoghi Ruzin August. It also questioned several other allegeddistributors in connection with their activities relating toCharoghi Ruz, which the Government has never officiallybanned. Huseinov and Saidar, against whom formal charges werenever brought, claimed that they were beaten while in custodyin an effort to extract information from them.In September the regional executive committee in the northerncity of Leninabad closed the independent newspaper Ittihod forallegedly printing several articles critical of theGovernment. The Government did not issue a formal ban butsimply cut off all supplies of newsprint. Many journalists whodispleased the Government were fired. Lack of pay forced thosewho could to find work elsewhere. The economic situationallowed the Government to hold the newspapers hostage. TheGovernment used the press freely as a vehicle to propagandizeon its own behalf and discredit its opponents. For example, atwo-page article lambasting former Prime Minister AbdulmalikAbdullajanov for alleged corruption was printed at the behestof anti-Leninabad elements within the Government.In direct contradiction to the 1991 law, the Supreme Sovietpassed a decree in February suspending the activity of allindependent electronic media until it adopted a new law on themedia. The ban was ostensibly due to the unregulated amountsof violence and pornography being shown on independenttelevision, but the effect was to muzzle the independent mediaduring a time of political change in the country. All but 2 ofthe 10 to 15 independent television stations, most of which aresponsored either by large enterprises or local executivecommittees, adhered to the ban and remained off the air formost of 1994. This precluded virtually any independenttelevision coverage of the inter-Tajik negotiations, themilitary situation, or the election campaign.Academic expression is limited to a certain extent by fear ofviolent reprisals, but much more so by the complete reliance ofscientific institutes upon government funding. Threeprofessors from Tajik State University remain either in hidingor under arrest, although one, Oynihol Bobonazarova, formerdean of the law faculty, has been allowed to teach classes. b. Freedom of Peaceful Assembly and AssociationArticle 29 of the new Constitution provides for freedom ofpeaceful assembly. However, the Government suspended thatright by the imposition of a state of emergency in alldistricts of Tajikistan except for Leninabad province. Thus,all public demonstrations and gatherings were banned until thestate of emergency lapsed in August 1994.Freedom of association is further circumscribed by therequirement, in the law on nongovernmental associations, thatall organizations must first register with the Ministry ofJustice. This process is often slowed by the cumbersomenecessity to submit all documents in both Russian and Tajik.The Ministry of Justice's verification of the text inevitablydelays the final granting of registration. In practice, theauthorities exercise strict control over organizations andactivities of a political nature, while free assembly andassociation are permitted for nonpolitical associations,including trade unions.</text>
</content>
<name>Tajikistan </name>
<script></script>
</card>
card_68168.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SYRIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationAlthough the Constitution provides for this right, workers arenot free to establish unions independently of the Government'sbureaucractic structure. All unions must belong to the GeneralFederation of Trade Unions (GFTU) which is dominated by theBa'th Party and is actually a part of the State's bureaucraticstructure. The Government would not permit the establishmentof an alternative trade union federation.The GFTU is an information transmission belt between politicaldecisionmakers and the workers. The GFTU leadership transmitsinstructions downward to the unions and workers but alsoconveys information to decisionmakers about worker conditionsand needs. The GFTU provides the Government with opinions onlegislation, organizes workers, and formulates rules forvarious unions. The GFTU president is a senior member of theBa'th Party. He and his deputy attend Cabinet meetings oneconomic affairs. The GFTU controls nearly all aspects ofunion activity. At the end of 1994, legislation was pendingbefore Parliament that would grant individual unions moreauthority to adopt their own bylaws.There were no reported strikes. Although strikes are notlegally prohibited, workers are inhibited from striking becauseof previous government repression. In 1980 the security forcesarrested many union and professional association officials whoplanned a national strike. Many of those arrested remain indetention without charge or are being tried in the StateSecurity Court.The GFTU is affiliated with the International Confederation ofArab Trade Unions.In 1992 the U.S. Government suspended Syria's eligibility fortariff preferences under the U.S. Generalized System ofPreferences because the Government failed to take steps toafford internationally recognized worker rights to Syrianworkers. b. The Right to Organize and Bargain CollectivelyThis right does not exist in any meaningful sense. Governmentrepresentatives are part of the bargaining process in thepublic sector. In state-owned companies, union representativesnegotiate hours, wages, and conditions of employment withrepresentatives of the employers and the supervising ministry.Workers serve on the boards of directors of public enterprises.The law provides for collective bargaining in the privatesector, but any such agreement between labor and managementmust be ratified by the Minister of Labor and Social Affairs,who effectively has the power of veto. The Committee ofExperts of the International Labor Organization (ILO) has longnoted the Government's continuing resistance to abolish theMinister's power over collective contracts.Unions have the right to litigate disputes over work contractsand other workers' interests with employers and may ask forbinding arbitration. In practice, labor officials andmanagement settle most disputes without resort to legalremedies or arbitration. Management has the right to requestarbitration, but this is seldom exercised. Arbitration usuallyoccurs when a worker initiates a dispute over wages orseverance pay.Since the unions are absorbed into the Government'sbureaucratic structure, they are protected by law fromantiunion discrimination. There were no reports of antiuniondiscrimination.There are no unions in the seven free trade zones. Firms inthe zones are exempt from the laws and regulations governinghiring and firing, although they must observe some provisionson health and safety, hours, and sick and annual leave. c. Prohibition of Forced or Compulsory LaborThere is no law prohibiting forced or compulsory labor. Therewere no reports of forced or compulsory labor involvingchildren or foreign or domestic workers. Forced labor may beimposed as a punishment for some convicts. d. Minimum Age for Employment of ChildrenThe minimum age for employment is 14 in the public sector and12 in the private sector. In all cases, parental permission isrequired for children under age 16. The law prohibits childrenfrom working at night. The Ministry of Labor and SocialAffairs is responsible for enforcing the minimum agerequirements but does not have enough labor investigators.Nonetheless, child labor is common. The Ministry is not ableto monitor compliance with the child labor laws in rural areasor in small family businesses which employ young children. e. Acceptable Conditions of WorkThe Minister Labor of and Social Affairs is responsible forenforcing minimum wage levels in the public and privatesectors. Following reductions in subsidies for foodstuffs, theGovernment in April raised the minimum wage to $50 a month inthe public sector and $44 a month in private sector. Acommittee of labor, management, and government representativessubmits recommended changes in the minimum wage to theMinister. The minimum wage does not provide for an adequatestandard of living for a worker and his family. As a result,many workers take additional jobs or are supported by theirextended families.The statutory workweek is 6 days of 6 hours each, but in somecases a 9-hour workday is permitted. The laws mandate a 24-hourrest day per week.Rules and regulations severely limit the ability of an employerto dismiss employees without due cause. Dismissed employeeshave the right to appeal before a committee of representativesfrom the union, management, the Ministry of Labor and SocialAffairs, and the appropriate municipality. Such committeesusually find in favor of the employee.The law does not protect temporary workers who are not subjectto regulations on minimum wages. Small private firms andbusinesses employ such workers to avoid the costs associatedwith hiring permanent employees.The law mandates safety standards in all sectors, and managersare expected to implement them fully. In practice, there islittle enforcement without worker complaints, which occurinfrequently despite Government efforts to post notices onsafety rights and regulations. Large companies, such as oilfield contractors, also employ safety engineers.The ILO has noted that a provision in the Labor Code allowingemployers to keep workers at the workplace for as many as 11hours a day might lead to abuse. However, there have been noreports of such abuses.Officials from the Ministries of Health and Labor inspect worksites for compliance with health and safety standards. Suchinspections appear to be haphazard, apart from those conductedin hotels and other facilities which cater to foreigners.Workers may lodge complaints about health and safety conditionswith special committees established to adjudicate such cases.</text>
</content>
<name> </name>
<script></script>
</card>
card_67989.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SYRIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SYRIADespite the existence of some institutions of democraticgovernment, Syria's political system places virtually absoluteauthority in the hands of President Hafiz Al-Asad and arelatively small circle of security advisers. Key decisionsregarding foreign policy, national security, and the economyare made by President Asad with counsel from his ministers andprincipal advisers. Although the Parliament is elected every 4years, the Ba'th Party is guaranteed a majority. TheParliament generally does not initiate laws but only passesjudgment on those proposed by the executive branch. All threebranches of government are guided by the views of the Ba'thParty, whose primacy in state institutions is mandated by theConstitution.Syria has been under a state of emergency almost continuouslysince 1963. The Government justifies martial law because ofthe state of war with Israel and alleged threats from terroristgroups (Islamic fundamentalists, Iraqi, and others.) It usesits vast powers so effectively that there have been fewantiregime manifestations. Although the Constitution providesfor the protection of fundamental rights, the state ofemergency allows the security services to override these rightsin their treatment of suspects, detainees, and prisoners. Thebranches of the security services operate independently of eachother and outside the legal system. They continue to beresponsible for severe human rights violations.The economy is based on commerce, agriculture, and some oilproduction. It is dominated by an inefficient public sectorand hobbled by a complex bureaucracy and endemic corruption.The regime has sought to promote the private sector throughlegislated incentives and deregulation. Real economic growthis about 4 percent, annual per capita Gross Domestic Product isabout $900, and inflation about 16 percent a year.Despite some improvements, the Government continues to restrictor deny fundamental rights. Serious abuses include thewidespread use of torture; arbitrary arrest and prolongeddetention without trial; continued imprisonment after prisonershave served their sentences; unfair trials in state securitycases; the denial of the freedoms of speech, press, andassociation; abuses committed under the state of emergency, andsuppression of workers' rights. Discrimination and violenceagainst women also exists, but not as a result of governmentpolicy. Because the Ba'th Party dominates the political systemand the public sector, the people do not have the right tochange the Government.There were some positive developments: the Governmentcompleted issuance of travel permits to all Jews wishing them;exhibited somewhat greater responsiveness to internationalinquiries regarding political prisoners and detainees; andimprisoned some police officials who physically abusedprisoners or employed excessive force against suspects.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and other Extrajudicial KillingThere were no reports of political killings, although suchkillings have taken place in the past. There were reports oftwo deaths of persons in police custody in 1994. In Aprilpolice beat Abd al-Hadi al-Mulhim to death at a police stationduring interrogation. The policemen who allegedly participatedin the beating were arrested, then released by an investigatingjudge, and later rearrested by order of an Appeals Court. Alsoin April, a 33-year-old Lebanese citizen, Dani Mansurati,reportedly died in custody at the headquarters of the Air ForceIntelligence in Damascus. Mansurati was reportedly arrested inMay 1992 and detained by Air Force Intelligence officers. b. DisappearanceThere were no reports of disappearances. There was littleinformation on the welfare and whereabouts of hundreds ofpersons who have been held incommunicado for years (see Sectionl.d.). c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentDespite the existence of constitutional prohibitions and severePenal Code penalties for abusers, the police and securityforces continue to use torture systematically. The authoritieshave used torture in both criminal and national securitycases. Released detainees and prisoners have reported thattorture methods include the application of electric shocks onsensitive parts of the body; beatings, sometimes while thevictim is suspended from the ceiling; and the use of a devicethat bends backwards to asphyxiate the victim and, in somecases, to fracture the spine. The Government generally doesnot respond to allegations of torture and seldom punishesoffending officials.For the first time in memory, the Government prosecutedsecurity officers for abuse. It convicted more than 40officers for physically abusing or using excessive forceagainst detainees--including abuse that caused an undeterminednumber of deaths. The victims in all these cases weresuspected criminal felons. However, there were no known casesin which the Government investigated or prosecuted securityofficials for abusing detainees arrested for political ornational security offenses. This failure has created a climateof impunity which encourages the continuation of the abuse.Prison conditions are poor. Prisons are old and overcrowded,and health services and sanitation facilities inadequate.Conditions for most national security prisoners are markedlyworse than those for common criminals. d. Arbitrary Arrest, Detention, or ExileAlthough the Penal Code provides for safeguards againstarbitrary arrest and detention, the Emergency Law, whichauthorizes the Government to conduct "preventive" arrests,overrides these provisions. Under the Emergency Law, arrestsare generally carried out in secret, and suspects are detainedincommunicado for prolonged periods without charge or trial andare denied the right to a judicial determination for thepretrial detention. The Emergency Law also authorizes theGovernment to arrest persons for economic crimes.Detainees have no legal redress for false arrest. Securityforces usually do not provide detainees' families withinformation on their welfare or location of detention.Consequently, many disappeared persons are believed to be inlong-term incommunicado detention. The authorities oftenrelease detainees without charge or explanation.Since 1991 the Government has continued to release prisoners,many of whom were detainees held without charge. The exactnumber is not known because the Government does not make apublic accounting of persons granted amnesty or otherwisereleased. The Government may have released as many as 300detainees in 1994.However, persons still in prolonged detention include membersof the Ba'th Party, the Iraq Ba'th Party, the Party forCommunist Action, the Syrian Communist Party, the ArabSocialist Union Party, the Nasserist Democratic PopularOrganization, various Kurdish groups, and the MuslimBrotherhood. Scores of doctors, health professionals, andengineers have been detained without trial since a mass arrestin 1980, and hundreds of Palestinians and Lebanese citizensarrested in Lebanon and in Syria were detained without charge,although most were subsequently released.The Government has exiled citizens in the past but there wereno known instances in 1994. The practice is not as extensiveas it once was. e. Denial of Fair Public TrialThe judicial system is composed of the civil and criminalcourts; the religious courts, which adjudicate matters ofpersonal status such as divorce and inheritance; militarycourts; and the State Security Court, which tries casesinvolving national security charges, and the Economic SecurityCourt. Civil and criminal courts are organized under theMinistry of Justice.Defendants in civil and criminal courts are entitled to thelegal representation of their choice; the courts appointlawyers for indigents; defendants are allowed to presentevidence and confront their accusers; and trials are public,except for those involving juveniles or sex offenses. Althoughdefendants have the right to appeal, their appeal efforts arehampered because the courts do not provide verbatim transcriptsof cases--only summaries prepared by the presiding judges.There are no juries: verdicts are rendered by the trial judge.A public prosecutor may order suspected felons held inprearraignment detention. At the arraignment, the judge maydismiss the charges or refer the case to a criminal court.There is a system of bail.In noncontroversial cases, courts are normally free ofgovernmental coercion, although high-ranking officials mayexert influence at times. However, a government minister wasapparently removed from his position for interfering in a case.The High Constitutional Court is empowered to rule only on theconstitutionality of laws and decrees. It does not hearappeals from the civil or criminal courts. However, criminaland civil cases may be appealed, first, to a provincial appealscourt and, ultimately, to the Court of Cassation.The criminal justice system is backlogged: many criminalsuspects are held in pretrial detention for months. Thebribery of judges has become more prevalent in recent years.The Economic Security Court tries persons prosecuted forviolating the foreign exchange laws as well as for otherfinancial crimes. Defendants in such trials are not accordeddue process. The trials are widely believed to be subject toexecutive branch interference. Some lawyers have refused todefend clients in the Economic Security Court because theypurportedly believe the verdicts have been predetermined.Defendants in the State Security Court are not granted dueprocess. Most trials are closed; the judges appoint thedefense lawyers who are not permitted sufficient opportunity toconsult with their clients or examine witnesses; the courts donot order medical examinations in cases of alleged torture;court proceedings and sentences are not made public; anddefendants do not have the right to appeal. All sentences arereviewed by the Minister of Interior in his capacity ofMilitary Governor, who may ratify, nullify, or changesentences; however, the President may also intervene in thereview process. Although the State Security Court hasacquitted some defendants, the outcomes of most trials aredetermined by top political leaders.The Government tried hundreds of persons in State SecurityCourts in 1994, many of whom were imprisoned for more than 10years. Most of the charges related to membership in bannedpolitical groups. Between 1992 and 1994, the State SecurityCourt tried more than 275 defendants, sentencing 200 andacquitting 75. The Government reportedly has failed to releasefrom detention some of those who were acquitted.The Government denies that it detains political prisoners.However, it has tried, convicted, and imprisoned many peoplefor attempting to exercise such fundamental rights as thefreedom of speech and association. The Government maintainsthat these people either engaged in subversive activities orwere members of subversive organizations. Such prisoners wereconvicted in trials that fall far short of internationallyaccepted standards of due process. According to a Westernpress report, the Government in January 1995 released threeformer Baath Party officials--Fawzi Rida, Muhammed Id Ashawi,and Abd Al-Hamid Miqdad. The three had reportedly beendetained without charge or trial for nearly 25 years. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceAlthough laws provide for the freedom from arbitraryinterference, the Emergency Law authorizes the police to enterhomes or conduct searches without warrants in national securitycases.The authorities arbitrarily set up security checkpoints onstreets and roads. At these sites, security officials searchpersons and vehicles without warrants, looking for weapons,drugs, subversive literature, and smuggled goods.The security services selectively monitor telephoneconversations and facsimile transmissions and interfere withthe mail. In some cases, censors have prevented the deliveryto private citizens of foreign human rights publications.Section 2 Respect for Civil Liberties, including: a. Freedom of Speech and PressThe Constitution provides citizens with the right to expresstheir opionions freely in speech and in writing. However, theGovernment restricts this right significantly. It permits nospoken or printed criticism of the President or the legitimacyof the regime and strictly controls the dissemination ofinformation. Persons violating these restrictions are subjectto arrest. The Government has imprisoned several journalistsfor years for failing to observe press restrictions.The Ministry of Information and the Ministry of Culture andNational Guidance censor the domestic and foreign press. Theyprevent publication or distribution of any material regarded asthreatening or embarrassing to the Government. Commonlycensored subjects include the Government's human rights record,allegations of official involvement in the Lebanese drug trade,and aspects of the Government's political and security role inLebanon. Censors remove from imported publications articlescritical of the Government's role in Lebanon.The Ministry of Culture and National Guidance censors fictionand nonfiction works, including films. Censorship is stricterfor materials in Arabic. Censors remove material critical ofthe Government, offensive to any of Syria's religious groups,too graphic in its description of sex, unfavorable to the Arabcause in the Middle East conflict, or partial to sectarianism.Censorship also affects films available at foreign culturalcenters.The Government or the Ba'th Party owns and operates the radioand television companies and the newspaper publishing houses.There are no privately owned newspapers. The Ministry ofInformation censors the televised news programs to ensure theyfollow the government line. The Government does interfere withradio or television broadcasts from neighboring countries.The law prohibits citizens from owning satellite receivingdishes. In early 1994, security forces began to confiscatesatellite-dish components but later halted the practice.Although ownership remains illegal, citizens resumed installingsatellite dishes without any apparant government action.However, in November the Government announced that it wouldfully implement the ban on private dishes and create a monopolyto distribute satellite programs to selected consumers.Nonetheless, there was greater openness in 1994 in the media'scoverage of regional developments, including the peaceprocess. The Government aired extensive coverage of the peaceagreement reached between Arab parties and Israel, e.g., thesigning of the peace treaty between Israel and Jordan. TheGovernment also permitted more media criticism of governmentperformance. Several newspaper articles highlighted governmentmalfeasance and low-level, but not high-level, corruption.Public school teachers are not permitted to express ideascontrary to government policy, although authorities allowsomewhat greater freedom of expression at the university level. b. Freedom of Peaceful Assembly and AssociationThis freedom does not exist. Citizens may not hold publicmeetings unless they obtain permission from the Ministry ofInterior. The Government or Ba'th Party organizes mostdemonstrations. The Government applies the restriction onpublic assembly in the Palestinian refugee camps.The Government regards all private associations as illegalunless they are duly registered with the Government.Unregistered groups may not hold meetings, and the authoritiesdo not allow the establishment of independent politicalparties. It usually grants registration to groups not engagedin political activity.In 1980 the Government dissolved several professionalassociations after some of their members staged a strike andcalled for an end to the state of emergency. Security forcesarrested an undetermined number of strikers and sympathizers.Many of these people remain in detention without trial or arebeing tried in the State Security Court. The associations havesince been reconstituted, but the Government strictly controlstheir activities. Any association must notify the Ba'th Partyof its scheduled meetings. c. Freedom of ReligionCitizens enjoy a considerable degree of religious freedom.Although nearly two-thirds of the population is Sunni Muslim,there is no state religion. However, the Constitution requiresthat the President be Muslim.Most religious groups, including the remaining 300-memberJewish community, are free to practice their faiths. Allreligions and sects must register with the Government, whichmonitors fundraising and requires permits for all meetings byreligious groups, except for worship. The permits areroutinely granted. Non-Muslims may operate schools andreligious training facilities,and maintain links withcoreligionists abroad. The Government prohibits the Jehovah'sWitnesses and Seventh-Day Adventists from organizing aschurches and from owning church property. Followers practicetheir religion in private homes.Foreign missionaries are permitted to preach and practice.Although no law prohibits non-Muslims from proselytizingMuslims, the Government discourages such activity. Thepublication of religious material is subject to the samecensorship as secular material. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Government restricts travel near the Golan Heights andoccasionally near the borders with Lebanon, Jordan, and Iraq.Travel to Israel is illegal.Citizens require government permission to travel abroad. TheGovernment refuses permission to anyone thought likely toexpress views contrary to its policies. The authorities mayprosecute any person found attempting to emigrate or travelabroad without official permission, or suspected of havingvisited Israel illegally.Women over the age of 18 have the legal right to travel withoutthe permission of male relatives, but in practice the husbandmay file a request with the Ministry of Interior to prohibithis wife's departure from Syria. Similarly, a father mayrequest that the Ministry prohibit travel abroad by unmarrieddaughters, even if they are over 18 years of age.In 1994 the Government fulfilled its commitment to grant exitpermits to Jews who sought one. In the past, the Governmentrequired Jews to post bond before traveling abroad. It hasabolished that requirement.There are some 360,000 Palestinian refugees living in Syria,some of whom were born in the country. These refugeessometimes encounter difficulties in obtaining travel documentsand re-entering Syria after traveling abroad. The Governmentclosely monitors Palestinians who are not residents in Syria,including those with third-country passports. The authoritiessometimes refuse such travelers entry into Syria.The number of non-Palestinian refugees assisted by the UnitedNations High Commissioner for Refugees (UNHCR) dropped to lessthan 4,600 from some 5,500 in 1993. Some 3,500 of these areIraqis, and over 900 are Somalis. The UNHCR estimated thatanother 34,000 non-Palestinian refugees--including 31,000Iraqis and 2,000 Somalis--were in Syria but did not receiveUNHCR assistance.There were reports that security forces detained some personsseeking aslyum and reportedly forced some--in particularSomali, Egyptian, and Libyan nationals--to return to theircountries where they face possible abuse from theirGovernments. Such reports were unconfirmed. In general, theGovernment provides information on asylum seekers to the UNHCR.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens do not have the ability to change their governmentlegally and peacefully. The President and his senior aides,particularly those responsible for internal and externalsecurity, ultimately make all basic decisions on political andeconomic life. In recent years, the ruling Ba'th Party, whichis dominated by the military, has served principally tolegitimize President Asad's rule.Although the regime seeks to deemphasize ethnic and religioussectarianism, members of President Asad's own sect, the Alawis,hold most important military and security positions. PresidentAsad's fourth 7-year term expires in March 1999.An election was held in August for the 250-seat Parliament, orPeople's Council. Members serve 4-year terms. The Parliamenthas the constitutional power to initiate laws but has not yetdone so. To date, it merely approves or revises draftlegislation proposed by the executive branch.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere are no local human rights groups: the Government doesnot permit the establishment of such organizations.In October the Government allowed representatives from AmnestyInternational (AI) to visit Damascus where they met variousministers and other officials. The AI delegation described itsdiscussions as the "first ever substantive talks with Syrianauthorities covering all its human rights concerns." Thedelegation met with the president of the State Security Courtbut was not able to observe State Security Court trials.During its visit, AI raised with the Government the cases ofover 1,000 victims of human rights violations over the past 25years, including political prisoners, detainees without trial,and people who have disappeared. Earlier in October,government ministers also received a representative from HumanRights Watch, the first time that organization has visitedSyria.As a matter of policy, the Government denies that it commitsany human rights abuses and does not permit representativesfrom international humanitarian organizations to visitprisons. In instances in which foreigners are arrested, theauthorities sometimes delay or deny prison visits by embassyofficials.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution provides for equal rights and equalopportunity for all citizens. In practice, membership in theBa'th Party or close familial relations with a prominent Ba'thParty member is important for prospering. Party connectionscan pave the way for entrance into better elementary andsecondary schools, access to lucrative employment, and greaterpower in the Government and the military. WomenHistorically the Government has sought to overcometraditionally conservative and religiously inspireddiscriminatory attitudes toward women. It encourages women'seducation and has expressed its intention to align its lawsmore closely with international conventions on equalopportunity for women.Women constitute some 10 percent of the Members of Parliamentand the diplomatic corps, 6 percent of judges, almost 10percent of lawyers, 57 percent of teachers below universitylevel, and 20 percent of university professors.Nonetheless, social attitudes and practices continue todiscriminate against women. Matters of personal status, suchas divorce and inheritance, are adjudicated by courtsassociated with the various religious denominations. Muslimwomen face discrimination in such cases under Islamic law whichgrants women a smaller share of inheritance than male heirs.Spousal abuse against women occurs, but conservative socialmores discourage any public discussion of the issue. There isno evidence that spousal abuse is widespread, but there are noofficial statistics. Battered women have the legal right toseek redress in court, but few do so because of the socialstigma attached to such an action. The Syrian Women'sFederation offers services to battered wives to remedyindividual family problems. ChildrenThe law stresses the need to protect children, and education ismandatory up to the sixth grade, with tuition-free educationprovided at higher levels. However, mandatory education is notstrictly enforced in rural areas where there are often notenough schools.The Government provides health care to children at a nominalfee, although the quality of the care varies in differentregions. There is no pattern of societal or familial violenceagainst children, which is discouraged by tough legal penaltiesas well as social stigma. National/Racial/Ethnic MinoritiesThe Government has placed limits on the use and teaching ofKurdish language, Kurdish cultural expression and, at times,the celebration of Kurdish festivals. Kurds lost seats in theparliamentary election. There were claims that the Governmentmanipulated the elections of some Kurdish candidates whoallegedly were critical of government policy towards the Kurdsand/or supported Kurdish nationalist aims. The authoritiesreportedly detained some citizens for protesting theGovernment's policy towards the Kurds.There is a credible estimate that previous governments withdrewthe nationality of 90,000 to 120,000 Kurds during the 1960's.The current Government apparently stopped this practice, buthas not restored nationality to those who lost it. Religious MinoritiesThere is no state religion and a significant amount ofreligious tolerance. Religion is occasionally a factor indetermining the opportunities available to Syrian citizens.For example, members of the President's religious sect, theAlawis, generally enjoy preference for high-level security andmilitary positions.The few remaining Jews are generally barred from government andmilitary service. They are the only minority group whosepassports and identity cards note their religion. People with DisabilitiesThe law prohibits discrimination against the disabled and seeksto integrate them into the public sector work force. However,implementation is lax. Regulations reserving 2 percent ofgovernment and public-sector jobs for the handicapped are notrigorously implemented. The disabled do not have recourse tothe courts regarding job discrimination. There are no lawsmandating access to public buildings for the disabled.</text>
</content>
<name>Syria </name>
<script></script>
</card>
card_67802.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SWITZERLAND HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SWITZERLANDSwitzerland is a constitutional democracy with a federal structure. The bicameral Parliament elects (from among its members or other persons) the seven members of the Federal Council, the highest executive body, whose presidency rotates annually. Because of the nation's linguistic and religious diversity, the Swiss political system emphasizes local and national political consensus, and grants considerable autonomy to the cantons.The Swiss armed forces are a militia based on universal military service for able-bodied males. There is virtually no standing army apart from training cadres and a few essential headquarters staff functions. Police duties are primarily a responsibility of the individual cantons, which have their own distinct police forces. The National Police Authority has a coordination role and relies on the cantons for actual law enforcement.Switzerland has a free enterprise industrial and service economy that is highly dependent on international trade. The standard of living is very high.The Government fully respects human rights. The electorate approved a new antiracism law in September which criminalizes racist or anti-Semitic actions and public speech, and ratifies the 1960 U.N. Convention Against Racism. However, there continued to be instances of violence against foreigners, and the Federal Government is investigating allegations of cantonal police mistreatment of detainees during previous years.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution proscribes such practices, and there were no reports of violations. Amnesty International (AI) alleged in April that during 1992-93 there were 13 cases of minor violence against persons in cantonal police custody. Cantonal police forces publicly rejected all the allegations. The Government promptly launched an investigation, and in November published a detailed report that also rejected all the allegations. d. Arbitrary Arrest, Detention, or ExileThe law provides for freedom from arbitrary arrest, detention, or exile. A suspect may not be held longer than 24 hours without a warrant issued by the investigative magistrate. A suspect has the right to choose and contact an attorney as soon as the warrant is issued; the State provides free counsel for indigents. Investigations are generally prompt. Release on personal recognizance or bail is granted unless the magistrate believes the person is dangerous or will not appear for trial. Any lengthy detention is subject to review by higher judicial authorities. Some foreigners were held in lengthy detention while awaiting trial.There is no summary exile, nor is exile used as a mean of political control. Non-Swiss convicted of crimes may receive sentences which include denial of reentry for a specified period following completion of a prison sentence. e. Denial of Fair Public TrialThe judiciary is independent of the other branches of government, and is free of interference from them at both the federal and the cantonal levels.The Constitution provides for public trials in which the defendant's rights are fully respected, including the right to challenge and to present witnesses or evidence. All courts of first instance are local or cantonal courts. Minor cases are tried by a single judge, difficult cases by a panel of judges, and serious crimes (such as murder) by a public jury. Trials are usually held expeditiously. Citizens have the right to appeal to the federal court.There are no political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceCantonal laws regulate police entry into private premises. These laws differ widely from canton to canton, but all prohibit arbitrary intrusion. There were no reports of violations of these rights.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and press; an effective judiciary and democratic political system, along with an independent press, combine to ensure this is fully implemented. The authorities may legally restrict these freedoms for groups deemed to be a threat to the State, but no groups were restricted during the year. The new antiracism law criminalizes racist or anti-Semitic expression whether in public speech or in printed material.Most broadcast media are government-funded (the exceptions are small-scale experimental programs), but enjoy editorial autonomy. Foreign broadcasts are freely accessible. Private press and publishing operate without government hindrance.The Government fully respects academic freedom. b. Freedom of Peaceful Assembly and AssociationThe only restriction on peaceful assembly and association is a requirement to obtain a permit from police before holding any public meeting. The authorities routinely grant permits unless they have reason to believe a meeting would lead to violence. c. Freedom of ReligionThe Constitution provides for complete freedom of religion, and the authorities do not hamper the teaching or practice of any faith. There is no single state church, but most cantons support one or another church out of public funds. A taxpayer may opt out of contributing to church funding in any canton. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationUnder the Constitution and the law, citizens are free to travel in or outside the country, to emigrate, and to repatriate.Switzerland has traditionally been a haven for refugees, but public concern over the high number of asylum seekers induced the Government to legislate emergency measures for swifter processing and, for rejected applicants, swifter expulsion; the Government promptly began implementing these measures, and in December it extended them through 1996. Still, the Government continues to give asylum seekers orderly consideration. It cooperates with the U.N. High Commissioner for Refugees and other humanitarian organizations in assisting refugees.Refugees whose applications are rejected are allowed to stay temporarily if their home country is torn by war or insurrection. Through August (latest data), 1,165 rejected asylum seekers were deported to their country of origin.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentSuffrage is universal for citizens over age 17, and balloting is secret. Local, cantonal, and federal elections are free and are contested actively by a variety of parties. Frequent use of initiative and referendum procedures provide additional means for popular involvement in the legislative process.Women were disfranchised until 1971, but since then their participation in politics has unabatedly expanded. Women occupy 41 of the 246 seats in the Parliament, 1 of the 7 in the Federal Council, and a record 9 in cantonal government executive bodies.Section 4 Governmental Attitude Regarding International and Nongovernment Investigation of Alleged Violations of Human RightsLocal human rights advocacy groups concern themselves almost exclusively with lobbying the Swiss and other governments about the human rights situation in other countries. All major international human rights groups are active in Switzerland.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenAlthough the Constitution prohibits discrimination against women in the workplace, this problem persists, and the Government has only recently started to take effective action against it. While in recent years significant numbers of women have entered traditionally male-dominated professions (such as medicine, law, and engineering), women generally do not receive equal pay for equal work; studies indicate women's earnings average 15 percent less than those of men.Various laws continue to discriminate against women; however, in 1994 Parliament passed legislation improving the treatment of women regarding health insurance and government pensions. In addition, it began work on amending the Labor Law so as to abolish provisions that ban women (except in a few fields, such as nursing) from working at night or on Sundays.In recent years policymakers have become more concerned about violence against women. While there are no reliable data on this topic, indications are that a problem exists and that many cases go unreported. The Federation of Women's Organizations and other groups have heightened public awareness of this issue. Every city maintains a telephone hot-line, through which female victims of violence can obtain help and counseling, and shelters for battered wives. Specialists, working with police, regularly interview women who report attacks. The law prohibits wife beating and similar offenses, and a change in the Penal Code in 1992 explicitly made spousal rape a crime. The authorities effectively enforce these laws. The Penal Code also criminalizes sexual exploitation and trafficking in women. ChildrenThe Federal and cantonal governments, as well as organizations defending children's rights, in recent years have devoted considerable attention to possible abuses against children, sexual abuses in particular. For convicted perpetrators of the latter, the law mandates imprisonment for up to 15 years. In June the Government approved the 1988 U.N. Convention on the Rights of a Child, and transmitted the draft bill to Parliament for ratification, albeit with some formal reservations regarding the Convention's provisions for the rights of children to naturalization and the rights of seasonal workers to be accompanied by their families. National/Racial/Ethnic MinoritiesThe Italian and Romansch languages may not long thrive in Switzerland, according to members of those communities, if the Federal Government does not increase its limited funding for education and media in them. The Federal Government regards preservation of languages as a responsibility of the cantons.In a referendum in September, voters approved inclusion of an antiracism article in both the Penal and the Military Code. This article is the nation's first law that seeks to prevent racial, ethnic, or religious discrimination before it occurs. The law also ratifies the 1960 U.N. Convention against Racial Discrimination.Reported attacks against foreigners were less frequent than in the 3 previous years--during the first 7 months of 1994 (latest data), 5 attacks were registered, a drop from 9 during the same period of 1993. Officials effectively investigate racist attacks, and in most cases these lead to arrest and trial of the perpetrators. Convictions carry a sentence of at least 1 year in prison. People with DisabilitiesThe Government has not mandated that buildings, government services, or transportation facilities be made accessible to people with disabilities. An umbrella organization actively lobbies on behalf of most associations defending the rights of the disabled; in 1994 it persuaded the Government to cease requiring disabled men to pay the tax imposed on men who have not accomplished their military duty.Section 6 Worker Rights a. The Right of AssociationAll workers, including foreigners, are free to associate, to join unions of their choice, and to select their own representatives. The Government does not hamper the exercise of these rights.Unions are independent of the Government and political parties.The right to strike is legally recognized and freely exercised. Strikes are infrequent, however; in 1994 there was only one. The law prohibits retribution against strikers or their leaders.Unions can and do freely affiliate with international organizations. b. The Right to Organize and Bargain CollectivelyBy law, workers have the right to organize and bargain collectively, and the law protects them from antiunion discrimination. The Government fully respects these provisions. Periodic negotiations between employer and worker organizations determine wages and other labor matters at the national and local levels. Nonunion firms generally adopt the terms and conditions fixed in the unions' collective bargaining agreements.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborAlthough there is no specific constitutional or statutory ban on forced or compulsory labor, it does not occur. d. Minimum Wage for Employment of ChildrenThe minimum age for employment of children is 15 years. Children of age 13 or 14 may be employed in light duties for not more than 9 hours a week during the school year, and for 15 hours otherwise. Employment of youths between ages 15 and 20 is strictly regulated; they cannot work at night, on Sundays, or under hazardous conditions. The Federal Office for Industry, Trade, and Labor effectively enforces the law on working conditions. e. Acceptable Conditions of WorkThere is no national minimum wage. The lowest wages fixed in collective bargaining agreements are generally adequate to provide a decent standard of living for workers and their families.The Labor Act sets a maximum 45-hour workweek for both blue- and white-collar workers in industry, services, and retail trades, and a 50-hour workweek for all other workers. The law requires a rest period during the workweek, and limits overtime to 120 hours annually.The Labor Act and the Federal Code of Obligations extensively provide for protection of worker health and safety. The Federal Office of Industry, Trades, and Labor rigorously enforces these provisions. The Government is currently overhauling the 1948 Labor Law, in part to strengthen provisions for workers' health and safety. A worker may opt out of a dangerous assignment, without penalty.</text>
</content>
<name>Switzerland </name>
<script></script>
</card>
card_67351.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SWEDEN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SWEDENSweden is a constitutional monarchy and a multiparty, parliamentary democracy. The King is Chief of State. The Cabinet, headed by the Prime Minister, exercises executive authority. The judiciary is independent of the Government.The Government effectively controls the police, all security organizations, and the armed forces.Sweden has an advanced industrial economy, mainly market-based, and a high standard of living, with extensive social services.Ombudsmen, appointed by the Parliament but with full autonomy, investigate the few complaints of alleged abuses by authorities, and prescribe corrective action if required. The human rights situation has continued to be favorable.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe law prohibits these abuses, and the authorities respect such prohibitions. There have been occasional accusations of excessive use of force by police in arrests, but thorough investigations have not produced evidence of a systematic problem. Typically, police officers found guilty of abuse have been suspended or otherwise disciplined. During 1994 a few police trainees were found unsuitable for the work and were dismissed. d. Arbitrary Arrest, Detention, or ExileThe Government carefully observes the laws protecting persons arrested or detained. Arrests are public and by warrant. The police must lodge charges within 6 hours against persons detained for disturbing the public order or considered dangerous, and within 12 hours against those detained on other grounds. The law requires arraignment within 48 hours of arrest. The time between arrest and the first court hearing may be extended to 96 hours for detainees considered dangerous, likely to destroy evidence, or likely to flee, but this occurs very rarely. Other than such suspects, detainees are routinely released pending trial, although bail as such does not exist. If a person files for bankruptcy and refuses to cooperate with the official investigation, a court may order detention for up to 3 months, with judicial review every 2 weeks.The Government does not impose exile.Convicted foreign criminals are often deported at the conclusion of their prison terms, unless they risk execution or other severe punishment in their home country. e. Denial of Fair Public TrialThe judiciary is free of governmental interference.The Constitution forbids deprivation of liberty without public trial by a court of law, and the Government respects this provision. The accused have the right to competent counsel, but the Government provides public defenders to indigents only in cases where the maximum penalty could be a prison sentence of six months or more. Convicted persons have the right of appeal in most instances.There are no political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe law limits home searches to investigations of crimes punishable by at least 2 years' imprisonment, such as murder, robbery, rape, arson, sabotage, counterfeiting, or treason. The authorities respect this provision. Normally, police must obtain court approval for a search or wiretap; however, a senior police officer may approve a search if time is a critical factor or there appears to be a threat to life. A parliamentary committee each year reviews all monitoring of telephones, faxes, or computers.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and press, and the Government respects these provisions. Most newspapers and periodicals are privately owned. The Government subsidizes daily newspapers, regardless of political affiliation. Broadcasters operate under a state concession. Until recently the State had a monopoly over ground-based broadcasting, but there are now a variety of commercial television channels (a ground-based one and several via satellite or cable) and several commercial radio stations.The Government may censor publications containing national security information. A quasi-governmental body excises graphic violence from films, television programs, and videos.Academic freedom is fully respected. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for freedom of peaceful assembly and association, and the Government does not restrict this. A police permit is required for public demonstrations, but the authorities routinely grant this, with rare exceptions to prevent clashes between adversarial groups. c. Freedom of ReligionThe Constitution provides for freedom of religion, and the Government does not hamper the teaching or practice of any faith. There is a state Lutheran Church, supported by public funds, but the Government routinely grants any request by a taxpayer for exemption from the Church Tax. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe law provides for free movement within, from, and back to the country, and the Government respects these rights.Foreigners with suspected links to terrorist organizations may be required to report regularly to police authorities, but can travel freely; each such case must be reviewed by the courts at least every 3 years.The Government cooperates with the U.N. High Commissioner for Refugees (UNHCR) and other humanitarian organizations in assisting refugees, and does not expel those having a valid claim to refugee status.In 1993 the Government denied asylum to a Peruvian, and put her on an aircraft headed for Peru even though, according to Amnesty International (AI), she faced severe persecution there; the aircraft made a scheduled stop in the Netherlands, and she obtained asylum there. AI criticized the Swedish Government for this case in its report covering 1993.The Government has continued to tighten its requirements for asylum seekers to prove reasonable fear of persecution in their homeland, although these requirements remain liberal. One well-known case involves a soldier from the former Yugoslavia who said he deserted rather than carry out orders to commit atrocities; after extensive publicity, the Government delayed his deportation for further examination.The Government delayed deportation of a great many other illegal immigrants, on humanitarian grounds in most cases. In April it granted a one-time amnesty covering some 22,000 illegal immigrants from Bosnia who had children of minor age and who had been in Sweden since January 1993.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe Constitution provides ways and means for citizens to change the Government. Elections to the 349-member unicameral Parliament are held every 4 years. Suffrage is universal for citizens at least 18 years old, and balloting is secret.Women participate actively in the political process and government. They account for 41 percent of the members of Parliament and half of the Cabinet. The governing Social Democratic Party pledged to place women in half of all political appointments, and by year's end had largely done so.Section 4 Government Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsSeveral private organizations actively monitor issues such as the impact of social legislation and the condition of the indigenous Sami population. Official ombudsmen publicize abuses of state authority, and initiate actions to rectify them. Government agencies are in close contact with a variety of local and international groups working in Sweden and abroad to improve human rights observance.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution provides for equal rights for all citizens, and the Government respects this provision. WomenThe law requires employers to treat men and women alike in hiring, promotion, and pay. A public official, the Equality Ombudsman, investigates complaints of sex discrimination in the labor market; in July she was granted authority to visit all places of work to check on implementation of equality measures. Women may also pursue complaints through the courts. A third option, and by far the one most chosen, is to submit the complaint to the labor union for mediation with the employer. Almost all gains in women's rights took place through consensus and labor negotiations, with relatively little resort to legislation.Despite the available remedies, surveys show that women remain underrepresented in higher-paying jobs, their salaries averaging only 72 percent of men's (a decrease from a high near 80 percent only a decade ago). Part of this decrease reflects cuts in social-sector jobs, where women are overrepresented. Also, under the tight economic conditions in recent years, unions have been less willing to pursue claims of pay discrimination. Fewer than a dozen women in 1994 chose to seek redress through the courts when their unions refused to take up their complaints. Women submit hundreds of complaints to the Ombudsman each year (260 in 1992--latest data), but almost all of these complaints are either resolved or dropped before the Ombudsman takes action.The law prohibits sexual harassment, and in this regard, too, women may take complaints to the Equality Ombudsman, the courts, or their unions.Nearly 18,000 cases of assault against women over age 15 were reported to police in 1993 (latest data), a rise of 2,000 from 1992. Most involved spousal abuse, and in some three-quarters of all cases the perpetrator was an acquaintance of the victim. Abuse of women occurs especially often within the immigrant community. In one controversial case, in which a Palestinian Christian immigrant killed his daughter for marrying a Moslem, the court convicted him of manslaughter rather than murder because of his cultural background; but a higher court overturned the decision, convicting the father of murder and lengthening his sentence accordingly.The law provides for measures to protect abused women from having their abusers discover their whereabouts or contact them. In some cases the authorities have helped women obtain new identities and homes. In 1994 the Government provided electronic alarms or bodyguards for women in extreme danger of assault. Both the national and local governments support voluntary groups that provide shelter and other assistance to abused women. The authorities strive to apprehend and prosecute abusers. Typically, the sentence for abuse is a prison term or psychiatric treatment.The number of reported rapes, some 1,400 yearly, has remained at approximately the same level since 1989. There is no legal differentiation between spousal and nonspousal rape. ChildrenAlthough indications are that child abuse is not common, the public and the authorities are concerned by data indicating it has been on the rise. The number of reports of abuse of children under the age of 15 years rose significantly in 1993 (latest data), to 3,300 from 2,700 in 1992. To some extent this probably reflects an increased willingness to report abuse, but child advocates fear it largely reflects an actual rise due to the strains imposed on families by the worsening economic situation.The law prohibits parents or other caretakers from abusing children mentally or physically in any way. Parents, teachers, and other adults are subject to prosecution if they physically punish a child in any way, including slapping or spanking. Children have the right to report such abuses to the police. The authorities respect these laws, and have prosecuted some parents for abuses. The usual sentence is a fine combined with counseling and monitoring by social workers; but if the situation warrants, children may be removed from the home and placed in foster care. Foster children are virtually never allowed to be adopted, even in cases where the parents are seen as unfit or seek no contact with the child; critics charge that this policy places the rights of biological parents over the needs of children for care by caring families.The Government allocates funds to private organizations concerned with children's rights. In 1993 it appointed an Ombudsman for Children. During her first year she focused mainly on the Government's adherence to international agreements, and found only one case meriting criticism, that of a 17-year-old who was given an 18-month prison term for robbery. Indigenous PeoplesSome 17,000 Samis (Lapps) are among Sweden's 8.5 million inhabitants. In 1994 a Sami parliamentary body, the Sametinget, was formed; it is to convene four times a year, and is to serve as a consultative body to the Government.Also in 1994, Samis staged protest demonstrations against a 1993 law permitting others to hunt on designated reindeer pastures, and demonstrations against a 1994 law permitting others to fish in lakes previously reserved for Samis.Samis also complain that in their localities they often encounter discrimination against them in housing and employment, and that the Government is not doing enough to combat this. National/Racial/Ethnic MinoritiesThere continued to be scattered acts against minorities, some involving violence. Most involved clashes between ethnic Swedish and non-Swedish youths. At least a dozen immigrants were physically assaulted, and several businesses and homes were burned or otherwise damaged. The Government vigorously investigated and prosecuted such crimes, although in many clashes between youth gangs, both sides seem to have been at fault. Most cases resulted in conviction and prison terms, unless the offender was a minor.In 1993 the Government shifted responsibility for processing refugees to the local level, requiring every municipality to accept a proportional number of refugees and provide for their needs. A few municipalities continued to refuse to do so, on the grounds that they lack adequate resources. By year's end their resistance had not yet been put to a test. People with DisabilitiesRegulations for new buildings require that they be fully accessible to disabled persons. However, there is no such requirement for existing public buildings, and many are not accessible to unaided disabled persons. The law prohibits discrimination against people with disabilities. The Government provides disabled persons with assistance aimed at allowing them to live as normal a life as possible, preferably outside an institutional setting. This includes educational assistance, such as provision of personal tutors or aides, at all stages from pre-kindergarten day care to university studies; assistance within the workplace, such as provision of a personal aide or improvement of the workplace's accessibility to wheelchairs; and provision of services such as home care or group living.Section 6 Worker Rights a. The Right of AssociationThe law provides for freedom of workers to associate and to strike. The Government respects these provisions. Some 87 percent of the work force belong to trade unions, including career military personnel, police officers, and civilian government officials. Unions are independent of the Government and political parties, although the largest federation of unions has been allied for many years with the largest political party.Laws forbid retribution against legal strikers. Only a few minor strikes took place in 1994, and most of them were settled quickly.Unions freely affiliate internationally. b. The Right to Organize and Bargain CollectivelyThe law provides for the right of workers to organize and to bargain collectively. Labor and management, each represented by a central organization, periodicially negotiate framework agreements which are followed by industry- and factory-level agreements on details.The law fully protects workers from antiunion discrimination and provides effective mechanisms for resolving complaints. Almost all complaints are settled informally. If informal discussions fail, the issue goes to a labor court, whose ruling on it sets a precedent to be followed by other courts. Cases of an employer firing an employee for union activities are very rare; in 1994 there were none.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe law prohibits forced or compulsory labor, and the authorities effectively enforce this ban. d. Minimum Age of Employment of ChildrenCompulsory 9-year education ends at age 16, and full-time employment is normally permitted at that age under supervision of local authorities. Employees under age 18 may work only during daytime and under a foreman's supervision. During summers and other vacation periods, children as young as 13 may be hired for part-time or light work, with no more than a 5-day workweek. Police and public prosecutors effectively enforce the restrictions. e. Acceptable Conditions of WorkThere is no national minimum wage law. Wages are set by collective bargaining contracts, which usually are observed also by nonunion establishments. Even the lowest-paid workers are able to maintain a decent standard of living for themselves and their families because substantial assistance is available from social welfare entitlements.The standard workweek is 40 hours or less. Overtime and rest periods are regulated partly by law and partly by collective bargaining agreements. The law stipulates that for workers not covered by a labor agreement, the limit for overtime is 200 hours a year, although exceptions may be granted for key employees; some collective bargaining agreements put the limit at 150 hours. The law requires a rest period after 5 hours of work, but does not stipulate a minimum duration; in practice it is usually at least 30 minutes. The law also calls for all employees to have a minimum of 5 weeks of paid annual leave; many labor contracts provide more.Occupational health and safety rules are set by a government-appointed board and monitored by trained union stewards, safety ombudsmen, and, occasionally, government inspectors. The ombudsmen have the authority to stop life-threatening activity immediately and to call in a labor inspector.</text>
</content>
<name>Sweden </name>
<script></script>
</card>
card_67156.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SWAZILAND HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SWAZILANDSwaziland is governed as a modified traditional monarchy with executive, legislative, and (with some limitations) judicial powers ultimately vested in the King (presently Mswati III). The King rules according to unwritten Swazi law and custom, in conjunction with a newly elected Parliament and an accompanying structure of published laws, implementing agencies, and an independent judiciary. Despite the 1993 parliamentary elections and the election of regional and local councils in September and October, political power continues to rest largely with the King and his circle of traditional advisers. The 1968 Constitution, originally suspended by the present King's father in 1973, remained in suspension. The King routinely issued decrees, based upon this 1973 suspension, which carry the force of law.Both the Umbutfo Swaziland Defense Force and the Royal Swaziland Police operate under civilian control and are responsible for external and internal security. The police harassed and arrested political activists from prohibited political organizations. There were credible accusations of excessive force and abuse by the police in the interrogation of criminal suspects in 1994.Swaziland has a free market economy, with relatively little government intervention. The majority of Swazis are engaged in subsistence agriculture, although a relatively diversified industrial sector now accounts for the largest component of the formal economy. The economy relies heavily on the export sector, especially the sugar industry, composed primarily of large firms with predominantly foreign ownership. A governmental organization maintains large investments in all major sectors of the industrial, agricultural, and services economy.There was little change in the human rights situation in 1994. The Government restricted freedom of assembly, continued prohibitions on political activity and parties, moved to curtail the one independent newspaper, and detained or arrested members of political groupings, including seven members of the newly formed Swaziland Communist Party. Police continued to use excessive force, especially during the interrogation of criminal suspects, and the authorities rarely punished offenders. The Government's frequent use of a nonbailable offense provision, strengthened by act of Parliament in 1994, led to some overcrowding in detention facilities. Legal and cultural discrimination and violence against women remained a serious problem.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of such killings. b. DisappearanceThere were no reports of disappearance. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere were no reports of the use of torture, but police brutality continued to be a major problem. Criminal suspects routinely complained that police beat them in the course of interrogations. The Government failed to prosecute or otherwise discipline police officers for such abuses. Courts do, however, routinely throw out confessions induced through such physical abuse. On one occasion, the Government charged a police officer with the rape of a criminal suspect; at year's end, the case was ongoing. The Government continued to refuse to release the report of an official inquiry into the 1990 "Black Wednesday" incident when police and army units beat University of Swaziland student protestors. Student commemoration of this event in November led to accusations of property damage and harassment of nonparticipants, and the early closure of the University.Prison conditions are poor but not life threatening. Food is generally adequate, although sometimes family members must bring food to supplement the sparse prison diet. Medical care is inadequate. The use of the new nonbail provision led to some overcrowding in government remand centers, where suspects are held during pretrial detention (see Section 1.d.). Women and juveniles are held in separate prison facilities. d. Arbitrary Arrest, Detention, or ExileThe law requires warrants for arrests in most circumstances, except when police observe a crime being committed or have reason to believe that a suspect will flee. Detainees may consult with a lawyer of their choice and must be charged with violation of a statute within a reasonable time, usually 48 hours, or, in remote areas, as soon as the judicial officer appears. The authorities generally respect these rights in practice.The Government continued to limit provisions for bail by expanding the crimes appearing in the Nonbailable Offenses Order, effective August 24, 1993. The Order originally listed nine offenses ranging from murder to inciting to riot for which a defendant cannot be granted bail. In 1994 the Minister of Justice, who may amend the list by his own executive act, added a tenth offense, car theft, to the nonbailable list, after a rash of armed highjackings in urban areas. In June Parliament broadened the standard for the nonbailable act to apply from "involvement" in the offense to a mere "charge" of the underlying offense.In September police harassed and temporarily detained three members of a banned political organization, the People's United Democracy Movement (PUDEMO), when the members were discovered distributing pamphlets advocating a boycott of local elections.The Government does not use exile for political purposes. There are no formal barriers to prevent the return of dissidents. e. Denial of Fair Public TrialJudicial powers are vested in a dual system, one independent and based on Western law, the other based on a system of national courts which follows unwritten traditional law and custom. In treason and sedition cases, the King can circumvent the regular judiciary by appointing a special tribunal, which may adopt rules and procedures different from those applied in the High Court. However, this power was last used in 1987.The modern judiciary consists of the Court of Appeals, (composed entirely of expatriate, usually South African, judges), the High Court, and magistrates' courts, which are independent of executive and military control and free from intimidation from outside forces. The expatriate judges, often distinguished members of their respective bars, serve on the basis of 2-year, renewable contracts. Local judges serve indefinitely on good behavior. In magistrates' courts, the defendant is entitled to counsel at his or her own expense. Court-appointed counsel is provided in capital cases or when difficult points of law are at issue. There are well-defined appeal procedures up to the Court of Appeals, the highest judicial body.Most Swazis who encounter the legal system do so through the traditional courts. The authorities may bring ethnic Swazis to these courts for relatively minor offenses and violations of traditional law and custom. In traditional courts, defendants are not permitted formal legal counsel but may speak on their own behalf and be assisted by informal advisers. Sentences are subject to review by traditional authorities and to appeal to the High Court and the Court of Appeals. By law, the public prosecutor has the authority to determine which court should hear a case, but in practice the police usually make the determination. Accused persons have the right to transfer their cases from the traditional courts.On October 16, the Government arrested seven members of the newly formed Swaziland Communist Party who were picketing a workshop of a local democracy organization. The authorities charged them under the 1938 Sedition Act, a broadly written law, with committing subversive acts and being in possession of seditious materials. The trial marked the first use of this Act in approximately 2 years. The court acquitted the seven of the sedition charges after a 2-week trial in November. It also acquitted six of the seven of the minor charge of staging a public demonstration without a permit and gave the seventh, the party leader and founder, a suspended sentence on that charge. The Government arrested the party leader and one other for demonstrations without a permit the following week, releasing them on bail 3 days later. These two faced the possible imposition of a 2-month suspended sentence for a 1993 conviction on the same charge. The case against the two continued at year's end.In 1993 credible reports of the existence of a "secret committee" led magistrates, concerned about possible inroads on their judicial independence, to a brief strike. This "secret committee," which was allegedly formed to usurp the functions of the Judicial Service Commission (JSC) and to discipline wayward magistrates, reportedly disbanded in the wake of the strike and criticism from members of the legal profession. Tighter JSC supervision of magistrates and the institution of a training and inspection magistrate group to supervise courtroom performance led to significant reductions in judicial delay in 1994.The Government held no known political prisoners in 1994. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe law requires a warrant from a magistrate before police may search homes or other premises, and police generally respect this requirement in practice. However, police officers with the rank of subinspector or higher have the right to search without a warrant if they believe evidence might be lost through delay in obtaining a warrant. While searches without warrants occur occasionally, the issue of legality of evidence rarely arises in court. Opponents of the Government complained of unlawful police searches and seizures but did not seek judicial relief in 1994.There is no evidence that the Government systematically monitors private correspondence or conversations.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressFreedom of speech, especially on political matters, remains limited, including in the new Parliament. The media, both government-controlled and private, practice self-censorship in regard to the immediate royal family and national security policy. Despite these restrictions, there was an overall trend toward greater openness, and the two daily newspapers--one official, one private--treated a range of sensitive topics. However, the Government moved against its most outspoken critic, the expatriate owner and publisher of the sole independent newspaper, through nonrenewal of his business permit. While at year's end the publisher's case rested under appeal with the Ministry of Home Affairs, the paper continued its critical coverage. The government-owned television and radio stations--the most influential media in reaching the public--generally followed official policy positions. Private companies and church groups own several newsletters, magazines, and one radio station that broadcasts throughout the region.The practice of self-censorship and the prohibition of political gatherings limits academic freedom. After a student-led commemoration of "Black Wednesday" at the university in November led to accusations that student activists had damaged property, harassed nonparticipants, and engaged in angry confrontations with university administrators, the university senate voted to close the university indefinitely. The university established an informal inquiry panel to interview students and pass judgment on their fitness to attend class. b. Freedom of Peaceful Assembly and AssociationKing Sobhuza's 1973 decree prohibits political parties and meetings of a political nature and processions or demonstrations in any public place without the consent of the Commissioner of Police. The authorities did not generally grant permission to hold meetings but did not rigidly enforce the 1973 decree. Political organizations often met without the required permission, without repercussions, including PUDEMO and the Swaziland Youth Congress (SWAYOCO). However, the threat of police intervention is pervasive, and on at least four occasions police harassed groups taking part in political activities, such as peaceful demonstrations and distribution of political flyers (see Section 1.e.). These incidents include the December arrest of 48 PUDEMO members for taking part in a protest march.Several traditional forums exist for the expression of opinion, including community meetings, national councils, and direct dialog with village chiefs, but they depend on the sufferance of leaders and are ineffective channels for expressing real political dissent. c. Freedom of ReligionFollowers of all religious faiths are free to worship without government interference or restriction. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationSwazis may travel and work freely within Swaziland. However, for travel abroad, under traditional law, a married woman requires her husband's permission to apply for a passport, and unmarried single women require the permission of a close male relative. A new Citizenship Law passed in November 1992 removed many ambiguities relating to Swazi citizenship and nominally enabled nonethnic Swazis to obtain passports and citizenship documents. Bureaucratic delays, however, plagued individuals seeking these documents during the year, in part due to the common perception that nonethnic Swazis are not real Swazis.The Government treats about 7,000 ethnic Swazis from the former homeland of KwaZulu in South Africa as virtually indistinguishable from local Swazis and routinely grants them travel and citizenship documents.Swaziland's treatment of refugees is considered good by the United Nations High Commissioner for Refugees (UNHCR) as well as the various nongovernmental organizations (NGO's) involved in the care of these groups. Largely under UNHCR auspices, more than 35,000 Mozambican refugees had returned home by year's end, and the UNHCR officially registered only several hundred refugees in Swaziland.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens are not able to exercise this right. The King retains ultimate executive and legislative authority, and political parties are prohibited. Passage of legislation by Parliament requires the King's assent to become law, which he is not obliged to give. When Parliament is not in session, the King may legislate by decree under his residual emergency powers. The King chooses the Prime Minister and, in consultation with the Prime Minister, the Cabinet.The King has been under increasing public pressure, including from within his own Government, to modernize the political system, especially the archaic system of indirect representation.Women have full legal rights to participate in the political process. In the new Parliament, there are two women elected to the House, and four women elected--and two appointed--to the Senate. There are no women in the Cabinet. Three women serve as principal secretaries, the senior civil service rank in the ministries.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government permits domestic human rights groups to operate and in April invited the most prominent group, the Human Rights Association of Swaziland (HUMARAS), to attend a government policy seminar. In 1994 HUMARAS continued to speak out on human rights issues and served as a mediator in land and labor disputes. HUMARAS criticized the Government on several occasions, including the Government's decision to close the university following the "Black Wednesday" student protests and the arrest and trial of the seven Communist Party members in November (see Section 1.e.).There were no visits by international human rights organizations.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution remains suspended. However, the Employment Act of 1980 forbids employers to discriminate on the basis of race, religion, sex, or political affiliation. WomenWomen have traditionally occupied a subordinate role in Swazi society, and the dualistic nature of the legal system complicates the issue of women's rights. As traditional marriage is governed by uncodified law and custom, women's rights are often unclear and change according to where and by whom they are interpreted. In both traditional and civil marriages, wives are legally treated as minors, although those who marry under civil law may be accorded the legal status of adults, if stipulated in a signed prenuptial agreement.Changing socioeconomic conditions, urbanization, and the increasing prominence of women leaders in government and civic organizations are slowly breaking down barriers to equality. Wives now routinely and successfully execute contracts and enter into a variety of transactions in their own names. Nevertheless, despite the 1980 Employment Act requiring equal pay for equal work, men's average wage rates by skill category usually exceed those of women. Moreover, a woman generally requires her husband's permission to borrow money, open a bank account, leave the country, gain access to land, or, in some cases, take a job.Traditional marriages consider children to belong to the father and to his family if the couple divorces. They view children born out of wedlock as belonging to the mother. In traditional marriages, a man may take more than one wife. A man who marries a woman under civil law legally may not have more than one wife, although in practice this restriction is sometimes ignored. A Swazi woman may not pass citizenship to her children.Couples often marry in both civil and traditional ceremonies, creating problems in determining which set of rules applies to the marriage and to subsequent questions of child custody and inheritance in the event of divorce or death.Violence against women, particularly wife beating, is common, despite traditional strictures against this practice. Women have the right to charge their husbands with assault under both the traditional and modern legal systems and frequently do so, usually in extreme cases when intervention by extended family members fails to end such violence. The traditional courts, however, can be unsympathetic to "unruly" or "disobedient" women and are less likely than the modern courts to convict men for wife beating. Rape is also a common crime and is regarded by many men as a minor offense. Even in the modern courts, sentences frequently amount to no more than several months in jail or a fine, or both. The Swazi Legal Code addresses legal protection from sexual harassment, but its provisions are vague and largely ineffective.Several NGO's provide support to groups affected by discrimination or abuse, including the Swaziland Action Group Against Abuse which has relations with other civic organizations as well as the Government to provide forums to discuss spousal and child abuse and to educate the public on the rights of abuse victims. ChildrenThe Government is concerned with the rights and welfare of children, and a number of laws directly address children's issues. Child abuse is a serious problem in Swaziland. A government task force continued to educate the public on children's issues. People with DisabilitiesThe Government through the Ministry of Home Affairs has called for equal treatment of the disabled but has not initiated legislation to prohibit discrimination against the disabled. For example, there are no laws mandating accessibility for the handicapped to buildings, transportation, or government services.Section 6 Worker Rights a. The Right of AssociationThe Industrial Relations Act (IRA) of 1980 affirms the right of trade unions to organize and associate freely. It permits workers in all sectors of the economy, including the public sector, to join unions. Unions operate independently of government or political control, provided they act as economic, rather than political, organizations. The main trade union federation is the Swaziland Federation of Trade Unions (SFTU). The Swaziland Federation of Labor, a breakaway union formed from the SFTU in 1993, gained formal recognition from the Government in 1994.Unions are free to draw up their own constitutions within the framework of the IRA. The act specifies a number of provisions which must be addressed in a constitution, including the election of officers by secret ballot. The Labor Commissioner must approve the union constitution, and he can strike out or amend provisions which violate the law. The Government may dissolve unions which fail to maintain proper registration with the Labor Commissioner without recourse to judicial review, but it has never exercised this authority. The law prohibits strikes in "essential" services, which cover electricity, water, fire, health, sanitary, telephone, telegraph and broadcast, and teaching services, and many civil service positions.The IRA details the steps to be followed when disputes arise, including what determines a legal or illegal strike. The act empowers the Industrial Court to settle employment disputes and grievances and to enjoin a union from striking. When disputes arise, the Government often intervenes to try to reduce the chances of a strike, which may not be legally called until all avenues of negotiation have been exhausted. The Labor Commissioner may then issue a 14-day postponement, which may be extended upon presentation of further documentation.There were a number of strikes in 1994, usually over wages and benefits. In February the SFTU called a general strike in regard to 27 demands presented to the Government. These demands addressed a wide range of issues, including recognition of affirmative action, a national uniform minimum wage, ending discrimination against women, housing for workers, and inclusion of workers in constitutional discussions. The strike ended after 1 day when the Government agreed to establish a task force to investigate the 27 demands. Since the February strike, occasional discussions between senior union and government officials ensued, and the task force completed its report. Another general strike threat for November 1 resulted in intensive negotiations between government, labor, and employers. Labor suspended the strike call when negotiators reached basic agreement on 16 of the 27 demands. As of year's end, none of the agreed-upon demands had yet been formally approved by Parliament or published by the Government, and the SFTU established a new deadline for the first week of February 1995.The International Labor Organization (ILO) Committee of Experts (COE) has noted discrepancies between the IRA and ILO Convention 87 on freedom of association and ILO Convention 98 on the right to organize and bargain collectively, both of which Swaziland ratified in 1978. The COE concerns include the powers accorded government officials to control union activity and the strictures on the ability of workers to form unions and associate with other unions at home and abroad. The Government tolerates the unions' international affiliations but does not recognize them. b. The Right to Organize and Bargain CollectivelyThe IRA provides for the right to organize and bargain collectively and outlaws antiunion discrimination. Collective bargaining is widespread; approximately 80 percent of the formal private sector is unionized. The Industrial Court may refuse to register agreements in the event of nonobservance of government directives on wage levels. The COE has criticized this as a violation of ILO Convention 98.The law obliges employers to recognize a union when it achieves a 40-percent membership among employees. Disputes are referred to the Labor Commissioner and the Industrial Court, if necessary. Employers must allow members of legally recognized unions to attend union activities on company time. Although many employers resist recognition and force the issue to the Industrial Court, the Court has generally ruled in favor of the unions on recognition.The law limits the Industrial Court with respect to granting redress in the case of unfair dismissal. The Court may not order reinstatement and may award compensation only to the extent of 6 months of salary. Union leadership have on a number of occasions made credible charges that management in various industries have summarily dismissed workers for union activity. The Government sometimes instigates such dismissals.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe law prohibits forced labor, and it is not known to exist. An ILO representative withdrew an earlier ILO accusation that forced labor took place in Swaziland. d. Minimum Age for Employment of ChildrenThe Employment Act of 1980 prohibits the hiring of a child below the age of 15 in an industrial undertaking, except in cases where only family members are employed in the firm, or in technical schools where children are working under the supervision of a teacher or other authorized person. Legislation limits the number of night hours which can be worked on schooldays and limits children's work hours overall to 6 per day or 33 per week. Employment of children in the formal sector is not customary.However, children below the minimum age are frequently employed in the agricultural sector, particularly in the country's eastern cotton-growing region. Children are also employed as domestic workers, and as herd boys in rural areas. The Ministry of Labor is responsible for enforcement, but its effectiveness is limited by personnel shortages. e. Acceptable Conditions of WorkSwaziland has a legally mandated sliding scale of minimum wages depending on the type of work. These minimum wages generally provide a worker and family with an adequate standard of living within the context of Swazi society. The minimum monthly wage for a domestic worker is approximately $50 (180 Emalangeni), for an unskilled worker $70 (250 Emalangeni), and for a skilled worker $120 (430 Emalangeni).There is a labor/management/government-negotiated maximum 48-hour workweek in the modern sector, except for security guards, who work up to six 12-hour shifts per week. The Employment Act and the Wages Act entitle all workers to 1 day of rest per week. Most workers receive a minimum of 14 days' annual leave. The Labor Commissioner enforces standards in the formal sector.Extensive legislation protects worker health and safety in Swaziland. The Government sets safety standards for industrial operations and encourages private companies to develop accident prevention programs. Recent growth in industrial production has necessitated more government action on safety issues. However, the Labor Commissioner's office has conducted few safety inspections in recent years because of staffing deficiencies. Workers have no formal statutory rights to remove themselves from dangerous work places without jeopardizing their jobs; nor do any collective bargaining agreements address the matter.</text>
</content>
<name>Swaziland </name>
<script></script>
</card>
card_67042.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SURINAME HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SURINAMEAfter over a decade of predominantly military rule, Suriname installed a freely elected Parliament and inaugurated a democratically chosen President in 1991. Since then the Government has made fitful progress in consolidating democracy and slow but steady progress toward reestablishing civilian authority over the military. The Government of President Ronald Venetiaan is composed of ministers drawn from a four-party coalition which holds the majority of seats in the multiparty National Assembly. In 1992 the Government concluded a peace accord with members of insurgent groups which had fought a domestic armed conflict between 1986 and 1991.In 1993 the Government replaced former military strongman Desire Bouterse as commander of the armed forces with a new commander of its own choosing, and also replaced four subordinate commanders. Since then, cooperation between the military and the civilian police improved as respective roles were clarified. Civilian police bear primary responsibility for the maintenance of law and order, and they continued to be responsible for some human rights abuses.The market-oriented economy is largely agricultural, but with an important bauxite and alumina export sector. There is a high degree of state involvement and regulation; the Government and parastatal companies employ over half the working population. For the last several years, depressed world prices for bauxite and alumina and the damaging effects of the country's domestic armed conflict resulted in high inflation and reduced economic growth.The principal human rights abuses included police mistreatment of detainees, abuse of prisoners, overcrowding of jails, government intimidation of the press, societal violence against women, and marginalization of indigenous people. The Government continued to fail to call to account human rights abusers from previous regimes.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. The authorities have taken no action against prison guards who allegedly beat a prisoner to death in 1993.The human rights group Moiwana '86 continued to pursue the court case it instituted in 1992, challenging the validity of the law that conferred amnesty on members of the military and the insurgents for crimes (except crimes against humanity) committed between January 1985 and August 1992, but the court rendered no final judgment.The Government took no action to investigate past human rights violations, such as the 1982 killing by the military regime of 15 civic leaders or the 1986 massacre of civilians at the village of Moiwana. The Government failed to abide by a 1993 judgment rendered by the Inter-American Court of Human Rights to pay compensation to the survivors of seven Maroons (descendants of escaped slaves who fled into the interior to avoid recapture) killed near the village of Pokigron in 1987, although in 1991 the Government admitted responsibility for the killings. The Government did provide funds to set up a foundation responsible for disbursing compensation to relatives of the victims. b. DisappearanceThere were no new allegations of disappearances, but the Government took no action to investigate earlier allegations of disappearances which occurred under previous regimes. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution prohibits inhuman treatment or punishment, but human rights monitors continued to express concern about official mistreatment of detainees and prisoners. Prison guards reportedly beat inmates frequently. The authorities arrested a prison warden in September in connection with the beating of a prisoner of Dutch nationality, but had not brought him to trial by year's end. The Government has not released the results of an inquiry into charges that guards beat several recaptured prisoners in 1993.Severe jail overcrowding continued to be a serious problem. At police stations, cells intended for suspects awaiting trial contained as many as four times the number of detainees they were designed for and were very unsanitary. Guards allow detainees no exercise and only rarely permit them to leave the cells. Detainees also suffer from inadequate nutrition. The Government began construction of two new facilities to relieve the overcrowding. In some jails, female prisoners are in the charge of male police officers, and these officers reportedly routinely abuse female prisoners sexually. d. Arbitrary Arrest, Detention, or ExileAccording to the law, police may detain for investigation up to 14 days a person suspected of committing a crime for which the sentence is longer than 4 years. Within the 14-day period, the police must bring the accused before a prosecutor to be formally charged. If additional time is needed to investigate the charge, a prosecutor may authorize the police to detain the suspect for an additional 30 days. Upon the expiration of the initial 44 days, a "judge of instruction" may authorize the police to hold the suspect for up to 120 additional days, in 30-day increments (for a total of 164 days), before the case is tried. The judge of instruction has the power to authorize release on bail, but that power is rarely, if ever, used. There were no reports of detentions in contravention of these standards.Pretrial detainees constitute nearly 70 percent of the total prison and jail population of 1,510. Of those held in police custody, 15 percent had already been convicted.The military police observed the requirement to hand over to the civil police civilians arrested for committing a crime in their presence. The military police continued to perform the immigration function at the country's borders and airports but no longer investigated civilian crimes.While not specifically forbidden by law or the Constitution, exile is not practiced as a means of political control. e. Denial of Fair Public TrialAlthough the Constitution provides for an independent judiciary and the right to a fair public trial in which defendants have the right to counsel, the effectiveness of the civilian and military courts is limited. The courts assign lawyers in private practice to defend prisoners and pay them from public funds. The courts must, and in practice do, free a detainee who is not tried within the 164-day period. Trials are before a single judge, with the right to appeal. There is little firm evidence of the extent to which corruption affects the court system, but the entire criminal justice system was subjected to severe strain in previous years when the military controlled the Government and prominent members of the judiciary were involved with, or afforded protection to, drug traffickers.Military personnel are generally not subject to civilian criminal law. A soldier accused of a crime immediately comes under military court jurisdiction, and military police are responsible for all such investigations. Military prosecutions are directed by an officer on the public prosecutor's staff, and take place in separate courts before two military judges and one civilian judge. The military courts follow the same rules of procedure as the civil courts. There is no appeal from the military to the civil system.Since the change in military leadership in 1993, coordination between the military police and the civil police has improved, and there were no further instances of military interference in civilian police investigations. The pervasive climate of fear and intimidation that previously prevented cases involving military personnel or drug traffickers from being tried began to dissipate, and prospects for the impartial administration of justice began to improve. However, although the Government arrested the former military police commander in January on drug charges and tried him before a military tribunal, the court released him on August 8 due to "lack of evidence."There were no reports of political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution provides for the right to privacy. The law requires warrants for searches, which are issued not by judges but by quasi-judicial officers who supervise criminal investigations. The police obtain them in the great majority of investigations. The new military command curbed invasions of privacy by the military such as the illegal monitoring of telephone calls, monitoring the movements of human rights advocates, and threatening government officials, policemen, politicians, human rights workers, and journalists. Although some persons continued these activities on occasion, the military authorities reportedly did not authorize them to do so.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and expression of opinion through the printed press or other media, and the Government generally respects these rights. The parliamentary and extraparliamentary opposition criticize the Government freely. In at least one instance, however, the Government acted arbitrarily in response to criticism. The authorities arrested a Dutch journalist of Surinamese descent in May, after he charged in a Dutch magazine that members of the Government were corrupt. They detained the journalist in a cell for over 6 weeks for disturbing the public order but filed no formal charges, and then deported him.The Government's incomplete control over the military allows the former military leadership to intimidate members of the media into practicing self-censorship and not publishing reports they think the military leaders will find objectionable.Suriname's two daily newspapers and most of its radio stations are privately owned. The two television stations and one of the radio stations are publicly owned. The Government did not attempt to interfere with publications or to abridge academic freedom. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for the right to assemble peacefully and to form associations for nonviolent purposes, and the authorities respect these rights in practice. The law requires official registration of associations and permits for most large public meetings, which the authorities routinely issued. Political and other meetings take place unhindered. c. Freedom of ReligionThe Constitution provides for freedom of religion and the authorities respect it in practice. Foreign clergy are allowed to minister to both local and expatriate congregations, and missionaries enter the country freely to proselytize. Adherence to a particular faith is neither a bar to, nor a requirement for, entry into political, economic, or social fields. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens may change their residences and work places freely and travel abroad as they wish. Political dissidents who emigrated to the Netherlands and elsewhere during the years of military rule are welcome to return. Few of them have chosen to do so. Citizenship is not revoked for political reasons.Suriname continued to provide refuge to a small number of Haitian migrants. It does not forcibly repatriate refugees.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe Constitution provides for this right, but in the past the military prevented its effective exercise. Although the Surinamese military has twice handed over power to elected civilian governments following coups, one elected government has not yet succeeded another in accordance with constitutional provisions. The current Government is still in the process of institutionalizing democratic, constitutional rule.The Constitution stipulates that power and authority rest with the people and provides for the right to change the government through the direct election by secret ballot of a National Assembly of 51 members every 5 years. The National Assembly then elects the President by a two-thirds vote. If the legislature is unable to do so, as was the case after the 1991 election, the Constitution provides that a national People's Assembly comprising Members of Parliament and regional and local officials shall elect the President.The Constitution provides for the existence of political parties, and many parties and political coalitions are represented in the National Assembly. Although the Constitution proscribes racial or religious discrimination, several factors limit the participation of Maroons and Amerindians in the political process. Most of the country's political activity takes place in the capital and a narrow belt running east and west of it along the coast. The Maroons and Amerindians are concentrated in remote areas and therefore have limited access to, and influence in, the political process. There is a small Maroon political party which holds three seats in the National Assembly and belongs to an opposition coalition. There are no Amerindian political parties. There are four Maroons, one Amerindian, and three women in the National Assembly. There are no Maroons, Amerindians, or women in the Cabinet.There are historical and cultural impediments to equal participation by women in leadership positions in government and political parties. In the past, most women expected to fulfill the role of housewife and mother, thereby limiting opportunities to gain political experience or position. Participation by women in politics (and other fields) was generally considered inappropriate. While women have made limited gains in attaining political power in recent years, political circles remain under the influence of traditional groups and women are disadvantaged in seeking high public office.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsNongovernmental human rights organizations operated freely in Suriname. The National Institute of Human Rights, funded by the Government but authorized to act independently, is widely regarded as inactive and ineffective. Nonetheless, its chairman stated that cabinet members often implement its recommendations. When the Institute's five members' 10-year terms expired, President Venetiaan did not appoint new members and refused to accept letters of resignation, thus extending their tenure indefinitely.The Government reacted negatively to calls for investigations into past possible human rights violations and refused to initiate such studies. It failed to implement several recommendations by the Inter-American Commission on Human Rights that it investigate killings during the tenure of the military regime. The Government has not had to deal with any outside requests for more recent human rights investigations or charges that it had violated human rights.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution and laws do not differentiate among citizens on the basis of their ethnic origins, religious affiliations, or other cultural differences. In practice, however, several groups within society suffer various forms of discrimination. WomenWomen have a legal right to equal access to education, employment, and property. Nevertheless, social pressures and customs inhibit their full exercise of these rights, particularly in the areas of marriage and inheritance. The law does not differentiate between domestic violence and other forms of assault, and the Government has not specifically addressed the problem of violence against women. According to a national women's group, victims reported approximately 425 cases of violence against women. It remains a problem at all levels of society. ChildrenThe Government makes only limited efforts to ensure the human rights and welfare of children. In the capital, where most of the country's population is concentrated, there are some orphanages, and a privately funded shelter for sexually abused children opened in 1993. Elsewhere, distressed children must usually rely on the resources of their extended families. Both in the capital and in the country's interior, some school-age children do not have access to education because of a lack of transportation, facilities, or teachers. Indigenous PeopleMost Amerindians and Maroons suffer a number of disadvantages and have only limited ability to participate in decisions affecting their lands, cultures, traditions, and natural resources. The nation's political life, educational opportunities, and jobs are concentrated in the capital and its environs, while the majority of Amerindians and Maroons live in the interior. Government services in the interior became largely unavailable and much of the infrastructure was destroyed during the 1986-91 domestic insurgencies; progress in reestablishing services and rebuilding the infrastructure was very slow. Although the peace accords ending the insurgencies provided for the appointment of a Consultative Council for the development of the interior, including representatives of the Maroon and Amerindian communities, the Government has not yet appointed that Council. The Government did not consult with representatives of the Amerindian and Maroon communities about the granting of gold and timber concessions in areas they inhabit. People with DisabilitiesThere are no laws concerning access for disabled people and no provisions for making private or public buildings accessible to them. There are also no laws mandating that they be given equal consideration when seeking jobs or housing. However, there are some training programs for the blind and others with disabilities.Section 6 Worker Rights a. The Right of AssociationThe Constitution provides for the right of workers to associate and to choose their representatives democratically. At least 40 percent of the work force is organized into unions, most of which belong to one of the country's six major labor federations. Unions are independent of the Government and play an active role in politics. A small Labor Party, which is independent of the labor movement but includes the chairmen of two of the most influential labor federations in its leadership, is part of the ruling four-party coalition and provides three Cabinet members.There are no restrictions on unions' international activities. Several labor federations were reaccepted as affiliates of international trade union organizations in the late 1980's, after having been suspended for collaboration with the military regime earlier in the decade.The Constitution also provides for the right of nongovernment employees to strike. Civil servants have no legal right to strike or mount other labor actions, but in practice they are able to do so. Strikes in both the public and private sectors were common as workers tried to secure wage gains to protect their earning power from rapid inflation. b. The Right to Organize and Bargain CollectivelyThe Constitution explicitly recognizes these rights and the authorities respect them in practice. Collective bargaining agreements cover approximately 50 percent of the labor force. The law prohibits antiunion discrimination by employers, and there are effective mechanisms for resolving complaints of such discrimination. Employers must have prior permission from the Ministry of Labor to fire workers, except when discharging an employee for cause. The Labor Ministry individually reviews dismissals for cause; if it finds a discharge unjustified, the employer must reinstate the employee.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits forced or compulsory labor, and there were no known instances of it. d. Minimum Age for Employment of ChildrenThe law sets the minimum age for employment at 16 years. The Ministry of Labor and the police enforce this law only sporadically, however. Those under 16 years of age are often employed as street vendors, newspaper sellers, or shop assistants. School attendance is compulsory until the age of 12. e. Acceptable Conditions of WorkThere is no minimum wage legislation. The Government's lowest wage for a civil servant is about $6 (SF3085) a month, which will not provide a decent living for a worker and family. The Government sets civil service wages and the National Assembly approves them.Work in excess of 9 hours per day or 45 hours per week on a regular basis requires special government permission, which is routinely granted. Such overtime work earns premium pay. The law requires one 24-hour rest period per week.A 10- to 12-member inspectorate of the Occupational Health and Safety Division of the Ministry of Labor is responsible for enforcing legislated occupational safely and health regulations.There is, however, no law authorizing workers to refuse to work in circumstances they deem unsafe. They must appeal to the inspectorate to declare the workplace situation unsafe. Resource constraints and lack of trained personnel preclude the division from making regular inspections of Surinamese industry. Accident rates in local industry do not appear to be high, and the key bauxite industry has an outstanding safety record.</text>
</content>
<name>Suriname </name>
<script></script>
</card>
card_66562.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SUDAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Non-Muslims continued to criticize the Government's favoritismof Islam over other religions. As the basis of Sudan's Arabculture, all citizens are exposed to Islamic ideas set forth inthe Koran. In the Popular Defense Forces, all trainees,including non-Muslims, are indoctrinated in the Islamic faith.In prisons, government-supported Islamic NGO's offerinducements to, and exert pressure on, non-Muslim inmates toconvert. There were also reliable reports that, in some warzones, Islamic NGO's withheld food and other key services fromthe needy unless they converted to Islam.In SPLA/SSIM-controlled areas, Christians and Muslims weregenerally allowed to worship freely. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Government restricted freedom of movement by denying exitvisas to some categories of persons (such as policemen anddoctors). The Government also kept lists of political figuresand others not permitted to travel abroad. Because of tensionswith Egypt, the authorities denied many requests for travel tothat country.Women may not travel outside of Sudan without the permission oftheir husbands or male guardians. Some former politicaldetainees were forbidden to travel outside of Khartoum.Movement was generally free for other Sudanese outside of thewar zones, but those who failed to produce an identity card atcheckpoints risked arrest. Foreigners needed permits, whichwere hard to obtain and often refused, for domestic traveloutside of Khartoum. (Diplomats, however, could travel freelyto many locations.) Foreigners had to register with the policeon entering the country, seek permission to move from onelocation to another, and reregister at each new location within3 days of arrival. Foreign NGO staff sometimes had problemsobtaining entry visas to Sudan or work or travel permits oncethey were in country.The SPLA/M and SSIM require NGO personnel to obtain permissionbefore they travel to areas they control. Such permission isgranted regularly. However, the SPLA/SSIM would not give suchpermission to most Islamic NGO's (many of which have ties tothe Government or the NIF). There were reports of SPLA/SSIMabuse and mistreatment of NGO personnel.Tens of thousands of persons, largely southerners andwesterners displaced by famine and civil war, continued to livein squatter slums in the Khartoum area. Throughout 1994 theGovernment razed thousands of squatter dwellings in this area.As in the case of the destruction of the Khuddeir squatterssettlement in October (see below), inhabitants of thesedwellings knew that their homes were slated for destruction,but they were not told precisely when it would occur.Bulldozers would typically arrive unannounced in a neighborhoodand carry out the razings the same day. Tens of thousands weremade homeless and often forcibly moved to resettlement sitesoutside the city, where conditions were harsh and distancesfrom employment opportunities great.In October the Khartoum state government used excessive forcein meeting a protest demonstration by squatters from theKhuddeir settlement of Omdurman, killing at least five personsand wounding dozens (see Section 1.g.). The protestdemonstration took place after the Khartoum state governmenthad reneged on its promise to resettle them in nearby areas andhad determined to move them to a distant camp. The Khuddeirresidents had filed a legal case against the state government,but the latter set its bulldozers in action before the courtshad a chance to rule on the case.Sudan accorded refugees relatively good treatment. At the endof the year, the population of officially registered refugees(largely composed of Ethiopians and Eritreans) was about600,000, about half of whom received assistance from the UnitedNations High Commissioner for Refugees (UNHCR), and UNHCRresettlement of refugees to third countries proceededsmoothly. There were no reports of forcible repatriation ofrefugees, regardless of their status, in 1994. Refugees couldnot become resident aliens or citizens of Sudan, regardless oftheir length of stay. However, the Government tolerated alarge number of refugees and allowed them to work, althoughtypically in menial occupations in the cities. Thousands ofSudanese refugees fled to Uganda in 1994, as a result of thefighting between the Government and the insurgency andSPLA/SSIM infighting. There were also refugee flows from Sudanto Ethiopia and Kenya as well.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens had neither the right nor the ability to change theirgovernment peacefully. Political power remained solely in thehands of a small group of unelected military officers and theNIF leadership. The NIF continued to increase its power at theprovincial and state level.In 1989 the RCC abolished all political parties and detainedtemporarily the major party leaders, and in 1990 rejected bothmultiparty and one-party systems. In 1992 the RCC institutedthe Transitional National Assembly (TNA) based on aLibyan-style political structure with ascending levels ofnonpartisan assemblies. The Government appointed its members,largely progovernment deputies. Although individual membersoccasionally criticized government policies, the TNA remained arubber-stamp body, whose main function was to ratifylegislation proposed by the Executive.In April the General Elections Act, promulgated by provisionaldecree by the President and pending ratification by the TNA,specified that an undefined government-appointed body, theGeneral Elections Corporation, will select all candidates whowill be permitted to run in the general elections. TheGovernment plans to hold elections in March 1995 for stateassemblies. It will appoint 10 percent of the assemblymembers, each state's popular committees will elect 45 percentof the members, and the people will elect the remaining 45percent. The Government plans to have the elections for theTransitional National Assembly shortly after the state assemblyelections.Although government rhetoric supported ending the civil war,the Government launched major military offensives in the souththroughout the year. Rival rebel factions continued to fightintermittently among themselves. In a bid to mediate theconflict, the Intergovernmental Authority on Drought andDevelopment (IGADD), a regional body that comprises Djibouti,Eritrea, Ethiopia, Kenya, Uganda, and Sudan, sponsored severalnegotiating rounds between the Government and the rebels. Byyear's end, the negotiations were stalemated due to theintransigence of the various warring parties, whose commitmentto peace was questionable. Prospects for a negotiatedsettlement remained slim.Although there were no women in the highest ranks ofgovernment, women in lesser positions played a modest role inday-to-day government operations. One of the governors ofSudan's 26 states was a woman, and there were a few female TNAmembers. The NIF did not, however, encourage femaleinvolvement in politics.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government tried to stamp out any domestic criticism onhuman rights issues by frequently and vehemently denying anyresponsibility for human rights abuses. Since the 1989 coup,the Government has banned local, independent human rightsorganizations. However, the Christian church organizations,SCCB and the SCC, continued to seek to monitor and publicizehuman rights abuses, especially religious discrimination.In 1991 the Government created the Sudan Human RightsOrganization (SHRO)--not to be confused with the previous SHRO,which it dissolved after the 1989 coup--to defend its humanrights record. This organization has yet to criticize theGovernment. In an attempt to demonstrate the regime's concernfor human rights, the TNA adopted in 1993 the "Sudan Documentof Human Rights" and created a human rights committee. Afterthe latter began quietly investigating cases of disappearances,however, the Government dismissed its members in July andappointed new members. The new members have shown noinclination to criticize or investigate the Government's humanrights record.The Government was highly defensive about foreign criticism ofits human rights record. It bitterly denounced the Februaryreport on Sudan by the U.N. Special Rapporteur on Human Rightsin Sudan, Gaspar Biro, and bitterly attacked him personally.Much of the Government's response to the detailed anddocumented report consisted of denunciations of therapporteur's age, qualifications, and integrity, and ofaccusations that he was hostile to Islam. The Governmentdeclared that because of the rapporteur's alleged bias againstIslam, he was no longer welcome to visit Sudan.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenSome aspects of Sudanese law and many traditional practicesdiscriminate against women. Gender segregation iscommonplace. In keeping with Islamic law, Muslim women are notaccorded the same property, inheritance, and family rights asMuslim men. Women typically inherit half as much of the estateof a man with the same degree of kinship, and only men mayinitiate legal divorce proceedings. These rules apply only toSudanese Muslims and not to those of other faiths. Women arediscriminated against in employment, and only a small number ofwomen worked in the professions, the police, and the military.Government directives require women in government offices andfemale students and teachers to conform to Islamic dresscodes. Enforcement of the dress code regulations was uneven,but at times severe. On New Year's Eve of 1993, securityforces raided many of Khartoum's private clubs and arrestedseveral Muslim women for allegedly wearing clothes that did notconform with the Government's version of modest dress. Theauthorities punished several of these women by lashing.Violence against women appears to be common, especially wifebeating, although accurate statistics do not exist. TheGovernment has not addressed the issue of violence againstwomen; nor was it discussed publicly. The police do notnormally intervene in domestic disputes, and there were noreports of court cases involving violence against women in1994. For cultural reasons, many women are reluctant to fileformal complaints against such abuse. Women refugees from thesouth were particularly vulnerable to harassment and sexualabuse.Among some southern tribes, rape is common. No blame isattached to the practice, although the man involved must paythe woman's family if she becomes pregnant. Among some ethnicgroups, wives are taken on a trial basis lasting up to 4years. The husband may dissolve the marriage during thisperiod by returning the wife to her family, although he mustpay a price for each child born during this time. Such wivesreportedly may contract further marriages and are notstigmatized by having been returned. ChildrenGovernment practice, as opposed to government rhetoric,demonstrated no significant concern for the rights and welfareof children. A considerable number of children sufferedserious abuses, including occasional enslavement, in the warzones. There were recurrent reports that the SPLA heldthousands of children in camps against their will and used themas a reservoir of recruits for its military forces.There continued to be credible but unconfirmed reports of theexistence of special camps where people from the north or fromabroad come to purchase women and children. In his report tothe U.N. Commission on Human Rights, the U.N. SpecialRapporteur noted eyewitness accounts which revealed consistentreports of the locations of camps. Young girls and women arereportedly purchased for housekeepers and in some cases wives.The boys are reportedly kept as servants (see Section 6.c.).The Government runs several camps for vagrant children. Policeperiodically sweep the streets of Khartoum and other majorcities, taking children whom police personnel deem homeless tothe camps, where they are detained for indefinite periods.These children may not leave the camps and are subjected tostrict discipline and physical and military training. Healthcare and schooling at the camps are generally poor; basicliving conditions are also often primitive. All the children,including non-Muslims, must study the Koran, and there ispressure on non-Muslims to convert to Islam. Children in thecamps are often incorporated into the PDF.Female genital mutilation (FGM), although illegal, iswidespread, especially in northern Sudan. As many as 90percent or more of females in the north have been so mutilated,with consequences that sometimes have included severe urinaryproblems, infections, and even death. Pharaonic mutilation(infibulation), the severest of the three types, is the mostcommon and is usually performed on girls between 4 and 7.Because few physicians will perform the operation, it is mostoften done by paramedical personnel in improvised, unsanitaryconditions, causing severe pain and trauma to the child. Womendisplaced from the south to the north reportedly areincreasingly imposing FGM upon their daughters, even if theythemselves have not been subjected to it. National/Racial/Ethnic MinoritiesSudan's population of 24.9 million is a multiethnic mix of over500 Arab and African tribes with scores of languages anddialects. The Arab, Muslim culture in the north and centralareas and the non-Muslim, black African culture in the southare the two dominate cultures. The west has a smallerpopulation of Muslim black Africans. Northern Muslims, whoform a majority of about 16 million, have traditionallydominated the Government. In response, the southern ethnicgroups fighting the civil war want independence, or, at aminimum, the right to self-determination.The Muslim Arab majority and the NIF-dominated Governmentcontinued to discriminate against ethnic minorities in almostevery aspect of society. Residents in Arabic-speaking areaswho do not themselves speak Arabic are discriminated against ineducation, jobs, and other opportunities.The Arabization of instruction in higher educationdiscriminated against non-Arabs. To compete for a universityslot, students completing high school had to pass examinationsin four subjects--English, mathematics, Arabic, and religiousstudies. Even at the university level, exams for all subjectsexcept English were in Arabic, disadvantaging nonnative Arabicspeakers. Religious MinoritiesAlthough the law recognizes Sudan as a multireligious country,in practice, the Government treats Islam, the religion of themajority, as the state religion. Muslims are the majority andpredominate in the north, but are in the minority in the mostlyChristian or animist south. There are also 1 to 2 millionChristian or animist displaced southerners, and about 500,000Copts, in the north.In government-controlled areas of the south, there was credibleevidence of a policy of Islamization, as NIF supporters oftenreplaced non-Muslim civil servants. All non-Muslim judges havebeen transferred to the north, where they are relegated tolow-level tasks such as adjudicating traffic disputes. In thenorth, some non-Muslims lost their jobs in the civil service,the judiciary, and other professions. Few non-Muslimuniversity graduates found government jobs at all. Frequentdismissals in the army and police purged professionals to makeroom for NIF supporters. Some non-Muslim businessmencomplained of petty harassment and discrimination in theawarding of government contracts and trade licenses. People with DisabilitiesThe Government does not discriminate against handicappedpersons, but it has not enacted any special legislation ortaken other steps, such as mandating accessibility to publicbuildings and transportation for the disabled.Section 6 Worker Rights a. The Right of AssociationAlthough Sudan had a strong labor union movement during thegovernment of Sadiq al-Mahdi, the RCC abolished the precouplabor unions, closed union offices, froze union assets, forbadestrikes, and prescribed stiff punishments, including the deathpenalty, for violations of RCC labor decrees. The Governmentdismissed many labor leaders from their jobs or detained them,although most of those arrested were later freed. In 1994,however, the Government detained without charge a number ofunion activists suspected of antiregime activities. In Marchthe International Labor Organization (ILO) Committee on Freedomof Association deplored the detention of two trade unionistsand expressed consternation at the death sentence pronouncedagainst a third (even though he was later pardoned) for callinga strike.Prior to the new Labor Law instituted in 1992, the Governmenthad established preliminary, government-controlled steeringcommittees in 1989 and 1990 to manage union affairs. Undertight control of these committees, the Sudan Workers TradeUnions Federation (SWTUF), the leading blue-collar labororganization with about 800,000 members, was restored with itsleadership unchanged and its assets returned. In 1992 localunion elections were held, after a delay to permit the steeringcommittees to arrange the outcomes. The elections resulted ingovernment-approved slates of candidates voted into office byprearranged acclamation.Although the Government continued to forbid strikes, some 70employees of the state-owned telephone company struck inAugust. In September the company fired the 70, and theauthorities detained 18 of them for periods as long as 2 weeks.The U.S. Government in 1991 suspended Sudan's eligibility fortrade benefits under the Generalized System of Preferencesbecause of its violations of worker rights.Unions remained free to form federations and affiliate withinternational bodies, such as the African Workers' Union andthe Arab Workers' Union. b. The Right to Organize and Bargain CollectivelyAn RCC constitutional decree of June 30, 1989, temporarilysuspended the right to organize and bargain collectively.Although these rights were restored to organizing committees inSeptember of the same year, government control of the steeringcommittees meant in practice that the Government dominates theprocess of setting wages and working conditions. The continuedabsence of labor legislation allowing for union meetings,filing of grievances, and other union activity, greatly reducedthe value of these formal rights. Although local unionofficials raised some grievances with employers, few carriedthem to the Government. Wages are set by a tripartitecommittee comprising representatives of the Government, thelabor unions, and business. Specialized labor courtsadjudicate standard labor disputes.In 1993 the Government created two export processing zones. Bythe end of 1994, however, they existed only on paper, and theGovernment had not yet made clear whether or not Sudanese laborlaws would apply fully in these zones. c. Prohibition of Forced or Compulsory LaborAlthough the law prohibits forced or compulsory labor, slaverypersists. The taking of slaves, particularly in war zones, andtheir export to parts of central and northern Sudan continuedin 1994. Captives were forced to do agricultural and domesticwork, and some women were forced to serve as concubines.Although in some instances local authorities took action tostop instances of slavery, in other cases the authorities didnothing. There were also several unconfirmed reports that somecaptives were exported to Libya. In its 1993 World LaborReport, the ILO noted that traditional slavery survived and isincreasing in modern-day Sudan in the context of the ongoingcivil war (see Section 5).The SPLA and SSIM continued to force southern men to work aslaborers or porters or forcibly conscripted them into theirfighting forces. d. Minimum Age for Employment of ChildrenThe legal minimum age for workers was 16, but the law wasloosely enforced by inspectors from the Ministry of Labor inthe official or wage economy. Children as young as 11 or 12worked in a number of factories, particularly outside of thecapital, including the oil mills at Um Ruwaba. In addition,gross poverty in Sudan has produced widespread child labor inthe informal, unregulated economy. In rural areas, childrentraditionally assist their families with agricultural work froma very young age. e. Acceptable Conditions of WorkThe legislated minimum wage is enforced by the Ministry ofLabor, which maintains field offices in most major Sudanesecities. Employers generally respect the minimum wage. Workerswho are denied the minimum wage may file a grievance with thelocal Ministry of Labor field office, which is then supposed toinvestigate and take appropriate action if there has been aviolation of the law. In July the Government increased theminimum wage to $23 (approximately 9,000 Sudanese pounds) permonth. Given Sudan's soaring inflation, however, this wage isinsufficient to support the average Sudanese worker and hisfamily.The workweek is limited by law to 6 days and 48 hours, with aday of rest on Friday. Although Sudanese laws prescribe healthand safety standards, working conditions were generally poor,and enforcement by the Ministry of Labor minimal. The law doesnot address the right of workers to remove themselves fromdangerous work situations without loss of employment.</text>
</content>
<name> </name>
<script></script>
</card>
card_66465.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SUDAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SUDANAfter the 1989 coup that overthrew Sudan's democraticallyelected government, the military assumed power under Lt.General Omar Hassan al-Bashir and his National SalvationRevolution Command Council (RCC). Bashir and the RCC suspendedthe 1985 Constitution, abrogated press freedoms, and banned allpolitical parties and trade unions. In 1993 the RCC dissolveditself and appointed Lt. General Bashir President. However,since 1989 real power has rested with Hassan al-Turabi and hisNational Islamic Front (NIF). NIF control over governmentoperations was further solidified with the end of the RCC, andNIF members and supporters held most key positions in theGovernment, security forces, judiciary, academia, and themedia. The NIF continued to consolidate its power in 1994.Although legislative authority theoretically rests with thegovernment-appointed Transitional National Assembly (TNA), thenew Government maintained the RCC's suspension of the 1985Constitution and continued to restrict most civil liberties.The civil war in Sudan continued, despite efforts by Kenya,Uganda, Ethiopia, Eritrea, and Sudan, under the auspices of theIntergovernmental Authority on Drought and Development (IGADD),to seek a peaceful solution to the conflict. Government forceslaunched a major offensive against the Sudanese People'sLiberation Army (SPLA), gaining some ground, displacingthousands of civilians, and causing new outflows of refugees.In the second half of the year, however, the SPLA took theoffensive, overrunning Amadi, besieging Kapoeta, and attackingother government-held positions. By year's end, the Governmenthad suffered heavy casualties, its hold on Kapoeta had becomeprecarious, and it had been forced, because of SPLA pressure,to postpone its planned dry-season offensive. Despite SPLAsuccesses, divisions between the SPLA (mainstream faction), ledby John Garang, and the South Sudan Independence Movement(SSIM), formerly the United faction of the SPLA, led by RiakMachar, continued to hamper the insurgency's effectiveness inbattling the Government.In addition to the regular police and Sudan People's ArmedForces (SPAF), the Government maintains an Islamic militia, thePopular Defense Forces (PDF), and an Islamic police force, thePopular Police, whose mission includes enforcing proper socialbehavior, including restrictions on alcohol and "immodestdress."Civil war, economic mismanagement, high inflation, over 2.5million internally displaced persons, and a refugee influx fromneighboring countries have devastated Sudan's mostlyagricultural economy. Exports of gum arabic, livestock, andmeat accounted for over 50 percent of Sudan's 1994 exportearnings. Reforms aimed at privatizing state-run firms andstimulating private investment have failed to revive a moribundeconomy saddled with massive military expenditures.The dismal human rights situation showed no improvement in1994. Both the Government and insurgents committed serioushuman rights abuses, including massacres and extrajudicialkilling, kidnaping, and forced conscription. A myriad ofofficial and secret government security forces routinelyharassed, detained, and tortured opponents or suspectedopponents of the Government with impunity. Despite someimprovement in overall cooperation with U.N.-sponsored reliefoperations, both the SPAF/PDF and SPLA/SSIM periodicallyobstructed the flow of humanitarian assistance to affectedpopulations.The Government and rebels continued to restrict most civilrights, including the rights to free speech and association.In the context of the Islamization and Arabization drive,pressure--including forced Islamization--on non-Muslimsremained strong. Fears of Arabization and Islamization and theimposition of Shari'a (Islamic law) have fueled support for thesouthern insurgency. Serious abuses against women and childrencontinued.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingOfficial and unofficial government forces committed anundetermined number of political killings of persons suspectedof belonging to or collaborating with the insurgent SPLA.There were also credible reports that government forcesexecuted over 20 Chadian dissidents in western Sudan in Januaryand killed at least 3 students while putting down anantigovernment riot in El Obeid in February.There are credible reports that security forces beat andtortured to death detainees. For example, police beat to deathMustafa Azraq, a street vendor, who had been in police custodyin Khartoum for less than 24 hours. Similarly, in Septembersecurity forces tortured to death opposition activist AbdelMeneim Rahma in Wad Medani. The Government routinely deniedany wrongdoing and has yet to discipline publicly any officialguilty of political or extrajudicial killing since it came topower in 1989.In an incident highlighting intra-Islamic divisions, inFebruary gunmen linked to al Muslimin, a small extremistIslamic sect, murdered 16 worshipers and wounded over 20 moreat a mosque in Omdurman because they had "betrayed" Islam. Theattackers also allegedly planned to kill leading Saudi IslamistBin Laden and NIF leader Hassan al-Turabi. Police killed twoof the gunmen following a shoot-out, and captured a third,along with an accomplice who did not participate in theshootings. Their trial, conducted by a special court presidedover by a government-appointed judge linked to the NationalIslamic Front, lasted from July to September. Crediblegovernment sources conducting the pretrial investigationcomplained that the Government was suppressing evidence,downplaying, in particular, the gunmen's ties to senior membersof the Government and the NIF. In September the courtsentenced the surviving gunman to death and his accomplice to10 years in prison. The death sentence was carried outimmediately.There were also credible reports that both the SPLA and SSIMcarried out egregious political and extrajudicial killings andmassacred civilians during combat operations. In October theSSIA (the armed wing of the SSIM) was responsible for themassacre of more than 100 residents in the town of Akot, manyof whom were killed in their beds at the Akot hospital. TheAkot massacre was part of the endemic fighting between therival southern insurgent movements (SPLA/Mainstream and theSSIM). b. DisappearanceThe Government was responsible for continued arrests andsubsequent disappearances of persons suspected of supportingthe rebels in government-controlled areas in the South and NubaMountains. Scores of persons arrested by government forces inJuba in 1992, including two local U.S. Agency for InternationalDevelopment employees, Dominic Morris and Chaplain Lako,remained unaccounted for, and most are believed dead. However,there were reliable reports that at least a few of thosearrested then were being held in a Khartoum prison; theGovernment has stated it has no knowledge of their whereabouts. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Government's official and unofficial security forcescontinued routinely to beat and torture suspected opponents.In May security personnel arrested and badly beat elderlysouthern politician Eliaba Surur for having contacts with theU.S. Embassy. He later required brain surgery to remove ablood clot, suffered as a result of his beating. Securityforces arrested and beat scores of students after antiregimedemonstrations in El Obeid and Wad Medani in February andApril. Eyewitnesses in Wad Medani reported that the police haddeliberately broken limbs of some of the arrested studentdemonstrators. During the January trial of a group accused ofconspiring to commit sabotage (see Section 1.e.), thedefendants stated that they had been brutally tortured. Court-appointed medical examiners confirmed that at least seven hadbeen tortured; some had been badly burned.Throughout the year the security forces detained governmentopponents incommunicado, often for months, in unofficialprisons known as "ghost houses." Some inmates released in 1994commented that conditions had improved compared to previousyears. However, inmates in ghost houses were still subject totorture, including whipping and clubbing; suspension by thewrists; application of electric shocks; burning with hot irons;submersion in hot and cold water; deprivation of food, water,sleep, and access to toilet facilities; confinement inovercrowded and unsanitary quarters; deprivation of medicalcare; and psychological torture.There were, however, fewer reports of torture in ghost housesin 1994 than in previous years. The Government has neverpublicly disciplined any security official for torture,although its use is widely known.There were credible and recurrent reports that both governmentand insurgent forces in the field periodically raped women andthat police personnel sometimes raped female detainees. Therewere also credible reports that SPLA and SSIM forces torturedsome of their prisoners.Conditions in official prisons were harsh but generally notlife-threatening. Almost all prisons were built beforeindependence in 1956 and are poorly maintained. Many lackbasic facilities like toilets or showers. Health care isprimitive and food inadequate. Minors are often held withadults. Female prisoners are kept separately from men, andrape in prison (as opposed to police stations) does not appearto be a major problem.Sudan's 1991 Criminal Act, based on the Shari'a, mandatesspecific "hudud" punishments, including amputation, stoning,and lashing, for some offenses. The courts handed down severalsentences involving amputations in 1994, of which at least onewas carried out. The Government routinely meted out lashings,most often to persons convicted of brewing or consumingalcohol, following trials that did not meet internationallyaccepted standards of fairness (see Section 1.e.). In July theauthorities lashed Abdoullahi Yusif and his brother MohannaMohammed of Wad Medani for alleged apostasy; Mohanna had to behospitalized as a result. d. Arbitrary Arrest, Detention, or ExileThe 1991 Criminal Code does not include provisions concerningthe length of detention of security and other detainees, andthe Government routinely detained persons without charge andwithout reference to the judiciary. The state of emergencyintroduced following the 1989 coup authorizes the Government toarrest people without using warrants and to detain themindefinitely without charge or trial. Under the NationalSecurity Act, the Government may detain a suspect forinterrogation for up to 72 hours. This is renewable for up to1 month with "justification," which is not defined.Also under the 1992 National Security Act, the President hasthe power to authorize "precautionary detention" for up to 3months "to preserve the general security," but in practice thisauthority rests with subordinate officials. A person detainedunder this provision theoretically must be notified of thereasons for detention within these 3 months, and the Presidentmay extend detention for 3 more months if a magistrate approvesthe extension. In practice, these legal provisions areroutinely ignored as the authorities often detain opponents inghost houses indefinitely.The law allows for bail, except for those accused of crimespunishable by death or life imprisonment. In theory, theGovernment provides legal counsel for indigents in the case ofcrimes punishable by death or life imprisonment. However,courts sometimes fail to inform defendants of this right.Moreover, in some cases counsel is only allowed to advise thedefendant and may not address the court. Thus, despite somelegal protections, detainees have few rights and are oftensubject to arbitrary, and in many cases, incommunicadodetention.The Government's secrecy and arbitrary detention practices madeit impossible to know the exact number of political detaineesand prisoners. Although the Government continued to pick upand detain suspected opponents across the country, the numberof new arrests decreased compared to previous years.After brief detentions in April 1993 and April 1994 in which hewas questioned about his opposition activities, Sadiq al Mahdiwas again arrested and held for 12 days. The Governmentalleged that al Mahdi and his two supporters, Hamad Bagadi andAbdul Rahman Farah, were involved in a conspiracy to overthrowthe Government that included assassinations and bombings.Although both al Mahdi and Bagadi made statements upon theirrelease admitting that Bagadi had passed information to aforeign intelligence service, the Government never pressedformal charges against any of the three. It released Bagadi andFarah in early July. The authorities detained Sid'AhmedHussein without charge on two occasions in 1994. In November1993, they arrested Hussein and held him in a ghost house untilFebruary 1994. In mid-April, they rearrested him and releasedhim in late May.The authorities picked up numerous other lower rankingopposition figures and others throughout the year and held somefor several months. Reasonable estimates of the number ofpolitical detainees ranged between several score and a fewhundred. The Government also continued its practice of defacto arrest of suspected opponents by requiring them to reportto security offices in the morning and wait all day for severaldays in a row. Those targeted for such harassment were unableto earn a livelihood. e. Denial of Fair Public TrialThe judiciary is not independent and is largely subservient tothe Government. The Chief Justice of the Supreme Court,formerly elected by sitting judges, is now appointed (as thesenior judge in the Sudanese judicial service, he also controlsthe judiciary). Since 1989 the authorities have replacedhundreds of judges considered ideologically unsuitable. Mostnew judges have ties to the NIF and favor strict application ofIslamic law (the Shari'a); many have little or no legaltraining. The RCC banned the respected Sudanese BarAssociation in 1989 and replaced it with a government-appointedcommittee. Human rights monitors have pointed out that theGovernment continued to harass, detain, and torture members ofthe legal profession it views as political opponents.Sudan's judicial system includes four types of courts: regularcourts, both criminal and civil; special mixed security courts;military courts; and tribal courts in rural areas to resolvedisputes over land and water rights and family matters. The1991 Criminal Act governs criminal cases, whereas the 1983Civil Transactions Act still applies to most civil cases.Military trials, whose proceedings are secret and brief, do notmeet international standards.Trials in the regular courts nominally meet internationalstandards of legal protections. For instance, the accusednormally have the right to counsel, and the courts shouldprovide free legal counsel for indigent defendants accused ofcrimes punishable by death or life imprisonment. In practice,however, these legal protections are unevenly applied.In 1989 the Special Courts Act created special three-personsecurity courts to deal with a wide range of offenses,including violations of constitutional decrees, emergencyregulations, and some sections of the Penal Code, as well asdrug and currency offenses. Special courts, on which bothmilitary and civilian judges sit, handle most security relatedcases. Attorneys may advise defendants as "friends of thecourt" but normally may not address the court. Lawyerscomplain that they are sometimes granted access to courtdocuments too late to prepare an effective defense. Sentencesare usually severe and implemented at once. Death sentences,however, are referred to the Chief Justice and the Head ofState. Defendants may file appeal briefs with the ChiefJustice.In a case with political undertones, the trial of 2 suspectscharged with killing 16 persons at Omdurman's Thawara Mosquebegan in July. The majority of the victims were members of thepro-Saudi branch of the Ansar el Sunna sect which is opposed tothe NIF. Opposition figures charge that the Government or NIForganized the massacre, and their assertions were fueled by theappointment of a judge closely linked to the NIF to presideover the case. In September the court sentenced the survivinggunman to death and his accomplice to 10 years in prison. Thedeath sentence was carried out immediately.In April, despite the court's acknowledgment that confessionswere elicited through the use of torture, the court foundguilty 21 of 29 defendants accused of plotting bombings andsentenced them to prison terms ranging from 2 to 10 years. Thecourt found the confessions admissible evidence because thedefendants could not prove they were actually being tortured atthe time they confessed (see Section 1.c.). The court alsoclaimed that Islamic law allows torture, despite the bulk ofIslamic jurisprudence to dispute this assertion.In late 1994, the authorities released half a dozen formerofficers who had been sentenced for alleged coup plotting in1990 and 1991.The Government officially exempts the 10 southern states, whosepopulation is mostly non-Muslim, from parts of the 1991Criminal Act. But the Act permits the possible futureapplication of Shari'a in the south, if the local stateassemblies, envisioned in Sudan's new political system, sodecide. Moreover, in 1993 the Government transferred allnon-Muslim judges from the south to the north, replacing themwith Muslim judges. However, there were no reports that hududpunishments, other than lashings, were carried out by thecourts in government-controlled areas of the south. Fear ofthe imposition of Shari'a remained a key issue in the rebellion.Parts of the south and the Nuba mountains fell outside ofeffective judicial procedures and other governmentalfunctions. According to credible reports, government unitssummarily tried and punished those accused of crimes,especially offenses against civil order. In SPLA-held areas,there was some reliance on traditional justice by villageelders. However, the SPLA ultimately ruled by summary methods,including beatings, torture, and arbitrary execution. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Government routinely interferes with its citizens'privacy. Throughout 1994 security forces frequently conductednight searches without warrants. They targeted personssuspected of political crimes or also, in northern Sudan, ofdistilling or consuming illegal alcoholic beverages. Forexample, in March security forces broke up a family ceremony ina private home in memory of 28 officers executed in 1991 forcoup plotting. They arrested and beat 30 participants at thememorial service.A wide network of government informants conducted pervasivesurveillance in schools, universities, markets, workplaces, andneighborhoods. The authorities kept key opposition figuresunder frequent surveillance. The Government also continued itspractice of summarily dismissing military personnel and othergovernment employees whose loyalty it suspected. Dozens losttheir jobs throughout the year. Security personnel routinelyopened and read mail and tapped telephones.Government-instituted neighborhood "popular committees,"ostensibly a mechanism for political mobilization, served as ameans for monitoring households. These committees caused manySudanese to be wary of neighbors who could report them for"suspicious" activities, including "excessive" contact withforeigners. The committees also furnished or withhelddocuments essential for obtaining an exit visa from Sudan. Inhigh schools, students were sometimes pressured to joinproregime youth groups. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsSince the civil war began in 1983, at least 1.5 million peoplehave been killed as the result of fighting between the IslamicGovernment in the north and insurgents in southern Sudan. Thecivil war continued unabated in 1994, and all sides involved inthe fighting were responsible for abuses in violation ofhumanitarian norms. At year's end, the Government controlledmost of Sudan, except for parts of the south and the NubaMountains. All efforts undertaken by Sudan's neighbors (Kenya,Uganda, Ethiopia, and Eritrea) to seek a peaceful resolution tothe civil war under the auspices of IGADD were unsuccessful(see Section 3).Government forces launched a major offensive against the SPLA,gaining some ground, displacing thousands of civilians, andcausing new outflows of refugees. However, Government forcessuffered heavy casualties and were put on the defensive late inthe year when the SPLA took the offensive. SPAF units bombedcivilian targets indiscriminately, forcing thousands ofsouthern Sudanese to flee to neighboring Uganda and Kenya.Government forces were also responsible for the massacre ofcivilians, and throughout the year PDF forces regularly lootedand burned villages and killed civilians in "pacification" andother military operations, particularly around Aweil, Warrap,Thiet, and Tonj.By year's end the International Committee of the Red Cross(ICRC) access to war-wounded had improved, but the evacuationof wounded from certain localities in the south continued to besubject to authorization which was not systematically granted.The former Chief of Security in Kordofan Province, Khalid AbdEl Karim Salih, told the Arabic-language London-basedperiodical Al-Majallah in March that government forcessystematically targeted civilian populations in the NubaMountains, killing thousands.The SPLA and SSIM were also responsible for egregious abusesand attacks on civilians, exemplified by the massacre of morethan 100 residents of the southern town of Akot by SSIA forcesin October (see Section 1.a.). Approximately 300 members ofthe armed wing of the SSIM entered Akot on October 24 andkilled and wounded town residents, including several patientsat the Akot hospital who were killed in their beds. Severalthousand families fled Akot following the incident.In October police killed at least five people and woundeddozens of others at the Khuddeir Squatters Settlement inOmdurman when the Government forcibly resettled its residentsand demolished the slum (see Section 2.d.).Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Government severely curtails freedom of speech and press.Government intimidation and surveillance, fostered in part bythe informer network, continued to inhibit open, publicdiscussion of political issues. Radio, television, and thebulk of the print media are controlled entirely by theGovernment and required to reflect government and NIFpolicies. Sudan television had a permanent military censor toensure that the news reflected government views.In mid-1993, the Government adopted a new Press Code thatcalled for turning the existing state-owned print media intopublicly held companies. The Code also allowed the formationof new, private newspapers. Implementation of the Code hasbeen slow. The few publications that issued shares werepurchased by government ministries and state-ownedcorporations, thus keeping them under government control.In 1994 two privately owned dailies began publishing inaccordance with the new Code. After several months ofharassment, in April the Government shut down permanently theSudan al-Duwali, published by NIF supporter Mahjoub Irwa.Articles in the Sudan al-Duwali had been critical of governmentactions, including corruption, prompting the Government toaccuse the paper of circulating false information and serving"foreign circles and countries." Police also arrested andbriefly detained Majoub Irwa and two key journalists, Ahmad AlBagadi and Mutawakel Abd El Daafich, but did not charge thethree men with any crime. The other newly opened, privatelyowned daily, Al Ahbar Al Yaum, has followed a progovernmentline and has not encountered any problems.The Government often charged that the international, andparticularly Western, media have an anti-Sudan bias, and itroutinely confiscated issues of foreign publications that werejudged hostile to the Government. Although the Governmentperiodically granted foreign journalists entry and access towar zones and a variety of political leaders, security forcesclosely monitored their activities. In one instance in 1994,police briefly detained a journalist and confiscated his film.In June the Government closed the Khartoum office ofEgyptian-published opposition newspaper Al-Khartoum anddetained in a ghost house its local correspondent, Abdul Saeedfor 3 months. As a result of the Government's hostileattitude, many respected journalists who worked in the localmedia before 1989 have quit their jobs and left Sudan.After the coup, the Government harassed and dismissed manyacademics considered antiregime, and its practice of repressingopposition has had a chilling effect on academic debate.Government security forces continued to arrest and detainacademics linked with opposition parties. The Governmentcontinued to use political and ideological criteria inappointing new faculty. b. Freedom of Peaceful Assembly and AssociationThe authorities severely restricted these freedoms, permittingonly government-sponsored gatherings. The declaration of thestate of emergency and of martial law on June 30, 1989,effectively eliminated the right to assembly. Security forcesrepeatedly used excessive force in breaking up nongovernment-sponsored demonstrations (see Section 1.a.).Apart from a few indigenous NGO's involved in relief work andsports and social clubs, all private associations werecontrolled by the Government or the NIF. c. Freedom of ReligionAlthough the Government has stated that all religions should berespected and freedom of worship guaranteed, in practice theGovernment treats Islam as the de facto state religion and hasdeclared that Islam must inspire the country's laws,institutions, and policies. Various restrictions under theMissionary Societies Act of 1962 limited the ability ofnon-Muslims to practice their religion freely, and the 1991Criminal Act made apostasy by Muslims punishable by death.There were credible reports that security forces harassed,intimidated, and, in at least one confirmed instance,physically abused Christian converts in 1994. In Julyauthorities lashed and threatened with death Christian clanleader Sheikh Abdoullahi Yusuf and Mohanna Mohammed forapostasy. In April the police arrested and detained withoutcharge three Catholic Church volunteers from Egypt and aCatholic clergyman for alleged threats to the security of theState. In May the authorities released the Sudanese clergymanand expelled the three Egyptians from the country at the sametime.Authorities continued to restrict the activities of Christiansin 1994. The law forbids proselytizing of Muslims, but Muslimsare allowed to proselytize freely. The Government requiredmissionary groups to apply for special licenses, and workpermits for foreign missionaries remained difficult to obtain.The Government continued to deny permission to build churches,and in the north, no new churches have been built since theearly 1970's. There were also reliable reports that in somewar zones, government forces closed churches and restrictedmovements of Christian clergy. The Sudan Catholic Bishops'Conference (SCCB), the Sudan Council of Churches (SCC), and theCoptic Church all faced restrictions on their activities, whichlocal officials often interpreted capriciously. Among theserestrictions were the repeated difficulties experienced byChristian clergymen in obtaining travel permits to attendChristian Church conferences abroad. In October the Governmentannounced that the Missionary Act had been abrogated andreplaced by a new law. However, the details of the new law hadnot been made public by year's end.</text>
</content>
<name>Sudan </name>
<script></script>
</card>
card_66200.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SRI LANKA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATDATE: FEBRUARY 1995Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens have the constitutional right to change theirgovernment through periodic multiparty elections based onuniversal adult suffrage. Citizens exercised this right duringparliamentary elections in August, when the PA ended the17-year rule of the UNP, and during the presidential electionin November, when PA presidential candidate ChandrikaKumaratunga won 62 percent of the vote (also see theIntroduction). International election monitors judged theelections to be free and fair.However, the LTTE refused to allow elections in areas of theJaffna district under its control. The UNP Governmenttherefore restricted polling in this area to a few off shoreislands. It denied the opportunity to vote to displacedpersons in refugee camps outside Jaffna district.Nine of the 10 Jaffna seats were won by candidates from pro-UNPgovernment Tamil groups, whose armed militias intimidatedvoters. Although the election was marred by 25 murders (seeSection 1.a.), the harassment of voters appeared equallydivided among the parties and did not appear to be an officialgovernment or party policy. The harassment did not have anydiscernible affect on the election's outcome.The Commissioner of Elections recognizes 26 parties; 9 holdseats in the 225-member Parliament. The two most influentialparties generally draw their support from the majoritySinhalese community. Historically, these two parties havealternated in power. There are some 29 Tamil and 20 Muslimmembers of Parliament.Although there are no legal impediments to the participation ofwomen in politics or government, the social mores in somecommunities limit women's activities outside the home. InAugust voters elected a woman Prime Minister for the secondtime in Sri Lanka's history. In November, for the first time,a woman was elected president. Eleven women hold seats in theParliament; one is a minister without portfolio; one is theMinister of Transport, Environment and Women's Affairs; andfour are deputy ministers.The indigenous people of Sri Lanka, known as Veddas, numberless than 1,000. There are no restrictions on theirparticipation in politics.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere are several local human rights groups, including theMovement for Interracial Justice and Equality (MIRJE), theUniversity Teachers for Human Rights, the Civil Rights Movement(CRM), and the Law and Society Trust (LST), which monitor civiland political liberties. The Government eliminated theEmergency Regulations which had regulated the activities oflocal and foreign NGO's. The former Government did not respondto the NGOs' human rights inquiries and reports. However, thenew Government appears more receptive to such groups. For theconsecutive second year, human rights monitors did not receivedeath threats.The Government made significant progress in implementing a14-point "Program of Work" to which it voluntarily committeditself during a meeting in February with the UNHRC (see theIntroduction). The program, designed to raise human rightspractices to an internationally acceptable standard, included,inter alia, the following: revision of the EmergencyRegulations; pursuit of accountability; enactment oflegislation to prohibit torture; implementation of therecommendations made by the United Nations Working Group onDisappearances; and continuation of efforts for a negotiatedsettlement to the LTTE insurgency.The Government invited international observers to monitor boththe August parliamentary election and November presidentialelection. There were no reports of interference with thesegroups.The Government continued to provide ICRC with virtuallyunrestricted access to detention facilities. At theGovernment's request, the ICRC supervised the delivery of foodand medical supplies into the war zone and provided humanrights training materials to the security forces.Several international groups provide humanitarian relief tothose affected by the conflict in the northeast. TheGovernment does not hinder their activities, aside fromsecurity concerns. Some of these groups conduct activities inLTTE-controlled areas.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenWomen have equal rights under national civil and criminal law.However, issues related to family law, including divorce, childcustody, and inheritance, are adjudicated by the customary lawof each ethnic or religious group. These legal practices oftenresult in discrimination against women.The Constitution guarantees equal employment opportunities inthe public sector, but women have no legal protection againstdiscrimination in the private sector where they are sometimespaid less than men for equal work. In 1993 the Governmentsigned the International Charter on Women's Rights, but has notyet passed enabling legislation. Several NGO's promote women'srights.According to at least one NGO, spousal violence is a seriousproblem. There are no laws on spousal violence but theGovernment has established a National Committee on Women whichwill recommend appropriate legislation. To date the Committeehas identified as grave problems sexual assault, rape, andother forms of violence--particularly directed against femaledomestic servants. Most of its work concerns jobdiscrimination because most women are unwilling to reportphysical and sexual abuse. Women's groups also report that thesympathies of police and judicial officials often lie with theaccused male rather than the aggrieved female. However, theGovernment has prosecuted numerous persons accused of sexualabuse and rape. ChildrenThe Government is committed to protecting the welfare andrights of children, but is constrained by lack of resources.There is a significant problem of child prostitution in certaincoastal resort areas. A government survey published in Januaryconcluded that there are approximately 2,000 active childprostitutes, but private groups claim the number is muchhigher. Most of these prostitutes are boys who sell themselvesto foreign tourists.In May the Government initiated a campaign against child abuseand exploitation. The Department of Education and severalNGO's developed a program to educate the public about thedangers of child prostitution, including AIDS. Agovernment-appointed committee submitted a report recommendinglegislation on child labor and prostitution, but at year's endno legislation had been introduced in Parliament. NGO'sattribute the problem of exploitation of children to the lackof law enforcement rather than inadequate legislation.There have been reports that rural children working as domesticservants in urban households have been abused by theiremployers. Some of these children have reportedly beenstarved, beaten, sexually abused, and forced intoprostitution. The Government does not effectively enforce thelaws designed to protect these children (see Section 6.c.) National/Racial/Ethnic MinoritiesThere are approximately 1 million Tamils of comparativelyrecent Indian origin living in Sri Lanka. About 85,000 ofthese people do not qualify for either Indian or Sri Lankancitizenship and face discrimination, especially in theallocation of government funds for education. However, theGovernment has stated that none will be forced to depart thecountry.Tamils maintain that they have long been the victims ofsystematic discrimination in university education, governmentemployment, and in other matters controlled by the Government.However, in recent years there has been little evidence ofovert discrimination in university enrollment or governmentemployment. Religious MinoritiesDiscrimination based on religious differences is less commonthan discrimination based on ethnic group or caste. Ingeneral, the members of the various faiths tend to be tolerantof each other's religious beliefs. However, EvangelicalChristians have been harassed for their attempts to convertBuddhists to Christianity (see Section 2.c.).In the northern part of the island, LTTE insurgents expelledfrom their homes some 46,000 Muslim inhabitants in1990--virtually the entire Muslim population. The LTTE hasexpropriated Muslim homes, lands, and businesses, andthreatened Muslim families with death if they attempt to return. People with DisabilitiesThe law does not mandate accessibility to buildings orgovernment services for people with disabilities. The WorldHealth Organization estimates that 7 percent of the populationis disabled. Most disabled people who are unable to work arecared for by their families. The Department of Social Servicesruns eight vocational training schools for the physically andmentally disabled and sponsors a program of job training andjob placement for graduates. The Government gives somefinancial support to nongovernmental organizations assistingthe disabled, subsidizes prosthetic devices and other medicalaids for the disabled, makes some purchases from disabledsuppliers, and has registered 74 schools and traininginstitutions for the disabled run by NGO's.Section 6 Worker Rights a. The Right of AssociationThe Government respects the constitutional right of workers toestablish labor unions. Any seven workers may establish aunion, adopt a charter, elect leaders, and publicize theirviews. About 50 to 60 percent of the nonagricultural workforce, which is about 25 to 30 percent of the total work force,is unionized. Most workers in large private firms arerepresented by unions, but those in small-scale agriculture andin small businesses do not belong to unions.Most large unions are affiliated with political parties andtogether play a prominent role in the political process. Morethan 30 labor unions have political affiliations, but there arealso a small number of unaffiliated unions.Through September, the Department of Labor registered 210 newunions and cancelled the registration of 61 others. TheDepartment of Labor is authorized by law to cancel theregistration of any union which does not submit an annualreport. That requirement is the only legal grounds forcancellation of registration.All workers, other than civil servants and workers in"essential" services, have the right to strike. By law,workers may also lodge complaints with the Commissioner ofLabor, a labor tribunal or the Supreme Court to protect theirrights. Under the Emergency Regulations, the Govermentcontrolled strikes by declaring some industries to be"essential." After the Government terminated the EmergencyRegulations, it removed such industries from that category.However, the President retains the power to designate anyindustry as an essential service. The International LaborOrganization (ILO) has pointed out to the Government thatessential services should be limited to services where aninterruption would endanger the life, personal safety, orhealth of the population.Civil servants may collectively submit labor grievances to thePublic Service Commission but have no legal grounds to strike.However, workers in the Post Office, Telecommunications Bureau,Electricity Board and Port Authority staged brief stikes andother work actions in 1993 and 1994. There were 246 strikes in1994, 75 in the agricultural sector and 171 in the industrialand other sectors.The law prohibits retribution against strikers in nonessentialsectors. Employers may dismiss workers only for indiscipline.Unions are free to affiliate with international bodies and manyof them have done so. b. The Right to Organize and Bargain CollectivelyThe law provides for the right to collective bargaining and itis widely practiced. In enterprises that do not have unions,work councils--composed of employees, employers, and often apublic sector representative--are the forums for collectivebargaining, though the councils are not mandatory outside theExport Processing Zones (EPZ'S) and do not have the power tonegotiate binding contracts.The law does not require management to recognize unions, and insome cases, employers have declined to recognize the unions intheir factories. However, the law prohibits antiuniondiscrimination. Employers found guilty of such discriminationare required to reinstate workers fired for union activities,but have the right to transfer them to different locations.Workers in the EPZ's have the same right to join unions asother workers. However, employers in the EPZ's offer higherwages and better working conditions, thus discouraging unionactivity. In the place of unions, workers in the EPZ's arerepresented by organizations known as Joint ConsultativeCouncils (JCC's), which are chaired by the Government's Boardof Investments (BOI) and consist of equal delegations fromlabor and management. During the second half of the year,workers in the EPZ's staged several strikes over wages,benefits, and worker rights. In some cases, they took hostagesand violently confronted the police. The new Governmentmediated an end to the strikes. Management granted modest payraises and the Government prosecuted the strikers who engagedin violence.In most instances, Wage Boards establish minimum wages andconditions of employment, except in the EPZ's where wages andwork conditions are set by the BOI. c. Prohibition of Forced or Compulsory LaborForced or compulsory labor is prohibited by law. According tosome reports, rural children are sometimes employed in debtbondage as domestic servants in urban households. TheGovernment does not have sufficient resources to protect thesechildren from such exploitation.The LTTE conscripts high-school age children for work as cooks,messengers, and clerks, and in some cases, pressed childreninto builiding fortifications. d. Minimum Age for Employment of ChildrenIn 1993 the Government raised the minimum age for employment to15 years from 14 years. However, the law permits theemployment of children below the age of 15 by their parents orguardians in limited agricultural work. It also permitsemployment in any school or institution for training purposes.Persons under 16 may not be employed in any public performancein which life or limb is endangered. Until recently, childrenunder 14 years could be employed in the plantation industry,but in 1991 the Government prohibited such employment after itratified ILO Convention 10.Children are not employed in the EPZ's, the garment industry,or any other export industry. About 85 percent of the childrenbelow the age of 16 attend school. The law provides that theemployment of such persons is permitted for not more than 1hour on any day before school.Despite legislation, some child labor still exists. Somechildren work in the informal sectors, including themanufacture of coconut fiber products, fishing, wrappingtobacco, street trading, domestic service, and farming.Government inspections have been unable to eliminate theseforms of child labor. e. Acceptable Conditions of WorkThere is no national minimum wage, but some 38 wage boards setminimum wages and working conditions according to sector andindustry. Current minimum wage rates average $32 (1,550rupees) a month in industry and commerce; $30 (1,450 rupees) amonth in the service industry; and $1.50 (72 rupees) a day inagriculture. The minimum wage in the garment industry is $41(2,000 rupees) a month. The minimum wages are insufficient tosupport a worker and the standard family of five, but mostfamilies have more than one breadwinner.The Department of Labor effectively enforces the minimum wagelaw. Most permanent full-time workers are covered by laws thatprohibit them from working regularly more than 45 hours perweek (a 5 1/2 day work week). Such workers also receive 14days of annual leave, 14 to 21 days of medical leave, and some20 holidays each year. Maternity leave is available forpermanent and casual female workers. Employers must contribute12 to 15 percent of a worker's wage to an employee's providentfund and 3 percent to an employees trust fund. Employers whofail to comply may be fined.Several laws protect the safety and health of industrialworkers. The government provides nationwide programs on healthand safety issues to increase worker awareness. However, theDepartment of Labor's small staff of inspectors is inadequateto enforce compliance with the laws. Workers have thestatutory right to remove themselves from situations thatendanger their health, but many workers are unaware of, orindifferent to, health risks and fear they would lose theirjobs if they removed themselves.</text>
</content>
<name> </name>
<script></script>
</card>
card_65842.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SRI LANKA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATDATE: FEBRUARY 1995 SRI LANKASri Lanka is a constitutional republic with an activemultiparty system. In generally free and fair elections inAugust, the People's Alliance (PA) coalition ended 17 years ofcontrol of Parliament by the United National Party (UNP), andChandrika Kumaratunga, the daughter of two former primeministers, became Prime Minister.A conflict between the Government and the Liberation Tigers ofTamil Eelam (LTTE), an organization fighting for a separatestate for the country's Tamil minority, continued into itseleventh year. However, the new Government initiated adialogue with the LTTE, the first since 1990.The Government controls all the security forces. The 50,000member police force is responsible for internal security inmost areas of the country, and the 80,000 member army conductsthe war against the LTTE insurgents. The Home Guards, aparamilitary force of some 1,000 members, provides security forMuslim and Sinhalese communities in or near the war zone. TheGovernment also equips various Tamil militias opposed to theLTTE. The security forces committed significantly fewer humanrights abuses in 1994, although some human rights violationsstill occurred.The economy is based on the export of tea, textiles, andrubber. Despite a costly social welfare system and a largefiscal deficit, the economy grew by 6.9 percent in 1993, due inpart to continued economic reform, the continued privatizationof government corporations, and increased foreign trade.The Government took important steps to improve its human rightspractices. However, torture remains a serious abuse and ispracticed by both government and LTTE forces. Both sides usedexcessive force in their ongoing conflict. Many abuses werereported in LTTE-controlled areas, but there is littleinformation available to verify them. Discrimination andviolence against women and child prostitution continue to beproblems.In positive developments, political and extrajudicial killingsand disappearances virtually ended in government-controlledareas. Three regional commissions were established toinvestigate disappearances. The Government began to prosecutecurrent and past violators of human rights.The overall human rights performance of the military and thepolice improved significantly. The new Government lifted theEmergency Regulations in most parts of the island, a move thatreestablished the authority of the judiciary and the right ofindividuals to a fair, public trial. In accordance with acommitment made to the United Nations Human Rights Commission(UNHRC), the Government eliminated restrictions on the freedomsof speech, press, and association in the Emergency Regulationsremaining in force. Eighty percent of those held in long-termsecurity force detention were released during the course of theyear. The Prevention of Terrorism Act (PTA), which givessecurity forces wide powers of preventive and incommunicadodetention, remained in effect though little used.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no known extrajudicial killings committed by thesecurity forces or groups allied with the Government. For thesecond year there were no reprisal massacres against Tamilcivilians by the security forces. For the third consecutiveyear, there were no known killings by vigilante groups.However, there were 10 suspicious deaths, mostly involvingdetainees acting as informants for security forces who diedduring operational missions against the LTTE. There wasinsufficient information to determine responsibility for thesedeaths.At least 25 people were killed preceding the parliamentaryelections in August. The violence was apparently caused byindividuals and did not appear to be an organized attempt bypoltical parties to intimidate voters. The Government hasprosecuted the alleged perpetrators. Among those arrested andcharged for murder was a deputy minister in the new Government.During the presidential election campaign, a suicide bomberkilled the United National Party's candidate Gamini Dissanayakeand 58 other people. The LTTE was the primary suspect in thebombing; however, at year's end, the Government's investigatingteam had not assigned blame. Eight other persons were killedin incidents preceding the presidential election in November.The new Government sought to bring to justice the perpetratorsof extrajudicial killings from previous years. It prosecutedsuspects in several extrajudicial killings and brought chargesagainst several members of the security forces and its ownpolitical supporters.Reversing a much-criticized action taken in 1993, the newGovernment relocated the Mailanthani trial, in which 21soldiers were accused of massacring 35 Tamil civilians in 1992,to Batticaloa, a Tamil majority town. It formally indicted thesoldiers and scheduled their trials for 1995.Government forensic experts resumed their investigation of amass grave at Sooriyakanda, containing an estimated 300bodies. The Government also started to investigate newlydiscovered graves, including one at Ankumbura which may containthe bodies of 36 persons killed by the police in 1989.In October the Government indicted 4 police officers for the1990 murders of 12 civilians in Wavulkelle; the trial isscheduled for 1995. The Government also took legal actionagainst several army personnel who attacked 80 villagers,killing one, in March in Batticaloa district.The new Government lifted the Emergency Regulations from mostof the country, a move that made the concealment ofextrajudicial killings and disappearances by government forcesmore difficult. However, the Regulations remained in force inareas directly affected by the insurgency. In these areas, theGovernment revised the Regulations to require security forcesto report the deaths of detainees to a magistrate, who in turnwho is required to order a post mortem.The LTTE continued to commit extrajudicial killings. LTTEcadres killed a candidate in local government elections in theEastern Province and also killed several suspected governmentinformants. In March, LTTE guerillas abducted and killed 22fishermen off the coast of Puttalam District, and killedseveral more fishermen in the same area in August. InSeptember the LTTE assassinated a leader of an anti-LTTE Tamilgroup in Batticaloa District, and are believed to have killedseveral opponents in the Jaffna District. In the past, theLTTE has killed university professors, members of nonviolentTamil opposition parties, and human rights monitors.LTTE violence was not restricted to Sri Lanka. In May LTTEagents killed Sabalingam Sabaratnam, an LTTE opponent, and fourother Tamils in Paris. b. DisappearanceThere were 10 confirmed disappearances in 1994, compared to 98in 1993, 210 in 1992, and an average 15 a day in 1990. Thosewho disappeared in 1994 and in previous years are presumeddead. The disappearances involved persons last seen in policecustody; all occured in the first half of the year. TheCommander of the Army and the Inspector General of Police bothissued directives condemning the disappearances and statingthat perpetrators would be called to account. However, atyear's end the Government had not identified or charged thoseresponsible for the 1994 disappearances.The new Government started investigations into pastdisappearances. In November it established three regionalcommissions to inquire into disappearances occuring afterJanuary 1, 1988. Meanwhile the Presidential Commission ofInquiry into the Involuntary Removal of Persons continued towork slowly on disappearances that occurred after January1991. So far the Commission has completed work on only 70 ofthe 694 cases under its mandate. However, the number ofcomplaints received by the Commission continued to decline. In1994 the Commission received 10 complaints, compared with 63 in1993, 181 in 1992, and 725 in 1991.Also in November, Parliament enacted the Registration of DeathsBill. This legislation allows the next-of-kin to apply to thedistrict registrar of deaths for a death certificate of arelative reported missing and presumed to be dead, or who hasnot been heard from for more than a year.The new Government indicted 11 suspects, including an armybrigadier general, in the disappearance of 32 boys from thesouthern town of Embilipitiya in 1989 and 1990. The Governmentcharged the suspects with abduction with intent to commitmurder and conspiracy to abduct with intent to commit murder.However, at year's end the Government had taken no legal actionin the Vantharamulle case, in which Army troops reportedlyabducted 158 persons from a refugee camp in Batticaloa districtin 1990. Observers maintain that there is credible evidenceidentifying the alleged perpetrators.The Government continued to give the International Committee ofthe Red Cross (ICRC) unhindered access to detention centers,police stations, and army camps. This played a role instopping disappearances attributable to the security forces, asdid the work of the Human Rights Task Force (HRTF), aquasi-independent government body set up to register detaineesheld under the Emergency Regulations and the PTA and monitortheir welfare.The LTTE was responsible for an undetermined number of civiliandisappearances in the northeastern part of the island. Most ofthe 400 to 600 police officers captured by the LTTE in 1990 arebelieved to be dead, as are over 200 security force personnelcaputured at a battle in Pooneryn in 1993. The LTTEacknowledges holding only 30 security force personnel. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentSecurity forces continued to torture and mistreat detainees andother prisoners, particularly during interrogation, althoughthe number of torture reports was somewhat lower than inprevious years. Most victims were LTTE supporters or advocatesof the Sinhalese Janatha Vimukhti Peramunk (JVP), a formerMaoist party which led an insurgency in the southern part ofthe island. The Government suppressed that insurgency in1988-89.Methods of torture included beatings, especially on the solesof the feet, suspension by the wrists or feet in contortedpositions, burning, near drownings, placing of insecticide orgasoline-filled bags over the head, and forced positions, e.g.,prolonged standing. Detainees have reported broken bones andother serious injuries as a result of their mistreatment.Unlike in previous years, there were no reports of rape indetention.In January the Government acceded to the U.N. ConventionAgainst Torture and Other Cruel, Inhuman or Degrading Treatmentor Punishment. In November Parliament enacted legislationmaking torture a punishable offense. The Government decidedthat henceforth police officers convicted of abuse would payfines assessed by the courts. Formerly, the Govenment paidsuch fines.Torture victims may file a suit for compensation in the SupremeCourt, which granted awards ranging from $200 to $2,000, and insome cases assessed fines against individual army or policepersonnel. Most cases, however, take a year or more to movethrough the courts. The Government has not yet developedeffective mechanisms to prosecute and punish military andpolice personnel responsible for torture.The LTTE reportedly used torture on a routine basis. Becauseof the secretive nature of the LTTE, virtually no first-handinformation is available regarding their use of torture.Prison conditions are generally poor and do not meetinternationally recognized minimum standards because ofovercrowding and the lack of sanitary facilities. However, theGovernment permitted representatives from the ICRC to visitmore than 400 places of detention. Conditions are alsobelieved to be poor in prisons operated by the LTTE. d. Arbitrary Arrest, Detention, or ExileUnder ordinary law, authorities must inform an arrested personof the reason for arrest and bring that person before amagistrate within 24 hours. In practice, persons detainedunder ordinary law generally appear before a magistrate withina few days of arrest. The magistrate may authorize bail ororder continued pretrial detention for up to 3 months orlonger. Except in limited areas of the northeast, securityforces may no longer use the Emergency Regulations to detainsuspects for prolonged periods without court approval.During the first half of the year, there were continued reportsthat security forces held people incommunicado at secretlocations--a violation of amendments to the EmergencyRegulations in 1993. However, human rights monitors believethat such detentions occurred infrequently and for periods ofonly a few days before the detainees were put into the normaldetention system. After taking power, the new Governmentannounced that it would close all secret detention facilities.There were no reported detentions in secret locations after theannouncement.After the Government lifted the Emergency Regulations, it beganto process the backlog of cases: it arraigned suspectedfelons, dismissed charges for minor offenses, and releasedpersons against whom there was no case. However, theGovernment continued to detain some individuals under thePrevention of Terrorism Act, which permits detention withoutcharge for up to 18 months.At year's end, the Government held an estimated 380 detainees,down from more than 2,000 in 1993. Many of these detaineeswere arrested during military operations against the LTTE andare held in facilities operated by the army.The Government modified the Emergency Regulations whichremained in force in the northeastern part of the island and inColombo. The change shortened pretrial detention to a maximumof 4 consecutive 3-month periods. A magistrate must orderfurther detention. Detainees may challenge their detention incourt and sue the Government for violating their civil rights.Security forces continued to conduct mass arrests of youngTamil males--especially after several terrorist bombings inColombo in April--although such arrests were made lessfrequently than in 1993. Most detainees were released afteridentity checks lasting several hours to several days. TheGovernment justifies the arrests on security grounds, butTamils claim the arrests are a form of harassment.The Human Rights Task Force (HRTF), a quasi-governmental bodyestablished to register detainees, continued to investigate thelegality of detention in cases referred to it by the SupremeCourt and private citizens.There were unconfirmed reports that the LTTE detained more than2,000 civilians in the northern part of the island. The LTTEdid not permit the ICRC or any other humanitarian organizationto visit its detainees--aside from 30 security force personneland 10 fishermen incarcerated in Jaffna.In September the LTTE released 10 police officers detainedsince 1990 in response to peace overtures from the newGovernment. The LTTE holds a number of prisoners ofconscience, including the poet and women's rights advocateThiagarajah Selvanithy (see Section 2.a.).The Government does not practice exile. There are no legalprovisions allowing or prohibiting its use. e. Denial of Fair Public TrialThe judiciary is independent of executive branch influence.The President appoints judges to the Supreme Court, the courtsof appeal, and the high courts. The Chief Justice and twoSupreme Court judges comprise a Judicial Service Commissionwhich appoints, transfers, and dismisses lower court judges.Judges serve until mandatory retirement age, which is 65 forthe Supreme Court and 62 for other judges.In criminal cases, defendants are tried in public by juries.They are informed of the charges and evidence against them, maybe represented by the counsel of their choice, and have theright to appeal. The Government provides counsel for indigentpersons tried on criminal charges in the high courts and theCourt of Appeal, but not in other cases; private legal aidorganizations assist some defendants.Under the Emergency Regulations, the authorities detainedsuspects for long periods without providing them access tolegal representation. However, after the lifting of theEmergency Regulations in most parts of the country, the normaljudicial procedures were restored and defendants in criminalcases were again accorded due process.To avoid possible intimidation, there are no jury trials incases prosecuted under the seldom-invoked Prevention ofTerrorism Act (PTA). Defendants in PTA cases have lessprotection than those tried under ordinary laws. Confessions,which are otherwise inadmissible, are allowed in PTA cases, andmost convictions rely heavily on confessions. In such cases,defendants bear the burden of proof to demonstrate that theirconfessions were obtained by coercion. Nevertheless,defendants in PTA cases have the right to appeal.In the past, the Government claimed that all persons detainedunder the Emergency Regulations and the PTA were suspectedmembers of the LTTE or the JVP. There is insufficientinformation to determine whether these detainees were politicalprisoners or suspected terrorists. Nonetheless, the overallnumber of detainees held without charges declined significantly(see Section 1.d.).The LTTE has its own court system in Jaffna, composed of youngjudges with little or no legal training. The courts reportedlyimpose severe punishments. However, the courts have no basisin law, and essentially operate as extrajudicial agents of theLTTE, rather than a judiciary formed by a legal, sovereigngovernment. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Government generally respects the constitutionalprotections of individual privacy and the sanctity of thefamily and home. The police obtain proper warrants for arrestsand searches conducted under ordinary law.However, the security forces are not required to obtainwarrants for searches conducted under the PTA (see Section1.e.). The Secretary of Defense is responsible for providingoversight for such searches. There is no judicial review orother means of redress for alleged illegal searches under thePTA.The Government is believed to monitor telephone conversationsand correspondence on a selective basis. The security forcesroutinely open mail destined for the LTTE-controlled areas andseize contraband.The LTTE routinely invades the privacy of citizens. In 1990the LTTE evicted thousands of Muslim residents from their homesin the north. They currently live in refugee camps. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsHostilities between the Government and the LTTE continued butat a reduced level from 1993. There were no reports of armymassacres of Tamil civilians, such as the ones atKokkadichcholai in 1991 and Mailanthani in 1992. However, thesecurity forces killed as many as 150 civilians by theindiscriminate or excessive use of force. Over 250 were killedin 1993. The security forces killed at least 90 persons, andinjured hundreds of others, in the periodic shelling of theLTTE-controlled city of Jaffna. The LTTE also used excessiveforce, killing an undetermined number of civilians.During the year, the Government took measures to address theproblem of civilian casualties. The air force introduced newrules of engagement to reduce inadvertent deaths and injuriesto civilians. The security forces also instituted human rightsinstruction in its training courses.The Government detains very few captured LTTE cadres, as manyof them themselves with cyanide before capture. The LTTEclaims that it kills security force personnel rather than takethem prisoner. It admits to holding only 30 security forceprisoners. The LTTE is believed to have killed many of the 600to 800 police officers and security force personnel it capturedin recent years.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for the freedom of speech andexpression but permits restrictions in the interests ofnational security. Such restrictions were eased by thetermination of the Emergency Regulations in most parts of thecountry. Even in regions where the regulations are stillenforced, the Government eliminated the stipulation for lengthyprison terms for "inciting feelings of disaffection, hatred orcontempt of the president or the Government" or "creatingdiscontent or disaffection among inhabitants."The Government controls the country's largest newspaper chain,a major television station, and the Sri Lankan BroadcastingCorporation. However, a variety of independent newspapers,journals, radio and television stations provide an unimpededrange of views and openly criticize the Government andpolitical parties. The Government maintains a monopoly on thebroadcast of local news, but networks may broadcastforeign-produced international news without deleting storiesconcerning Sri Lanka.Under the former UNP Government, many journalists alleged thatthe Government sought to control the press by limiting theissuance of import licenses for newsprint and the placement ofgovernment advertising. However, journalists did not make suchallegations after the new Government took office in August.Journalists and civil libertarians also complain that theParliamentary Powers and Privileges Act stipulates an unlimitedfine or up to 2 years' imprisonment for anyone who criticizes amember of Parliament. Although the Government did not invokethe law in 1993 or 1994, journalists and civil libertarianscomplain that the act is an unjustified infringement on freedomof the press.The LTTE does not tolerate freedom of expression. It tightlyrestricts the print and broadcast media in areas under itscontrol, and has often killed those who criticize it. The LTTEhas detained Thiagarajah Selvanithy for over three years, andhas repressed the University Teachers for Human Rights, a humanrights group formerly based in the Jaffna peninsula.The Government generally respects academic freedom. It alsoremoved restrictions on campus political activity with thelifting of the Emergency Regulations. The LTTE does notrespect academic freedom, and has repressed and killedprofessors who criticize it. b. Freedom of Peaceful Assembly and AssociationThe Government generally respects the constitutional freedomsof assembly and association. Although the Prevention ofTerrorism Act may restrict such freedoms, the Government didnot use the Act for that purpose in 1994. The Governmentroutinely granted permits for demonstrations, including thoseheld during the parliamentary and presidential elections. c. Freedom of ReligionThe Constitution establishes Buddhism as the official religion,but also provides for the right for members of other faiths topractice their religions freely. Foreign clergy may work inSri Lanka, but for more than 30 years, the Government hasprohibited the entry of new foreign Jesuit clergy. It permitsthose already in the country to remain.Evangelical Christians, who constitute less than 1 percent ofthe population, have expressed concern that their efforts atproselytization are occasionally met with hostility andharassment by the local Buddhist clergy and others opposed totheir work. They sometimes complain that the Governmenttacitly condones such harassment; however, there is no evidenceof this. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution grants every citizen "freedom of movement andof choosing his residence" and "freedom to return to SriLanka." The Government generally respects the right todomestic and foreign travel. During the year, the Governmenteased travel restrictions in the eastern part of the islandbecause of the decline in insurgent activity. The terminationof the Emergency Regulations also reduced travel restrictions.However, government security measures have the effect ofrestricting the movements of Tamils, especially young males.The LTTE restricts the movement of Tamils in areas under itscontrol. It levies a large "exit tax" from persons wishing totravel to areas under government control, requiring them toleave all of their property in escrow. In order to ensure thattravelers return, the LTTE often grants permission to only onefamily member to travel at a time. The LTTE does not allowdisplaced persons living in areas under its control to returnto their homes in government-controlled areas.An estimated 558,000 citizens have been displaced by theinsurgency. Most live in camps financed by the Government andnon-governmental organizations (NGO's). An estimated 69,000Tamil refugees live in camps in southern India. Another100,000 refugees have been integrated into the Tamil society ofsouthern India. The Government allows the U.N. HighCommissioner for Refugees (UNHCR) to operate freely. UNHCRassisted in the repatriation of over 8,000 refugees from India.The Government does not permit the entry into the country ofrefugees, nor does it aid those who manage to enter yet seekpermanent residence elsewhere. There were no instances offorcible repatriation.</text>
</content>
<name>Sri Lanka </name>
<script></script>
</card>
card_65634.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SPAIN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SPAINSpain is a democracy with a constitutional monarch. The Parliament consists of two chambers, the Congress of Deputies and the Senate.The security forces are controlled by the Government; allegations of human rights abuse are generally investigated, and individuals found guilty are punished by law. Spanish security services also maintain anticorruption brigades which investigate allegations of governmental fraud or dishonesty. Since 1989 there has been a Special Advisor for Human Rights in the Ministry of Justice and Interior, charged with promoting humanitarian law and training senior members of law enforcement groups in human rights issues. Years-old charges of police abuse of detainees were still being investigated at year's end.The economy is market-based, with primary reliance on private initiative, although there remain a number of public-sector enterprises in key areas. The economy has been in recession since 1992, but it grew by an estimated 1.7 percent in 1994. While the unemployment rate improved, at year's end official data indicated it remained well over 20 percent. Actual unemployment is lower than these data indicate, due to the extensive underground economy. Nonetheless, the rate is problematically high. The main causes of this are the entry of large numbers of people into the labor force (disproportionately affecting women and youth) and some labor laws that tend to impede job creation. Parliament in 1994 enacted a labor reform package to help create jobs.The Constitution provides for the fundamental rights of freedom of speech, assembly, press, religion, movement, and suffrage, and the Government respects these provisions. The Basque Fatherland and Freedom Separatist Group (ETA) continued its longstanding terrorist campaign, committing killings and other abuses. The Government's efforts to bring terrorists to justice were marred by detainees' accusations of ill-treatment. In September 1993 two suspected ETA collaborators died while in police custody; the Government has not yet released the results of its investigation. A prisoner died under disputed circumstances while in solitary confinement. Other human rights problems included persistent de facto discrimination against Roma, reports of police mistreatment of detainees, and maladministration of Spain's judicial system as it copes with a huge backlog of cases (of all kinds of crime) and a severe shortage of justices.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no known political killings by government forces, but the September 1993 incident in which two suspected ETA collaborators died while in police custody was still under investigation at the end of 1994, and in February a prisoner was found dead in a solitary-confinement cell.Regarding the 1993 incident, one death was due to cardiac arrest, and the other to a fall from a second-story window. The Prime Minister pledged the Government would carry out an investigation, with total "transparency," until both deaths were fully explained. A prominent nongovernmental human rights organization launched its own investigation.The Government considers the February prison "suicide" case closed. While medical evidence indicates the prisoner's death was the result of severe trauma to the head, there is no conclusive evidence as to whether this was caused by a severe beating by guards (as inmates allege) or by self-inflicted injuries (as authorities claim, saying he had a history of mental illness and self-beating). Local human rights organizations are divided on this question.In July a former Civil Guard member and three other defendants charged with the 1992 race-motivated killing of a female Dominican illegal immigrant were convicted of the much-publicized crime. The ex-Guard member was sentenced to life imprisonment (see Section 5).A detailed investigation by the judiciary completely exculpated the police in the case of an American citizen who died in 1992 after fleeing police in the Canary Islands; the family of the deceased, and their legal representative, accepted this outcome.To avoid a possibly negative ruling by the European Court of Human Rights, in March the Government agreed to settle out of court a 1982 case involving a youth who was killed while in police custody in the Canary Islands. The European Commission of Human Rights ruled in favor of Spain against the charges of torture, and that there was no violation of the right to life. But it concluded that the father of the victim had been denied due process in seeking justice for the death of his son; the Government awarded him $47,000 (6 million pesetas).There continued to be frequent terrorist incidents. During the first 10 months (latest data), 14 attacks attributed to the ETA resulted in 15 deaths and 39 injuries. As usual, the majority of those killed were members of security forces. However, in May the ETA planted bombs on beaches near San Sebastian, and the resulting explosions maimed three persons. The ETA carried out beatings and killings of suspected drug dealers and others it deemed "enemies of the Basque people"; at least three people are believed to have been killed for this reason during the year. Other actions by the ETA and its affiliates caused property damage in the Basque region.In September a lawyer for Castilian-speakers opposing Catalonia's Law of Language Normalization (see Section 5) received a letter-bomb that failed to detonate. No one claimed responsibility, and there have been no arrests. b. DisappearanceThere were no reports of disappearance. The Basque industrialist whom the ETA kidnaped in 1993 was released later that year; authorities have not been able to determine whether any ransom was paid. (The Government forbids payment of ransom by families of kidnap victims, and in some cases it has frozen the family's assets.) c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe law prohibits such acts. Spain is a signatory to the U.N. Convention against Torture. Nonetheless, detainees charged with terrorism invariably assert they have been abused during detention, and similar charges are sometimes made by other detainees. In July a high-level investigation into the alleged abuse of six recently captured terrorists concluded that the claims were unfounded. ETA members in Uruguay unsuccessfully based their arguments against extradition on grounds they feared mistreatment in Spain.Nonetheless, documented cases of abuses do exist. Individuals, nongovernmental organizations, and the media frequently have accused the Civil Guard of unprovoked brutality, particularly in the Basque region. The Spanish Association Against Torture asserted that the number of complaints of police brutality increased by 40 percent from 1992 to 1993. In November it asked the Minister of Justice and Interior to review the status of 335 security personnel who have been officially implicated in torture or abuse. The U.N. Human Rights Commission reported in February that there are eight unresolved cases of individuals abused while in custody during 1992-93. In November the U.N. Committee Against Torture agreed for the first time to review a case alleging mistreatment by Spanish security forces; an ETA terrorist sentenced to over 2,000 years in prison claimed he was tortured during his 1990 interrogation. In the military, various complaints of mistreatment of recruits surfaced in 1994, some of which led to prosecutions of military officers.In December 1993 the Supreme Court overturned the appeals of five former members of the Civil Guard convicted in 1990 of torturing the father of a suspected ETA member in 1981. The perpetrators received 6-month prison terms and 7 years on probation. Others implicated in the crime or its coverup received probation or reprimands.In March a court sentenced five national police officers to5 1/2 months in prison and 48 years on probation for torture and illegal detention of seven transients in 1982 and for perjury.In July the Supreme Court overruled a lower court's decision that the statute of limitations had run out for charges against five policemen for torture in a 1982 incident. (One defendant had been convicted earlier of a different torture charge, yet was able to keep his job during the years of litigation on the 1982 incident, and was even promoted to commander.) All are now serving sentences.In November two Civil Guard officers were convicted of torturing two female ETA suspects in 1984; the offenders were sentenced to 6 months in jail and 26 years on probation. Also in November, a Basque tribunal convicted three other officers of police brutality in a retrial (ordered by the Supreme Court) of a 1982 case in which the three had been found not guilty; each was sentenced to 2 months in jail and 2 months on suspension. d. Arbitrary Arrest, Detention, or ExileThe Constitution prohibits arbitrary arrest and detention, and the authorities respect this provision. A suspect normally may not be held more than 72 hours without a hearing. The Penal Code permits holding a suspected terrorist 2 more days without a hearing. An asylum law passed in May permits the petitioner to be detained at the port of entry for up to 4 days without a hearing, but at year's end the legality of the law was under review by the courts (see Section 2.d.). Exile is not practiced. e. Denial of Fair Public TrialThe Constitution provides for an independent judiciary and the right to a fair public trial. This right is observed in practice. The judicial structure comprises territorial, provincial, regional, and municipal courts, with the Supreme Court at its apex. A Constitutional Court protects constitutional rights, but there is no clear distinction between its jurisdiction and that of the Supreme Court on some issues, nor is it clear which has ultimate authority. The European Court of Human Rights is the final arbiter in cases concerning human rights.A severe backlog of pending cases--some 40,000 of all kinds (not only human rights)--and an acute shortage of judges have made plain the need to overhaul the judicial system. In September the Government submitted to Parliament bills covering judicial reform and establishment of a jury system.Defendants have the right to be represented by an attorney (at state expense for the indigent). They routinely are released on bail unless the court has reason to believe the suspect may flee or be a threat to public safety. The law calls for an expeditious judicial hearing following arrest. Suspects may not be confined for more than 2 years before being brought to trial, unless a further delay is authorized by a judge, who may extend pretrial custody to 6 years. In practice, pretrial custody generally is less than a year. In cases of petty crime, suspects released on bail sometimes wait as long as 5 years for trial. As of July, 12,780 people were in jail awaiting trial--over one-fourth of the entire prison population, although this is down from 38 percent in 1990. Following conviction, defendants may appeal to the next higher court.Human rights groups and members of the press complain that accused human rights offenders have avoided penalization by prolonging the appeals process, and that sentences for convicted abusers are unduly light. (Both kinds of complaints are borne out by the 1994 court actions reported above in Section 1.c.) f. Arbitrary Interference With Privacy, Family, Home, or CorrespondenceThe Constitution protects the privacy of the home and correspondence. Under the Criminal Code, government authorities must obtain court approval before searching private property, wiretapping, or interfering with private correspondence. The antiterrorist law authorizes the Minister of the Interior to act prior to obtaining court approval "in cases of emergency." There have been no complaints of abuse of this authority.The Congress of Deputies passed legislation in 1992 broadening police authority to makes searches and detentions without a court order, mostly in antinarcotics operations, but in 1993 this law was ruled unconstitutional. During the 20 months it was in force, this law led to 340 raids and 940 arrests. Many damage claims have been filed against the Government.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and the press, and the Government respects these provisions. Opposition viewpoints, from political parties and other organizations, are freely aired and widely reflected in the media. b. Freedom of Peaceful Assembly and AssociationUnder the Constitution, all groups have the right of free assembly and association for political or other purposes. This right is fully respected and freely practiced. c. Freedom of ReligionThe Constitution provides for freedom of religion, and the Government respects this in practice. Roman Catholicism is the predominant religion, and its institutions receive official funding. Protestant and Jewish leaders have refused the Government's offer of financial support. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens are free to travel within and outside the country, to emigrate, and to repatriate. The law on aliens permits detention for up to 40 days prior to deportation, but specifies it must not take place in a prison-like setting. Generally, the Government grants refugee status on the recommendation of the U.N. High Commissioner for Refugees (UNHCR).Suspecting that economic refugees are clogging the system with spurious requests for asylum, the Parliament passed a new law on asylum which took effect in September. This gives the Ministry of Justice and Interior more powers to handle asylum cases, but mandates that they be referred to the UNHCR for appeal. Asylum requests may be made only at the port of entry, where the applicant can be held for up to 4 days without judicial intervention. Time allowed to process the application can prolong the initial detention to 7 days. The new law also allows the applicant to stay in detention until the case is resolved; 1993 cases took 3 months on average. No provisions are made for detainees to have access to translators or lawyers. Enforcement of the new law has been held up pending a court ruling on its constitutionality.Section 3 Respect for Political Rights: the Right of Citizens to Change Their GovernmentSpain is a multiparty democracy with open elections in which all citizens 18 years of age and over have the right to vote in secret ballot for Parliament as well as for provincial and local bodies. At all levels of government, elections are held at least every 4 years.Governmental power is shared between the central Government and 17 regional "autonomous communities," which are similar to U.S. states in function. The Basque and Catalan regions are governed by regional parties that reflect the desires of many there to give political expression to their linguistic and cultural identities. These parties provide democratic alternatives to separatist groups which advocate achieving independence through terrorist violence.Women are increasing their participation in the political process. The number of female candidates increased in the 1993 national elections. However, under Spain's electoral system the percentage of votes for a party determines the number elected from that party's list of candidates; and because many women have been placed in the lower half of the list, the number elected has never reached 25 percent of those who attain office. In the Congress, 54 of the 350 deputies are women, while in the Senate women number 32 of 256 members. There are three female ministers. In March the ruling Socialist Party mandated a 25-percent quota for women to participate in all its political endeavors. Other parties have similar quotas, but none currently fulfills them.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsA number of nongovernmental human rights groups are established in Spain, including the Human Rights Association of Spain, in Madrid, and the Human Rights Institute of Catalonia, in Barcelona. All operate freely without government interference.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution provides for equal rights for all citizens, and an independent Ombudsman actively investigates complaints of human rights abuses by the authorities. WomenWhile in recent years women have moved towards equality under the law, and entered the educational system and the work force in larger numbers, traditional attitudes continue to impose de facto discrimination. This varies considerably among the regions. Although one-third more women (mainly those under age 29) work outside the home than a decade ago, women make up only a third of the total work force. Growing numbers of women occupy senior governmental positions, among them the Ministers of Social Affairs, Health, and Culture, and about 30 percent of the number of judges (a profession that was closed to women before 1977). Also, women outnumber men in the legal, journalistic, and health care professions.The law mandates equal pay for equal work. In March the Constitutional Court ruled that 140 women employed at a cosmetics firm were paid less than their male colleagues, and awarded them back pay plus damages. Earlier, the United Left Party proposed legislation to overcome what it asserts is a 20 percent gap between the average salaries of women and of men.Sexual abuse, violence, and harassment of women continued to be areas of concern. According to the nongovernmental (but largely government-funded) Commission for Investigation of Mistreatment of Women, 86 women were killed by male partners in 1993 (latest data). The Commission estimated that only 10 percent of the approximately 250,000 violent acts against women each year are reported to authorities, owing in part to the unsympathetic attitudes of some police and judicial personnel. Some rape cases in 1994 were decided on the degree of the victim's physical resistance. According to the Rape Victim's Assistance Association, 322 rapes and 409 sexual assaults were reported in 1993. A 1989 law prohibits harassment in the workplace, but very few cases have been brought to trial under this law.Several levels of government provide assistance to battered women. A toll-free hot-line advises women where to go for government shelter or other aid if maltreated. The Government also runs educational programs seeking to change public attitudes that contribute to violence against women. The Women's Institute has charged that some judges show reluctance to get involved in cases of violence against a woman by a member of her family. Similarly, in smaller towns some police officers have been reluctant to accept complaints from battered women. Recognizing the latter problem, the Ministry of the Interior initiated a program in 1986 that created special sections within the national police to deal with violence against women, staffed by specially trained women officers. ChildrenThe Ministries of Health and Social Affairs are responsible for the welfare of children, and have created a number of programs to aid needy children. Under the expected new Penal Code, children under age 18 are not considered responsible for their acts, and so cannot be sent to prison. National/Racial/Ethnic MinoritiesRoma, constituting about 3 percent of the population, continue to suffer de facto discrimination in housing, schools, and jobs. Legal mechanisms exist by which they may seek redress, and the Government has stated its commitment to securing equal treatment for them. In November the ex-mayor of Mancha Real and six others began serving their sentences for destroying seven Roma homes in May 1991 in retaliation for the murder of a non-Roma Spaniard; the ex-mayor was convicted of inciting the mob that attacked a Roma settlement, and in 1994 the Supreme Court extended his 1-year sentence to 5 years in prison.Since 1991 the Madrid city government, in cooperation with the autonomous regional government, has been carrying out a program to relocate squatters--the great majority of whom are Roma--to housing projects within the region. Spain's largest Roma organization, Gypsy Presence, protests this, and complains that the city has put up fences and police checkpoints which make Roma communities resemble prison camps. In May 300 Roma were ordered to relocate to an open field; the group's complaints that that area lacks basic services have found support in nongovernment organizations and the press. The city government denies any anti-Roma bias in its actions.Six of the 17 Autonomous Communities use a language or dialect other than Castilian Spanish. The Constitution stipulates that citizens have the "duty to know" Castilian, which "is the official language of state," but it adds that other languages can also be official under regional statutes, and that the "different language variations of Spain are a cultural heritage which shall be...protected." Catalonia has passed a law whereby Catalan is to be taught in the region's schools and is to be used for official regional functions. In December the Constitutional Court ruled against a challenge to the constitutionality of this law, in a case brought by several Spanish-speakers in Catalonia who claim to be discriminated against in education and employment. Suits regarding specific applications of this law are still pending in various courts.Spain's human rights groups and media continued to give increasing attention to the human rights of the growing numbers of illegal immigrants from northern and sub-Saharan Africa. Cases of police mistreatment were often reported. In March the Government announced it would increase deportations of non-Spanish citizens convicted of even minor crimes.The most publicized incident against foreigners was the 1992 killing of a female illegal Dominican immigrant by an off-duty member of the Civil Guard. In July a Madrid court sentenced him to 126 years in jail and gave lesser prison terms to three co-defendants; the daughter of the victim was awarded an indemnity of $156,250 (20 million pesetas). People with DisabilitiesSince 1982 a law on assistance for disabled citizens has been in effect which aims at ensuring fair access to public employment, preventing discrimination, and improving physical accessibility to public facilities and transportation. Such accessibility has not yet improved much in many areas. In 1993 the autonomous community in Madrid passed a law requiring all new construction there to be adapted to the needs of the handicapped.Section 6 Worker Rights a. The Right of AssociationAll workers, except those in the military services, judges, magistrates, and prosecutors, are freely entitled to form or join unions of their own choosing. All that is required for organizing a union is that more than two workers register with the Ministry of Labor and Social Security. Spain has over 200 registered trade unions, and one not legally registered (because the Constitutional Court ruled in 1986 it was ineligible, as it represents military personnel).Under the Constitution, trade unions are free to choose their representatives, determine their policies, represent their members' interests, and strike. They are not restricted or harassed by the Government, and are independent of political parties. A strike in nonessential services is legal if its sponsors give 5 days' notice. Any striking union must respect minimum-service requirements negotiated with the respective employer. The right to strike has been interpreted by the Constitutional Court to include general strikes called to protest government policy; in January there was a 1-day nationwide strike by a group of unions to protest proposed labor-market reform legislation. Strikes occur frequently, but most are brief. Data for 1993 (latest available) show a sharp downturn in strike activity, presumably reflecting Spain's economic recession.Unions are free to form or join federations and to affiliate with international bodies, and do so without hindrance. b. The Right to Organize and Bargain CollectivelyA 1980 statute undergirds the right to organize and bargain collectively. Trade union and collective bargaining rights were extended in 1986 to all workers in the public sector, except the military services. Public-sector collective bargaining in 1990 was broadened to include salaries and employment levels, but the Government retained the right to set these if negotiations failed. Collective bargaining agreements are widespread in both the public and private sectors; in the latter they cover 60 percent of workers, notwithstanding that only about 10 percent of them are union members.The law prohibits discrimination by employers against union members and organizers. Discrimination cases have priority inthe labor courts. Legislation in 1990 gave unions a role in controlling temporary work contracts to prevent abuses of these and of terminations of employment. Nonetheless, the unions contend employers are discriminating in many cases by refusing to renew the temporary employment contract of a worker who has engaged in union organizing; more than a third of all employees in Spain are under temporary contracts. In June the Parliament passed legislation that greatly limits the types of workers who may be employed under temporary contracts.The same legislation abolishes some work rules dating back to the Franco dictatorship decades ago, and leaves it to the collective bargaining process to come up with replacements.Labor regulations and practices in free trade zones and export processing zones are the same as in the rest of the country. Union membership in these zones is reportedly higher than the average throughout the economy. c. Prohibition of Forced or Compulsory LaborForced or compulsory labor is outlawed in Spain and is not practiced. The legislation is effectively enforced. d. Minimum Age for Employment of ChildrenThe statutory minimum age for employment is 16 years. The Ministry of Labor and Social Security is primarily responsible for enforcement. The minimum age is effectively enforced in major industries and in the service sector. It is more difficult to control on small farms and in family-owned businesses. Legislation prohibiting child labor is effectively enforced in the special economic zones. The law also prohibits the employment of persons under age 18 at night, for overtime work, or in sectors considered hazardous. e. Acceptable Conditions of WorkThe legal minimum wage for workers over age 18 is considered sufficient for a decent standard of living for workers and their families. The daily minimum wage was $15.77 (2,019 pesetas); for those aged 16 or 17 it was $10.42 (1,334 pesetas). These rates are revised every year in line with the Consumer Price Index and are effectively enforced by the Ministry of Labor and Social Security. The law sets a 40-hour workweek with an unbroken rest period of 36 hours after each 40 hours worked. Workers enjoy 12 paid holidays a year and a month's paid vacation. Worktime limits are effectively enforced.Government mechanisms exist for enforcing working conditions and occupational health and safety rules, but bureaucratic procedures are cumbersome and inefficient. Safety and health legislation is being revised to conform to European Union directives. The National Institute of Safety and Health within the Ministry of Labor has technical responsibility for developing labor standards, but the Inspectorate of Labor has responsibility for enforcing the legislation through judicial action when infractions are found. Workers have legal protection for filing complaints about hazardous conditions.</text>
</content>
<name>Spain </name>
<script></script>
</card>
card_65280.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SOUTH AFRICA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 f. Arbitrary Interference With Privacy, Family, Home, orCorrespondencePolice and security forces retained the legal authority toengage in domestic surveillance activities, including the use ofinformers. However, informed observers believe that under thecountry's dramatically changed political environment the use ofthis authority has been limited to the pursuit of legitimate lawenforcement and national security objectives.Before the Interim Constitution came into force, police hadsweeping powers of search and seizure in magisterial districtsthat had been declared "unrest areas," under the provisions ofthe Public Safety Act. The provisions of the Act that allowedfor the declaration of "unrest areas" are no longer operative,and police searches in all of South Africa must now be conductedin accordance with the Criminal Procedure Act of 1977. This Actrequires that a warrant be issued by a magistrate before asearch can be conducted, unless there are reasonable grounds tosuspect that evidence would be destroyed in the time that itwould take to obtain one. Despite the widespread anticipationthat some provisions of the Criminal Procedures Act will bechallenged as being unreasonable infringements of the right toprivacy, all South Africans now generally enjoy protection fromunreasonable searches and seizures.The legacy of apartheid has left vast numbers of South Africanslandless; more than 8 million people now live in squatter campswhich often surround settled communities. The Prevention ofIllegal Squatting Act gives landowners and local governments theauthority to remove informal settlements without reference tothe courts. Despite widespread preparedness on the part of thecentral Government and many local authorities to seekaccommodation with squatters, some municipalities, landowners,and, in one case, rightwing vigilantes, have demolished shacksas a means of forcing squatters to move.Although the problem of forced relocation of residents ofinformal settlements was most pronounced prior to the Aprilelection, forced relocations continued throughout the year. Themost notable of these incidents occurred in early June when theJohannesburg City Council, without securing a court orderor legal judgment, demolished two squatter settlements on cityland. Unauthorized land invasions by squatters also continuedsporadically throughout the year, a practice severely decried bythe Government as inimical to the housing strategy it devised aspart of its Reconstruction and Development Program.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedoms of speech and press, andthese rights are respected in practice. Both the mainstream andthe so-called alternative press kept the public well informedand criticized both the Government and the opposition.The South African Broadcasting Corporation (SABC), once seen asthe Government's mouthpiece, continued to undergo profoundchanges under the direction of a new board of directors and anew group manager. Parliament established the IndependentBroadcasting Authority (IBA) in 1993 to oversee restructuringthe broadcasting industry and to issue licenses. At year's end,the IBA began to issue temporary community radio licenses, butthe process was a slow one. By early December, the IBA hadissued only one license, for Radio Maritzburg, although morewere expected in January 1995. Radio and television newsreporting from both the SABC and the privately owned RadioStation 702 appeared balanced.Although rarely invoked, considerable legislation remained onthe books that permit the Government to restrict the publicationof information about the SAPS, SANDF, petroleum issues, prisons,and mental institutions. In August the Minister of Defensesought a court order interdicting an alternative weeklynewspaper from publishing articles about the SANDF Directorateof Covert Collections. However, the Minister refrained fromproceeding with the action in the face of intense oppositionfrom the press and the ANC.While there were no instances of government-or police-sanctioned harassment of the press, there were cases ofharassment of journalists by supporters of white rightwingorganizations prior to the election. AWB supporters manhandledan African-American journalist and two black colleagues at arightwing rally; and rightwing supporters harassed and beat twoother American reporters during unrest in Bophuthatswana.Earlier in the year, rightwingers harassed an African-Americanjournalist at a Volksfront party rally. There were no suchincidents since the election in April.The Internal Security Act still allows the Government to banorganizations and their publications. Prohibitions against thepublication of material deemed to be pornographic are also stillin effect, but enforcement of such bannings became less frequentafter the election.During the year, Parliament repealed the Newspaper RegistrationAct of 1971, which required newspapers to register with theMinistry of Home Affairs and pay a certain fee. Many observersconsidered this Act an impediment to freedom of the press, sinceit permitted the Government to withhold registration if itopposed a particular publication.There are no official restrictions on academic freedom. b. Freedom of Peaceful Assembly and AssociationPolitical parties and organizations exercise broadconstitutional freedoms of assembly and association. Althoughthe legal framework governing public meetings and demonstrationscomprises nine different apartheid-era laws, police policy isnow to act in accordance with the Regulation of Gatherings Actwhich, at year's end, awaited the signature of the President.This Act promulgates recommendations on public gatherings thatwere made by the Goldstone Commission; it requires localgovernments, demonstration organizers, and the police tocooperate in order to facilitate the exercise of the right topeaceful assembly. The authorities may prevent demonstrationsonly under extreme circumstances, and, even then, the Actprovides for judicial appeals.Despite declared police adherence to the Regulation ofGatherings Act, there were several controversial incidents inJuly and August in which the police acted forcibly to prevent an"illegal gathering," pursuant to a court order issued underexisting laws. Police used excessive force to disperse thesegatherings and the HRC said the police "appeared to be revertingto their old habits by breaking up peaceful demonstrations withdogs, rubber bullets, and tear gas." Although legal, observerssaid the use of force in these instances was inappropriate.Prior to the April election, there were incidents impedingpolitical assembly and association. The police used theemergency and unrest provisions of the Public Safety Act onnumerous occasions to prohibit political meetings anddemonstrations, usually to reduce violence. In the formerhomeland of Bophuthatswana, local officials banned mostpolitical organizations and prohibited political meetings and inthe KwaZulu homeland officials used their authority to hamperseverely political activity by groups other than the IFP. Theclimate of violence that existed in many parts of KwaZulu and insome East Rand townships resulted in so-called no-go areaswhere, in some cases, leaders of the ANC and, in others, leadersof the IFP could not organize meetings without risk to theirlives. The National Party and the Democratic Party alsoexperienced difficulty in organizing rallies in some areas. ANCand IFP sympathizers shared culpability for this situation. c. Freedom of ReligionThe Constitution provides for freedom of religion. There wereno known cases of restrictions being placed on the expressionand practice of religious belief, nor on proselytizing. d. Freedom of Movement Within the Country, Foreign Travel,Emigration, and RepatriationThe Interim Constitution stipulates freedom of movement,including travel abroad, choice of residence, and safeguards oncitizenship. Neither the preelection government nor the newnonracial, democratically elected Government restricted themovement of South Africans domestically or their freedom totravel overseas, emigrate, or repatriate.Although the United Nations High Commissioner for Refugees(UNHCR) continued to assist with the repatriation of SouthAfrican exiles under its September 1991 mandate, the flow ofthese returnees had almost come to an end. By year's end,approximately 14,000 exiles had returned, including 7,303 whoreturned with UNHCR assistance and an estimated 6,000 whovoluntarily repatriated under other auspices. An additional3,500 exiles remained registered with the UNHCR and cleared forrepatriation, but they had chosen not to return.Illegal immigration became a growing political issue during theyear, and the SANDF increased border control measures. InDecember Minister of Defense Joe Modise told a press conferencethat the controversial electrified fence along South Africa'sborder with Mozambique had been switched off. Both theDepartment of Home Affairs (DHA) and private monitoring groupsconservatively estimated that 2 million refugees and illegalimmigrants currently reside in South Africa, of whom 70 percentare from Mozambique and the remaining 30 percent are from otherAfrican countries, Eastern Europe, and the Far East,particularly China and Pakistan. Prior to the October 4, 1992,Peace Accord in Mozambique, civil unrest drove Mozambicansacross the border. In recent years, they seem increasinglyattracted by better economic opportunities in the Transvaal andKwaZulu/Natal.There has been close cooperation between the UNHCR and theGovernment to ensure UNHCR protective services to Mozambicansand others wishing to apply for refugee status. In agreementwith the Mozambican Government, the UNHCR initiated on January10, 1994, the organized voluntary repatriation of Mozambicanimmigrants. Under the Aliens Control Act, the DHA mayinvoluntarily repatriate persons who do not qualify for refugeestatus to their countries of origin. According to the DHA,between January 1 and December 31, South Africa involuntarilyrepatriated a total of 90,692 illegal immigrants. Of these,71,279 were Mozambicans. The only other countries to which theDHA repatriated significant numbers of illegal immigrants wereZimbabwe with 12,931 and Lesotho with 4,073.Although there is widespread recognition of the distinctionbetween bona fide refugees/asylum seekers and illegalimmigrants, this distinction is not well rooted among front-lineimmigration officials. Any so-called foreigner who is arrestedand found not to possess the proper documents is oftenautomatically considered to be an illegal immigrant and issummarily deported. Asylum seekers, who often have to wait 2years for their scheduled case-determination interview, aretypically issued a "Section 41" document permitting them toremain in the country and even seek employment, pending resultsof their interview. However, some police officers fail torecognize this document and have harassed asylum seekers.Section 3 Respect for Political Rights: The Right of Citizensto Change Their GovernmentOn April 26-29, South Africa for the first time held a nonracialelection in which all citizens were allowed to participate. Theelection was peaceful and was pronounced "substantially free andfair." As a result, the TEC, which had been created in 1993, aswell as the old National Party government, gave way to aGovernment of National Unity. At thenational level, 19 parties stood for election, with 7 gainingenough votes to be represented in the National Assembly. These,ranked by number of seats obtained, were: the ANC, the NP, theIFP, the Freedom Front (FF), the Democratic Party (DP), the PAC,and the African Christian Democratic Party (ACDP).South Africa will be governed until 1999 by an InterimConstitution which allows for executive power sharing amongpolitical parties, based on the proportion of the vote theyreceived in the April election. It provides for a bicameralparliament, an executive state president, and an independentjudiciary which, for the first time, includes a ConstitutionalCourt.The Parliament comprises the National Assembly and the Senate,and, when in joint session, serves as the ConstitutionalAssembly. According to the Interim Constitution, theConstitutional Assembly is required by April 1996 to draft andapprove a new and permanent constitution which is consistentwith 34 constitutional principles. If it fails to do so, itwill be dissolved, and a new election will be held. If itsucceeds, it will remain in office until 1999, when a freshelection under the new permanent constitution will be held.This permanent constitution will have to be reviewed andapproved by the Constitutional Court (see below).The National Assembly is made up of 400 members elected by asystem of "list proportional representation." Each of the 19parties which appeared on the ballot submitted a rank-orderedlist of candidates. The voters then cast their ballots for oneparty. Seats in the Assembly were allocated based on thepercentage of votes each party received. Even though the ANCgained a majority of 252 seats in the 400-seat Parliament, it isrequired to share power at the cabinet level with the NP whichgained 82 seats and with the IFP which gained 43 seats.The Senate consists of 90 members, 10 from each of the nineprovinces created under the Constitution. With a fewexceptions, the Senate has coequal legislative powers with theNational Assembly.In addition to President Mandela, who is the Executive Head ofState, South Africa has two Executive Deputy Presidents, ThaboMbeki, representing the ANC, and F.W. de Klerk, the formerpresident, representing the NP. A constitutional amendment inSeptember created an additional 28th cabinet seat beyond theoriginal maximum of 27 seats provided for in the InterimConstitution. Any party holding at least 20 seats in theAssembly is entitled to a proportionate share of cabinet seats.According to the Constitution, the Cabinet must in the firstinstance seek consensus.The Interim Constitution provides for a Constitutional Courtwhose responsibility is to interpret, defend, and enforce theConstitution. The Court will have the power to overturn any lawor executive act that it deems unconstitutional. Chapter threeof the Constitution delineates over 25 fundamental rights of aSouth African citizen which it is the Court's duty to protect.The Constitutional Court must rule on whether the constitutionsadopted by the Constitutional Assembly or any of the provincesare consistent with the Interim Constitution's constitutionalprinciples. The 11 judges of the Court were named in October,and they were expected to begin hearing evidence on their firstcase, concerning the legality of the death penalty, in January1995.The first major test for the government coalition centered onthe Justice Ministry's draft legislation designed to fosternational reconciliation (see Section 1.e.).There are no legal impediments to women's participation ingovernment and politics. In fact, a record 106 women sit in thenew 400-member National Assembly and 16 women in the 90-memberSenate. A woman, Dr. Frene Ginwala, was elected speaker of theNational Assembly, and women parliamentarians have formed acaucus in order to press for legislative and other solutions toproblems of sex discrimination. However, women are less wellrepresented in the Cabinet where only 3 out of 28 ministers and3 out of 13 deputy ministers are women. There are no womenamong the 9 provincial premiers.Section 4 Governmental Attitude Regarding International andNongovernmental Investigation of Alleged Violations of HumanRightsThe new nonracial, democratically elected Government hascontinued to pursue the preelection government's practice ofpermitting an increasingly broad range of domestic andinternational organizations to monitor, investigate, and reporton human rights issues.On August 22, the Senate passed legislation creating the HumanRights Commission and the Office of Public Protector, two bodiesfor the protection of human rights which the InterimConstitution mandated. The Parliament's Standing Committee onJustice has insisted that the Office of Public Protector, whosetask is to investigate abuse and maladministration bygovernment, should maintain its independence of the executivebranch. Accordingly, Parliament will appoint the PublicProtector and determine compensation and conditions of service.Throughout the first 4 months of 1994, when the most intensiveelection campaigning took place, the United Nations, theEuropean Union, the Commonwealth of Nations, and theOrganization of African Unity stationed observers in SouthAfrica to monitor campaign activities and any violence relatedto them. These observers attended marches, demonstrations, andother mass events, monitoring compliance by all participatingorganizations with both the principles of the National PeaceAccord and the guidelines of the Goldstone Commission governingmarches and political gatherings. The observer groups enjoyedcomplete freedom of access to all geographic areas,institutions, and personalities, except in the then homeland ofBophuthatswana.The central and most provincial governments also welcomed visitsand suggestions by, and cooperated with, a number ofinternational nongovernmental human rights organizations(NGO's). However, while authorities in the Gauteng (ex-PWV)region granted complete access to NGO's to detention cells,those in Northern Natal, under the state of emergency,restricted NGO access. This disparity in responsiveness betweenthe Gauteng and KwaZulu/Natal provincial governments haspersisted since the election.As noted in Section 1.c., the Government granted the ICRC accessto all prisoners and detainees. Prior to the April election,the former Bophuthatswana government resisted ICRC reliefactivities but did give the ICRC access to prisons. However,after the election, ICRC has had complete access to prisonersand detainees throughout the country, including during the stateof emergency in KwaZulu/Natal. The Government's receptivity toICRC prison visits is especially noteworthy in view of widelypublicized charges by the South African Prisoners Organizationfor Human Rights concerning poor prison conditions (see Section1.c.).Section 5 Discrimination Based on Race, Sex, Religion,Disability, Language, or Social StatusThe Constitution explicitly prohibits discrimination on groundsof race, gender, ethnic or social origin, color, sexualorientation, age, disability, religion, conscience, belief,culture, or language. WomenDiscrimination against women, particularly against black women,remains a serious problem despite legal and constitutionaladvances in 1994.There is still a high rate of domestic violence against women.According to the Department of Justice, between December 1993and July 1994, magistrates issued some 5,207 restraining ordersin response to complaints of domestic violence. A HumanSciences Research Council study indicated that 43 percent ofwomen questioned said that they had been victims of marital rapeand assault, and more than half also knew of other women who hadbeen battered. When contacted for assistance, police andcommunity services were, in most cases, reluctant to interveneon a woman's behalf. Over 50 percent of murdered women died atthe hands of their male partners.The recent overall increase in violent crime in South Africa hasalso been reflected in the level of crimes against women.According to the latest available statistics from the SouthAfrican Police Service, there were 25,298 incidents of rapereported nationwide during the period January 1 through October31, 1994, involving women 18 years of age and older. Thisrepresents a 17 percent increase over the 21,543 incidents ofrape reported for the corresponding period in 1993. In 1992there were 23,675 rapes reported but only 6,131 rapistsconvicted. In cases of rape accompanied by extreme violence,offenders can receive stiff sentences, including lifeimprisonment. In September there were several well publicizedcases of forced prostitution involving South African and foreign(Asian and other African) women in Johannesburg. During raids,police arrested women and establishment operators but not malepatrons.In late 1993, Parliament passed the Promotion of EqualityBetween Men and Women Act and the Prevention of Family ViolenceAct. In August the Department of Justice released a familyviolence brochure and a poster explaining the protectionsafforded women and children under the new legislation. Womenwho know their rights can apply to a judge or a magistrate foran injunction prohibiting a partner from acting violentlyagainst them.Discrimination against women in traditional law remains. InSeptember Home Affairs Minister Mangosuthu Buthelezi promisedthat the KwaZulu/Natal legislature would abolish discriminatorycustomary laws under which women are considered and treated asminors. Such laws exist among other ethnic groups, too, wherethey remain unchallenged.Women's rights groups continue to press the Government to enactlegislation to protect women in customary marriages, to provideequal fringe benefits for women in the workplace, and tolegislate equal taxation for women. In response, the newGovernment has repeatedly proclaimed its commitment to women'srights and to a "nonsexist" South Africa. Even prior to theApril election, the TEC had created a Subcouncil on the Statusof Women. ChildrenThe Interim Constitution stipulates that children have the right"to security, basic nutrition, and basic health and socialservices." Although the Government is committed to providingthese services and to correcting past race-based imbalances, itis still developing the mechanisms for delivering the necessaryservices. Best estimates indicate that between 25 and 33percent of South Africa's children suffer from chronicmalnutrition or stunted growth.Special programs known as "Presidential Initiatives" (owing toPresident Mandela's interest in them) are part of theReconstruction and Development Program and offer free healthcare to pregnant mothers and children under 6 and provide anutritional feeding for primary school children. These programsare aimed at correcting imbalances such as those reflected inthe infant mortality rate, which is 6 per thousand among whitescompared with 66 per thousand among blacks.Violence against children is widespread, including in prisons(see Section 1.c.). From January through November 30, the SouthAfrican Police Service's child protection unit investigated20,624 crimes against children, including 6,670 cases of rape,3,598 cases of indecent assault, and 2,949 cases of commonassault. Many NGO's, such as the National Children'sRights Committee, are working to enhance the quality of life ofSouth Africa's children. At year's end, the public awaited areport from the Goldstone Commission on its investigation intothe effects of violence on children. National/Racial/Ethnic MinoritiesWith the adoption of the Interim Constitution and Bill ofFundamental Rights, and the near-total repeal of the race-basedstatutes of the apartheid era, South Africa has theoreticallyeliminated all forms of racial discrimination. Many privatesector companies and institutions have initiated their ownaffirmative action programs in an effort to correct workforceimbalances and avoid government-instituted programs. However,de facto discrimination is still widespread, and the whiteminority still controls much of the power and wealth.The Government has begun reorganizing and redesigning theeducational, housing, and health-care systems to benefit allracial and ethnic groups in society more equally, but until thework is completed, de facto discrimination continues in allthese areas. People with DisabilitiesIn 1994 South African society continued to promote anincreasingly modern concept of people with disabilities as aself-empowered minority whose civil rights must be protected.This approach is reflected most notably in the InterimConstitution and Bill of Fundamental Rights which includesdisability as a basis for nondiscrimination.During the April 26-29 election, the IEC made extensive effortsto enable disabled citizens to vote, including the use of mobilepolling stations.In 1986 the NP government incorporated architecturalspecifications into the National Building Code to ensure equalaccess to public buildings for the physically disabled.However, these have rarely been enforced and, until recently,public awareness of them was virtually nonexistent. TheNational Environmental Accessibility Program, an NGO whoseaffiliated members comprise disabled consumer as well as service-provider groups, has now established a presence in all nineprovinces in order to lobby for compliance with the regulationsand to sue offending property owners, as necessary.According to the LHR, the public service staff code healthrequirements are unnecessarily invasive and attempt to identifythe limitations of job applicants rather than theircapabilities. These requirements equate disability with illhealth and thus reinforce the notion that disabled people areunhealthy and unfit for work. Government personnel managershave used the wide discretion allowed them to prevent disabledpeople from gaining permanent employment status. At year's end,the government department responsible for the Reconstruction andDevelopment Program (RDP) and Disabled People South Africa, theprincipal South African civil rights organization of people withdisabilities, were negotiating the appointment of an official toensure that all RDP projects take account of the needs ofdisabled South Africans.Section 6 Worker Rights a. The Right of AssociationThe Labor Relations Act entitles all workers in the privatesector to join labor unions of their choosing. There are 201registered trade unions and 47 unregistered unions, with a totalapproximate membership of over 3 million workers or 45 percentof the employed, economically active population. Probably morethan half of all union members are black.At year's end, the Government was drafting a new labor relationsact designed to consolidate and simplify South African laborlaw. Currently, South African labor relations are characterizedby a patchwork of labor law and practice largely designed toinhibit or restrict trade union organization and activity. Theresult is an uneven and sometimes volatile labor relationsclimate in which trade unions must rely as much on their ownorganization and strength as on their legal rights to achievetheir objectives.The Congress of South African Trade Unions (COSATU) is formallyallied with the ANC and the South African Communist Party. Over60 COSATU members serve in national and provincial legislaturesand administrations. The second largest trade union federation,the National Council of Trade Unions (NACTU), while officiallyindependent of any political grouping, has close ties with thePAC and the Azanian People's Organization.In 1979 South Africa extended the right to strike, long enjoyedby white workers, to most private sector workers, regardless ofrace. Since then, work stoppages triggered by collectivebargaining disputes, and occasionally by political issues, havebeen commonplace. Current South African labor law does notprohibit an employer from firing a striking employee. However,the Industrial Court has reinstated such fired employees when itconsidered the firing to be an unfair labor practice. In thisregard, the Court has held that striking employees cannot befired if the strike is a valid part of the collective bargainingprocess.Historically, public sector employees have been legallyprohibited from striking. The 1993 passage of a Public SectorLabor Relations Act, while clarifying the collective bargainingprocess for public sector employees, still sharply restrictsstrike activity. COSATU has argued that the Government'sdefinition of "essential services" is too broad, and that it isspecifically designed to block public sector strike activity.The Government does not restrict union affiliation with regionalor international labor organizations.The International Labor Organization (ILO) readmitted SouthAfrica in 1994. Originally an ILO member since its 1919inception, South Africa withdrew from the ILO in 1964.Following the reinstatement, the International Labor Conferencerescinded its declaration concerning action against apartheid.</text>
</content>
<name> </name>
<script></script>
</card>
card_65069.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SOUTH AFRICA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SOUTH AFRICAIn a dramatic and historic departure from 46 years of white-minority rule, South Africans in 1994 participated in thecountry's first multiracial election. During a 2-week periodfrom April 26 to May 10, South Africans officially replaced theapartheid regime with a democratically elected Government ofNational Unity. The first nonracial election took place April26-29, administered, monitored, and deemed substantially freeand fair by an Independent Electoral Commission (IEC), andobserved by thousands of domestic and international monitors.The new Interim Constitution and Bill of Fundamental Rights cameinto effect on April 27, replacing the previous regionalgovernment structure of 4 provinces and 10 homeland territorieswith 9 provinces. Nelson Mandela was inaugurated as Presidenton May 10, with the previous president, F.W. de Klerk, servingas one of two Deputy Presidents. A multiparty TransitionalExecutive Council (TEC) served as a bridge between thedissolution of the old regime and the installation of the newGovernment of National Unity.The African National Congress (ANC), the National Party (NP),and the Inkatha Freedom Party (IFP), with a total of 377 of 400seats in the National Assembly, formed the new Government andshared proportionally the original 27 cabinet positions: 18 forthe ANC, 6 for the NP, and 3 for the IFP. The National Assemblyand the 90-member Senate, when in joint session, comprise theConstitutional Assembly which is tasked with formulating SouthAfrica's new constitution.Although the security forces, including the newly named SouthAfrican National Defense Force (SANDF) and the South AfricanPolice Service (SAPS), are undergoing monumental changes, theyremain a powerful, influential, and highly autonomous forcewithin the Government. During the election, the securityforces, especially the then South African Defense Force, had apivotal role, maintaining public order and providing the IECwith logistical support. Starting in April, the SANDF initiatedthe process of integrating into its 65,000-strong ranks 20,000former members of Umkhonto We Sizwe (MK), the armed wing of theANC; 6,000 former members of the Azanian People's LiberationArmy (APLA), the armed wing of the Pan Africanist Congress(PAC); and 9,000 members of the former homeland armies. Whilethe integration will bring the total SANDF force toapproximately 100,000, the military leadership has pledged toreduce this number to between 65,000 and 75,000 throughvoluntary and involuntary resignations. The SAPStotals 120,000 and is expected to assimilate 30,000 police fromthe former homelands.In 1994 the SANDF acquitted itself well in internal securityoperations, particularly during the state of emergency inKwaZulu/Natal, but there continued to be credible reports oftorture and unexplained deaths of persons while in policecustody. Also, the National Peacekeeping Force (NPKF), whichwas deployed to some townships during the preelection period,performed poorly and inadvertently killed at least one person.The Government disbanded the NPKF following the elections,incorporating some of its members into the ranks of the SANDF.South Africa has a diversified and productive economy withstrong agricultural and industrial sectors. The manufacturingsector contributes 25 percent to a gross domestic product of$111.8 billion. Unequal opportunities and disproportionategovernment spending over the years have resulted in illiteracy,high unemployment, and other social ills among the blackmajority. The unemployment rate in the formal sector isapproximately 46 percent, while over 60 percent of the blackpopulation is either totally without work or employed in theinformal sector.The year represented a turning point in South Africa's humanrights history. The new Interim Constitution and the Bill ofFundamental Rights provides for freedoms of speech, press,assembly, association, religion, free movement of travel anddomicile, and protection of minority rights. Section 29 of theInternal Security Act (ISA), which had permitted the oldgovernment to detain thousands of persons without charge ortrial for indefinite periods, was repealed.Following the installation of the new Government, there was adramatic reduction in political and other extrajudicial killing.Once the IFP leadership decided to participate in the electioncampaign and the elections were held, violent conflict betweenthe ANC and IFP supporters subsided, and white rightwingextremists seemed to resign themselves to the inevitable.Nevertheless, politically motivated violence persistedthroughout the year, especially in KwaZulu/Natal, the IFP'sprovincial stronghold, in spite of a state of emergency therefrom March 31 to August 31. Both the ANC and IFP wereresponsible for this violence. The number of unexplained deathsin police custody also continued at a high level. The GoldstoneCommission unearthed prima facie evidence which implicatedsenior South African Police officers in the supplyof weapons to the IFP. A team of Dutch human rights monitorsand police experts, as well as investigators from an IndependentBoard of Inquiry (a nongovernmental organization whose primarymission is to investigate political violence and policemisconduct), uncovered a pattern of police torture of detaineesin the Vaal Triangle area of suburban Johannesburg. Manyknowledgeable observers believe that, in spite of theconstitutional changes and the introduction of human rightstraining for the SAPS, improvement in respect for human rightswill only occur once the former SAP leaders have been removedfrom office.The Justice Ministry-drafted bill that recommended amnesty tothose who committed politically motivated crimes between 1960and 1993 loomed at year's end as a major test for the newGovernment in achieving its accountability and reconciliationgoals. The Government also announced reforms aimed atstrengthening women's rights and its intention to revamp SouthAfrica's labor relations system by giving a statutory basis tocollective bargaining and improving dispute resolutionprocedures. Violence against women continued to be a seriousproblem.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, IncludingFreedom from: a. Political and Other Extrajudicial KillingThe level of political and extrajudicial killings decreased in1994, especially after the April election, but still remainedhigh. The December total of 94 politically motivated deaths, asreported by the Human Rights Committee of South Africa (HRC),was the lowest monthly figure since February 1991. The SouthAfrican Institute of Race Relations (SAIRR), which alwaysemphasizes the provisional nature of its year-end statistics,reported 89 deaths for the month of December. HRC reports therewere 2,687 politically motivated deaths throughout 1994 (thecorresponding SAIRR figure is 2,367), compared with 4,364 in1993, and 2,987 politically motivated injuries, compared with4,339 in the preceding year. In 1994, 31 persons died in policecustody, compared with 39 in 1993. In KwaZulu/Natal, there were1,588 politically motivated deaths in 1994, compared with 2,009in 1993. There were 1,631 politically motivated deaths duringthe 4 months preceding the election, compared with a much lowerfigure of 1,056 deaths during the remaining 8months of the year. On the other hand, the number of deaths inpolice custody for the 4 months preceding the election and the 8months following it (11 and 20, respectively) showed almost nodownward swing at all.There were a number of killings by official forces, elements ofwhich, it had become increasingly clear through the GoldstoneCommission investigations, had been involved in the past incovert "third force" activity to foment ANC/IFP conflict. Thelargest number of political and extrajudicial killings werecommitted by the rival ANC and IFP, often involving their localself-defense units (ANC SDU's) and self-protection units (IFPSPU's). The vast majority of the violence was concentrated inKwaZulu/Natal and the East Rand sections of metropolitanJohannesburg. There were also killings by homeland securityforces, rightwing extremists, and in the "taxi war" killings byrival groups, that allegedly involve political undertones.Killings related to the taxi wars occurred not only in theWestern Cape but in all regions of the country except the FreeState and Northern Cape. Taxi-related deaths increased sharplyduring the final quarter of 1994. Out of a nationwide totalfigure of 184 for the whole year, there were 36 deaths recordedin October and 39 in November.In the first incident of targeted political killing since the1993 murder of Chris Hani, an unknown assailant(s) killed formerDutch Reformed Church moderator Johan Heyns in his Pretoria homeon November 5. Although at year's end, the police had nosuspect or confirmed motive, there was widespread speculationthat rightwing extremists had assassinated Heyns for politicalreasons. The apparent professionalism with which the killingwas carried out stunned the population and created anxiety amongparliamentarians and the press about a new round of politicalviolence.In February the TEC formed the NPKF, composed of 35,000"volunteers"--largely MK soldiers, in the hope that it would bemore effective than the SAPS in keeping the peace between thehostel dwellers (generally IFP supporters) and squatter-campresidents (generally ANC supporters) in Johannesburg'stownships. However, on its first assignment in the East Rand,it performed poorly. During an April 18 firefight betweentownship residents, the NPKF was caught in the crossfire andreturned fire wildly, reportedly killing one reporter andwounding two others.According to HRC data, 31 persons died in police custody in1994. Incident reports on these deaths did not reveal a clearpattern. In some cases, those arrested died as a result ofinjuries received either during attempted crime or during thearrest process. In other cases, those arrested committedsuicide in their police cells. In a few cases, pathologistreports confirmed allegations of police abuse and torture attime of interrogation. Such incidents, however, are generallyconsidered to be the exception rather than the rule.On March 18, the Goldstone Commission released a report in whichit presented prima facie evidence implicating senior SouthAfrican Police (SAP) officers in third force activity inclandestine support of the IFP. The report specificallyimplicated Colonel Eugene de Kock, a police training unitcommander, in the supply of weapons to the IFP. As a result ofthe report, a number of very high-ranking SAP officers retiredfrom the service, while de Kock himself was arrested and, havingbeen refused bail, awaited trial at year's end. Meanwhile, theTransvaal Attorney General continued to investigate the thirdforce allegations of the Goldstone Commission.Similarly, in the widely followed Goniwe inquest, whichconcluded May 28, the judge found that, although he was unableto identify the murderers, there was prima facie evidenceimplicating the security forces in the June 27, 1985, killing ofthe so-called "Cradock Four," which included Matthew Goniwe andthree United Democratic Front colleagues. In this case,evidence included a security force document calling for Goniweand his colleagues to "be permanently removed from society as amatter of urgency."In the preelection violence, in mid-March the BophuthatswanaSecurity Forces (BSF) used lethal force in attempting to putdown protests calling for homeland president Mangope to stepdown and terminate Bophuthatswana's nominal independence. BSFmembers killed at least 42 people and injured 150 others duringthe protest activity.The new Government began a formal investigation into KwaZuluPolice (KZP) hit squads in September and also began apreliminary investigation into ANC hit squad activity in theKwaZulu/Natal Midlands region.There were many incidents involving killings by ANC/IFPsupporters. The greatest death toll resulting from any onesingle incident occurred in Johannesburg on March 28, when ANCand IFP supporters fought during a Zulu-sponsored march insupport of King Goodwill Zwelithini's call for a sovereign Zulustate and in opposition to the upcoming election. By the end ofthe day, over 50 people had died in the fighting, including 8persons shot dead in front of ANC headquarters. After theelection, an ANC minister in the new Government acknowledgedthat persons coming from ANC headquarters had also attacked themarchers during the incident and promised a full investigation.At year's end the investigation was ongoing, but, according tomost reports, the deaths in this case were due largely to theANC/IFP fighting rather than to police intervention in themelee.In KwaZulu/Natal, the ANC/IFP preelection conflict resulted inseveral ugly episodes, including one on April 12, when IFPsupporters tortured and massacred eight employees of a privatecompany who were handing out TEC leaflets explaining votingprocedures.In postelection violence some SDU's, SPU's, and somewhatpoliticized criminal gangs continued to kill suspected politicalopponents. The ANC and the IFP did not always have control overthese local vigilante groups. Observers pointed out that inareas like Tokoza and Katlehong near Johannesburg, lawenforcement actually remained in the hands of these heavilyarmed local groups rather than the SAPS. In thePretoria/Witwatersrand/Vereeniging (PWV) region (soon to beofficially renamed Gauteng), two initial groups of former SDUand SPU members have already undergone the necessary training tobe integrated into the regular police units. However, thisprogram is still regarded as experimental.In the March political violence in Bophuthatswana (see above),some 1,500 rightwing extremists arrived in the homeland,allegedly at the request of the homeland president, to helpstabilize the territory. In the process, a Bophuthatswanapolice officer executed two of the white extremists in full viewof television cameras. The violence ended when the TEC sent inthe SADF to restore order and placed the homeland under TECcentral authority.Not only in Bophuthatswana did white rightwing groups, such asthe Afrikaner Weerstandsbeweging (AWB), engage in extensiveviolence prior to the election. In the week immediatelypreceding the election, there were 13 separate bombingsthroughout the PWV region, mainly attributed to rightwingextremists. These incidents caused 23 deaths and 179 injuries.Since April no significant incidents or organized, politicallymotivated violence have occurred which might be directlyattributable to rightwing extremists, although many observersbelieved that rightwing elements assassinated prominent churchleader Johan Heyns on November 5 (see above). b. DisappearanceThere were no reported cases of disappearances caused byofficial forces. However, neither the TEC nor the newGovernment initiated any new investigations into pastdisappearances, in the hopes that the still to be establishedTruth and Reconciliation Commission will investigate cases suchas that of the 1988 disappearance of community activist StanzaBopape. c. Torture and Other Cruel, Inhuman or Degrading Treatmentor PunishmentAlthough the Interim Constitution stipulates that "no personshall be subject to torture of any kind, whether physical,mental or emotional, nor shall any person be subject to cruel,inhuman or degrading treatment or punishment," there werecredible reports that, both before and after the InterimConstitution came into effect, police tortured and severelymistreated detainees in their custody.In one of the most egregious examples, credible reports indicatea pattern of systematic torture of police detainees by themembers of the Vanderbijlpark Murder and Robbery Unit in theVaal Triangle area of suburban Johannesburg. At year's end, ateam comprising a Witwatersrand/Vaal Triangle police officer, arepresentative from the Independent Board of Inquiry, three SAPScolonels, and police experts from the Netherlands and the UnitedKingdom, had conducted a detailed investigation of 121 cases oftorture, the vast majority of them involving the VanderbijlparkMurder and Robbery Unit. Of these 121 cases, at least 29 hadbeen completed and forwarded to the Attorney General for action.By the end of 1994, the Attorney General had decided toprosecute in 7 cases involving 12 police officers. The AttorneyGeneral declined to prosecute in 5 cases, and the remainingcases were still pending. In the meantime, the authoritiestransferred four police officers out of the Vanderbijlpark Unit,pending further investigation. The initial findings indicatedthat, among the alleged torture methods, officers of theVanderbijlpark Murder and Robbery Unit frequently employed electricshock.There were other reported incidents of police torture elsewherein South Africa, often involving "tubing", a method ofsmothering the nose and mouth of torture victims with a rubbertube, thereby making it virtually impossible for them tobreathe. For example, in August, internal stability unitmembers from Mtubatuba, Northern Natal, allegedly assaulted anANC-supporting shop steward with a rubber tube at the policestation in Ngwelezane.From the outset the new Government gave a high priority toaddressing the issue of police brutality and the need forinstitutional reform, especially in the light of the GoldstoneCommission findings. More recently, the existence of heavilyarmed local groups has complicated law enforcementresponsibilities (see Section 1.a.). On May 25, the Ministerfor Safety and Security announced plans for a comprehensivereorganization of the SAPS, including decentralization of thecommand structure, the promotion of more women and blacks intosenior officer ranks, and introduction of a new institutionalculture in support of democratic constitutional rights. Duringthe year, there were new programs aimed at furthering police-community relations, and the Lawyers for Human Rights (LHR), oneof the foremost human rights advocacy groups in South Africa,regularly conducted human rights education and trainingworkshops for police officers and instructors at police collegesthroughout the country. Nevertheless, at year's end theeffectiveness of these measures in reducing SAPS abuses had yetto be demonstrated.In general, prison conditions are poor but not life threatening.The Department of Correctional Services has traditionallyrefused to provide information on prison operations, but therewere reports that inmates and prison guards killed someprisoners. After several prison riots instigated by the SouthAfrican Prisoners Organization for Human Rights (SAPOHR), thePresident created the Commission of Inquiry into the Unrest inPrisons. During Commission hearings, SAPOHR cited widespreadhuman rights abuses in prisons, including deaths, assault,harassment, and other physical and psychological abuse. Atyear's end, the Commission's report had not yet been madepublic.Female prisoners normally enjoy better conditions than do theirmale counterparts; women's facilities are generally cleaner andless austere. In an effort to reduce prison overcrowding, theGovernment granted an amnesty in 1994 to all female prisonerswith children under 12, if they had been convicted of nonviolentcrimes.South African prisons offer no special services nor protectionfor juvenile inmates, thereby leaving them vulnerable to abuse.Although by law persons between the ages of 18 and 21 areconsidered "juveniles" and must be incarcerated away from adultprisoners, this is often not the case. As a result there iswidespread rape and sexual exploitation of juveniles by adultprisoners who are sometimes aided and abetted by warders.Juvenile prostitution is common in the prisons. Theconservative leadership of the Department of CorrectionalServices has resisted pressure to address this problem or toimplement policies on AIDS awareness and prevention.According to the Department of Correctional Services, as ofDecember 1, l994, there were 613 children under age 18 servingprison sentences and 665 children awaiting trial. On May 24,President Mandela ordered all relevant government departments totake immediate steps to empty South Africa's prisons of childrenand place them in suitable alternative care. In addition, theCorrectional Services Amendment Bill, which was tabled beforeParliament on August 24, is designed to humanize the treatmentof children upon their arrest. In a September 20 amendment tothe draft bill, the Parlimentary Standing Committee onCorrectional Services provided that, following arrest, childrenunder 14 could not be detained for longer than 24 hours withoutbeing afforded an opportunity to appear in court. In addition,following a court appearance, they would have to be located in aplace of safety or in a foster home rather than be incarcerated.Children between the ages of 14 and 18 could be incarceratedfollowing a court appearance but only for a maximum of 48 hours.However, in November, the Advisory National Working Group onChildren in detention/alternative centers indicated that theSeptember 20 amendment could not be implemented because allexisting alternative care facilities were already occupied byother children. At year's end, this problem awaitedconsideration in the January 1995 session of Parliament.By agreement with the Government, the International Committee ofthe Red Cross (ICRC) has access to all inmates in South Africanprisons and to all police station detainees. The ICRC providesthe authorities with reports of any substandard prisonconditions it encounters, but does not publish its findings.However, the South African Prisoners Organization for HumanRights (SAPOHR) does publish its findings. d. Arbitrary Arrest, Detention, or ExileThe Interim Constitution prohibits detention without trial. InApril the National Assembly repealed portions of the PublicSafety Act (PSA) and the Internal Security Act (ISA), whichpermitted indefinite detention of persons without charge ortrial.Under the Interim Constitution, every "detained person" has anumber of rights, including the right to be informed promptly ofthe reasons for detention; to be charged within 48 hours ofarrest; to be detained in conditions of human dignity; toconsult with legal counsel at every stage in the legal process;to communicate with relatives, medical practitioners, andreligious counselors; and to be released with or without bail,unless the interests of justice require otherwise. At year'send, most courts and police appeared to be acting in good faithto respect these rights, although there was a lack of uniformityin application at some levels.According to the HRC, the authorities detained 270 personswithout charge from January 1 through May 15 under the old laws,but had detained no person since then unless properly charged.Throughout the year, the Advisory Commission on Indemnity andAmnesty, chaired by LHR national director Brian Currin,continued to process amnesty and indemnity applications by thoseclaiming to be political detainees or prisoners (see Section1.e.). e. Denial of Fair Public TrialThe Interim Constitution's section on fundamental rightsprovides for due process, including the right to a fair, publictrial, with counsel and within a reasonable time of beingcharged; and with the right of appeal to a higher court. ThatConstitution also provides for an independent and impartialjudiciary subject only to the Constitution and the law. TheConstitution established the Constitutional Court as the supremearbiter of constitutional questions and overturned the principleof parliamentary sovereignty, which, under the old system,restricted courts' authority to alter or strike down laws. Thischange removed a key obstacle to maintaining judicialindependence.The new Court was expected to begin hearing cases in early 1995.Its 11 members, who will serve 7-year terms, were selected by aprocess which attenuates direct political influence: While 5 ofthe 11 Constitutional Court judges were directly chosen by theState President, the remaining 6 judges were selected by thePresident from a list of 10 nominees submitted by the JudicialService Commission (see Section 3).The relationship between the Constitutional Court and theAppellate Division of the Supreme Court in Bloemfontein (whichwas formerly the country's supreme judicial body) remainsunclear, as does the extent to which appellants will bepermitted to seek Constitutional Court review as a right, ratherthan at the Court's discretion.Judges try criminal cases; the jury system was abolished in1969. The Supreme Court or in one of its provincial divisionstry serious offenses, including capital crimes. Magistrates,who are career civil servants, hear lesser offenses. Thepresiding judge or magistrate determines guilt or innocence.While initial indications point to good-faith efforts by SouthAfrican authorities to ensure fair public trial, delays inimplementation of due process rights are widespread. Inparticular, pretrial delays still plague the criminal justicesystem, which sometimes result in the obstruction of justice.The delays are due to a combination of poor court management andthe growing exercise of the right to counsel, coupled with theinability of legal aid structures to cope with demand in atimely fashion.Critics continued to charge that the judiciary remained abastion of de facto apartheid. White males have alwaysdominated the bench, as well as the senior members of the barfrom whose ranks judges have been chosen. As a result, extremeracial and gender imbalances continue. President Mandela notedin September that the country's 94 judges include only 1 blackand 2 women (both white). In addition, only 37 of 1,088magistrates, 37 of 172 senior counsel, and 1,180 of 8,300attorneys are black. In late December, Durban attorneyNavanthem (Navi) Pillay became the first black woman in SouthAfrican history to be appointed a judge; she will serve on theNatal Supreme Court bench.President Mandela vowed to act promptly to redress theseimbalances. The Government adopted policy changes to permit theappointment of attorneys and law professors as SupremeCourt judges. This greatly broadened the pool from which judgescan be selected and should help to create a more diverse andrepresentative bench.During the year, the Mandela Government also began to addressthe controversial issues of both amnesty and punishment for pasthuman rights abuses. The Cabinet debated a draft bill whichwould create a "Truth and Reconciliation Commission." ThisCommission would investigate political crimes and human rightsabuses committed, inter alia, by members of the apartheid-eragovernment security apparatus, rightwing extremist groups andantiapartheid liberation movements. In addition, the Commissionwould authorize reparations and other compensatory measures forvictims and relatives of victims of certain abuses.In the draft bill, which has been circulated for comment, thecabinet agreed that the Commission would cover crimes and abusescommitted between March 1, 1960, and December 6, 1993, and thatthe approximately 10 members of the Commission would beindependent and would be appointed by the President upon therecommendation of Parliament. It was expected that thecommissioners would complete their work within a period of 12 to18 months. The Commission would have three committees to handleamnesty and indemnity, human rights violations, and reparationsto and rehabilitation of victims. The draft bill institutingthe Commission is expected to be debated in the January 1995session of Parliament.The number of political prisoners still held at year's end wasunknown, but was believed to be in the low hundreds. TheAdvisory Committee on Indemnity and Amnesty had by year's endprocessed more than 1,200 applications from persons claimingthey were political prisoners or facing political charges. TheCommittee recommended about 250 cases for amnesty. According tothe HRC, the authorities had granted indemnity to 69 politicalprisoners in late November, pursuant to Committeerecommendations, and earlier had released over 90 at theCommittee's behest.In addition to those mentioned in Section 1.a., there wereseveral other important cases in which the courts sentencedoffenders for past human rights abuses. For example, on March30, the Pretoria Supreme Court convicted 17 hostel-dwellers,presumed to be IFP supporters, for the massacre on June 17,l992, of 45 people at the Boipatong Township squatter camp, anarea of ANC support. Also, on May 11, the Rand Supreme Courtsentenced to death six white rightwing extremists for the murderof four blacks, including an 11-year-old child, at a roadblocknear Randfontein on December 12, 1993.</text>
</content>
<name>South Africa </name>
<script></script>
</card>
card_64834.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SOMALIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SOMALIA*Somalia has been in a state of nearly unceasing civil war since 1988. Its last president, dictator Mohamed Siad Barre, fled the country in 1991. The fighting between factional clan leaders resulted in massive killing, dislocations, and starvation of thousands of citizens and led the United Nations to intervene militarily in 1992.There continued to be no central authority in Somalia. Despite U.N. Operations in Somalia (UNOSOM) efforts, the Somalis have not been able to reestablish traditional means of social control and administration of justice. The clans and subclans that had dominated all important aspects of life lost influence to a variety of political factions and armed militias. Large numbers of persons remained displaced and continued to live in fear for their lives and property.The Hawiye clan's United Somali Congress (USC), which controlled much of southern and central Somalia, including Mogadishu, continued to be split between General Mohammed Farah Aideed of the Somali National Alliance (SNA) and Ali Mahdi Mohammed of the Somali Salvation Alliance (SSA). Attempts to reach reconciliation failed. In the extreme south, where Darod clans are strong, remnants of Siad Barre's Somalia National Front (SNF) vie for control with other groups, including a divided Somali Patriotic Movement (SPM). The Isaak-dominated Somali National Movement (SNM) continued to control the northwestern "Somaliland" area, and in the northeast, the divided Somali Salvation Democratic Front (SSDF) controlled the traditionally Majertain homelands. In both areas, violent intrafactional conflicts developed during the last months of 1994. The fighting in Hargeisa, capital of the Somaliland region, was particularly intense and resulted in numerous civilian casualties and the suspension of almost all humanitarian assistance programs.In response to worsening conditions, the U.N. Security Council (UNSC) passed several resolutions concerning Somalia and UNOSOM. Resolution 897 scaled back the number of peacekeepers *The absence of progress toward reconciliation and a continued decline in security led to the relocation of the U.S. Liaison Office from Mogadishu to Nairobi on September 15. U.S. diplomats based in Kenya made periodic visits to Somalia after that date.and the goals of the U.N. mission. In November, in the absence of political reconciliation and a deteriorating security situation, the UNSC ordered a total withdrawal of UNOSOM from Somalia by March 31, 1995. At year's end close to 10,000 peacekeepers from Pakistan, Egypt, Bangladesh, Malaysia, and Zimbabwe remained on the ground.When UNOSOM was forced to abandon the development of a national police force, local law and order remained highly arbitrary and largely in the hands of factions and clan-based Islamic courts, some of which applied strict Islamic (Shari'a) law.Somalia's economy improved in 1994, compared to 1992 when U.S. and other foreign troops intervened to halt mass starvation. UNOSOM was initially successful in facilitating the flow of food to the starving population, and, despite the deteriorating security situation, agricultural production revived in many parts of the country. Excellent rains during the principal growing season resulted in a bountiful harvest--close to 75 percent of prewar levels. Thousands of displaced people and refugees returned to their homes. Flooding in the fall of 1994 caused extensive damage to crops in the Juba valley, apparently without causing too much harm to reserve food stocks. Commercial exports of livestock and fruit increased in 1994, including an estimated 13,000 metric tons of bananas.The human rights situation deteriorated throughout the year as calls for military restraint went unheeded. Intraclan conflict worsened as rival groups, including those of Aideed and Ali Mahdi, jockeyed for power and control of strategic areas. There were continuing reports that factional militia, bandits, and clan militias committed extrajudicial killings and also intimidated, detained, raped, and kidnaped persons in order to gain or maintain power in areas under their control. It was impossible to investigate these charges in most instances. Violence and social discrimination against women and abuse of children remained widespread.There were few reports of abuses by UNOSOM troops in 1994, in part because of the changes in UNOSOM's mission and the withdrawal of a significant percentage of foreign troops.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political or Other Extrajudicial KillingPolitical violence and banditry have been endemic to Somalia since the overthrow of Siad Barre. Tens of thousands of Somalis, mostly noncombatants, have died in interfactional and interclan fighting in the past 6 years since the revolt against Siad Barre (see Section 1.g.). Somali factions also targeted UNOSOM peacekeepers, resulting in the deaths of 37 soldiers by year's end. In one of the most brutal attacks, SNA militia murdered five Nepalese soldiers in May during an ambush outside the UNOSOM compound in Mogadishu.Although civilians were routinely killed during the fighting, politically motivated killings appeared to be less common. However, in one incident in August, three Indian medical officers were killed at their hospital in Baidoa. The attack may have been in retaliation for the deaths of several armed Somalis killed by Indian troops a few days earlier during an ambush of a U.N. convoy. In early December, pro-Aideed gunmen killed two Somalis demonstrating against General Aideed's efforts to form an interim government under his leadership. In August unidentified interfactional crossfire killed a Swiss reporter in the south, where he was visiting an aid project.In June the U.N. Security Council issued a report of the findings of a Special Investigatory Commission established late in 1993 to investigate armed attacks on UNOSOM personnel, including the June 1993 incidents that sparked the unsuccessful effort to apprehend General Aideed. While acknowledging that General Aideed refused to cooperate with its investigation, the Commission harshly criticized UNOSOM in several ways, including UNOSOM's apparent policy of arbitrary detention. The Commission also criticized inadequate command-and-control arrangements for UNOSOM peacekeeping troops. It concluded that the United Nations should refrain from further peace enforcement actions along the lines of its Somalia mission. b. DisappearanceThere were no known reports of unresolved politically motivated disappearances, although kidnaping remained a major problem, particularly for relief workers (see Section 1.d.). c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere continued to be credible but unconfirmed reports of the use of torture by various warring factions against each other and against civilians.Several unofficial Islamic courts were established late in the year, filling the vacuum created by the absence of normal government authority. These courts, following strict Islamic (Shari'a) law, meted out particularly severe punishments on persons detained in connection with robbery and other crimes (see Section 1.e.). For example, in October, following the decision of an Islamic court in Mogadishu, authorities operating in the area controlled by Ali Mahdi amputated one hand each of two teenagers, allegedly for stealing the equivalent of less than $20. UNOSOM and international human rights monitors expressed concern about the decisions of the Islamic courts, but UNOSOM took no action to interfere with their operations.There were no credible allegations of abuse of Somali civilians by foreign peacekeeping forces. In March, a Canadian national peacekeeper was tried in Canada and found guilty of torture and manslaughter for his involvement in the March 1993 death of a Somali detained on suspicion of theft, Shidane Abukar Arone. The peacekeeper is being held without bail pending appeal. There was no reported progress in the investigation by Belgian authorities into alleged abuses committed by their forces, which left Somalia early in 1994.The status of prison conditions was unknown but believed to be harsh and potentially life threatening. There was no independent monitoring of prisons. d. Arbitrary Arrest, Detention, or ExileAll Somali factions reportedly held prisoners arbitrarily, but there were no known estimates of the number held at any one time. The various Somali factions and armed bandits engaged in large-scale hostage taking of foreign citizens, in particular personnel from the international relief agencies, including the International Committee of the Red Cross (ICRC). In most instances, the Somali gunmen held their hostages for short periods, often demanding large ransoms. Those taken hostage included American, British, Italian, Swedish, Nepalese, Sudanese, and other nationalities. For example, on February 9, Somalilanders kidnaped two British Members of Parliament, three British aid workers, and a journalist in Erigavo in northwest Somalia. Subsequently, a local Somali doctor rescued the group and drove them to a safe area on February 11. These attacks, led humanitarian organizations either to withdraw from the country or substantially reduce their activities.On January 17, UNOSOM released the last 8 of 750 Somalis detained in connection with its 1993 attempt to apprehend General Aideed and persons suspected of attacking U.N. peacekeepers. UNOSOM denied the detainees access to relatives but permitted the ICRC to visit all U.N. detainees. Several of those held complained of ill-treatment at a press conference on January 20, but the conditions of their confinement met international standards.UNOSOM held no prisoners at year's end. e. Denial of Fair Public TrialThere was minimal progress toward reestablishing a system of justice in Somalia. The three-tier national judicial system based on the 1962 Criminal Code and the 1963 Penal Code that was prepared by UNOSOM in 1993 could not be implemented because of the poor security situation. Although local authorities have attempted to administer some type of justice, few Somalis feel confident of protection from retaliation based on clan loyalties. By the end of the year, no civil courts functioned.The vacuum created by the lack of a functioning government led to the expansion of the role of traditional clan-based Islamic courts. While in the past Islamic courts were used to settle property disputes, these courts increasingly heard criminal cases. Anecdotal evidence suggests that the Islamic courts are applying a very strict interpretation of Shari'a law, as evidenced by the amputation sentence against two teenagers (see Section 1.c.). These informal courts are not standardized and do not provide for procedural safeguards that meet accepted international standards for a fair trial. There is no right to appeal the verdict of the Islamic courts, and defendants reportedly are not provided with legal counsel.Only in Somaliland, under "President" Mohammed Egal, was there a functioning legal system, based on the 1962 Penal Code. The current system replaced Islamic law and includes a supreme court. There was no information available on the ability to receive a fair trial in Somaliland or on the independence of the judiciary. Continued fighting during the latter part of the year in the part of Somaliland claimed by Egal brought a halt to the work of many civil institutions, including the courts, as territory changed hands repeatedly. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThese rights were regularly violated by the warring factions. During fighting in Mogadishu, heavily armed bandits systematically looted the property of rival groups. Similar incidents occurred after the fighting in Kismayo in February. During military operations, the major factions have conducted home searches and evictions, and homes and property belonging to the former government and international bodies have been looted and destroyed. Although there has been some discussion about property claims, the continued fighting has rendered the issue moot. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsThe warring factions continued to commit numerous violations of humanitarian law throughout the year, including the killing of many civilians, particularly in Mogadishu and Kismayo. In February heavy interfactional fighting between the forces of Colonel Omar Jess and General Mohammed Hersi Morgan in Kismayo killed at least 60 civilians. In April fighting between General Aideed's SNA militia and the Hawadle, a rival Hawiye subclan, in Merca and southern Mogadishu, killed another 32 civilians. At year's end, with the approaching departure of UNOSOM, heavy factional fighting in Mogadishu over access to the port area reportedly killed 20 persons and wounded hundreds more.Armed Somali factions continued to target UNOSOM peacekeeping troops, beginning in January with the wounding of two Indian soldiers in an ambush near Kismayo. Subsequent attacks resulted in deaths of peacekeepers from India, Egypt, Nepal, Malaysia, Pakistan, and Zimbabwe. Armed bandits and militia often targeted peacekeepers in order to seize supplies or to retaliate against actions by UNOSOM forces.International humanitarian nongovernmental organizations (NGO's) and others, including journalists (see Section 1.a.), increasingly became targets for attacks by Somali factions and bandits. These attacks were widespread and often without clear motivation, although in some cases warlords sought to extort money from NGO's in exchange for providing security. After 50 armed Somalis looted 340 tons of food from a World Food for Peace (WFP) warehouse in January, more than 15 relief organizations decided to reduce or cease operations for a time in various parts of the country because of the lack of security. The few NGO's that remained in operation at year's end had experienced continuous harassment and disruption of their operations at the hands of the warring factions.There were several instances in which UNOSOM forces killed Somalis, but these incidents decreased sharply compared to 1993. In January Pakistani peacekeepers killed five Somalis in Mogadishu, and on January 9, U.S. Marine snipers firing at a man with a machine gun inadvertently killed a pregnant woman. Although the Pakistanis claimed that they had been fired on, General Aideed's faction said the Pakistanis fired without cause. On January 31, U.S. Marines responding to an attack on a relief convoy killed 3 Somalis and wounded 13 others. A subsequent UNOSOM investigation fully exonerated the Marines involved. UNOSOM forces fired on Somali crowds on several occasions during the year, notably after troops began to withdraw from the country. In October a crowd rampaged through the UNOSOM compound over the loss of jobs. UNOSOM quelled the riot by firing tear gas into the mob. The last U.S. forces departed in March, and at year's end approximately 10,000 foreign peacekeepers remained in Somalia.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressMost Somalis obtain news from foreign news broadcasts, notably the British Broadcasting Corporation, which transmits a daily Somali-language program. The major political factions also operate radio stations. UNOSOM has its own broadcasts and newspaper (Maanta), publicizing its activities, but its radio signal is not strong enough to reach all over Somalia.The print media are small and consist largely of brief news broadsheets published by the various factions. Several of these are nominally independent publications published anonymously and are critical of the faction leaders. b. Freedom of Peaceful Assembly and AssociationGeneral Aideed's and Ali Mahdi's factions held regular rallies in Mogadishu until fighting resumed in April. Although Somalis are free to assemble, the lack of security effectively limits this right. Despite the insecure environment, several political factions held conferences and congresses in various parts of the country. A few professional groups operate in Mogadishu as the security situation permits. c. Freedom of ReligionSomalis are overwhelmingly Sunni Muslim, but the violence and chaos, principally in Mogadishu, made it difficult for them to practice their religion in some locations in a mosque or other formal setting. Local tradition and past law make it a crime to proselytize for any religion except Islam. Non-Sunni Muslims or orthodox Muslim sects are often looked on with suspicion by more mainstream Somalis. There is a small Christian community, but its members often find it necessary to conceal their beliefs. Foreign Christians generally practice their religion without persecution as long as it is private and does not include attempts to ridicule or undermine Islam. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationMost Somalis do not have access to documents or resources needed for international travel. Domestic travel continued to be dangerous, but this did not deter movements of displaced persons and refugees back into the country. By November (the last month for which there were figures), over 57,000 refugees had returned to various regions from camps outside Somalia's borders, and the relocation of displaced persons continued at year's end. There were about 200,000 officially registered Somali refugees in Kenya (and around 40,000 nonregistered). In Ethiopia, there were 185,000 registered and 25,000 nonregistered Somali refugees.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentsCitizens did not have this right. Somali factions met periodically during the year, but all efforts to reestablish a national government foundered on the ambitions of the two major leaders, General Aideed and Ali Mahdi, both from opposing subclans of the Hawiye clan. Under heavy pressure from UNOSOM, the two leaders signed a joint communique on March 24 that pledged the major factions to the maintenance of peace prior to two reconciliation conferences to be held in Mogadishu by mid-May; neither reconciliation conference took place in 1994. The Imam of the Herab attempted unsuccessfully to convene a conference of the Hawiye clans in September. At year's end, General Aideed continued to work to establish an interim government under his leadership, but Ali Mahdi still refused to participate, and, with the approaching departure of UNOSOM troops, factional maneuvering for strategic positions began to accelerate.Although several women are important behind-the-scenes figures in the various factions, women as a group remain outside the political process. No women hold prominent, public positions; and few participated in the reconciliation process.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere were no local human rights organizations in operation.International humanitarian NGO's continued to operate, but the poor security situation limited their activities. UNOSOM's own human rights office was not operational.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusSocietal discrimination against women and widespread abuse of children continued to be serious problems. WomenWomen are harshly subordinated in Somalia, which has an overwhelmingly patriarchal culture. Women suffered disproportionately in the Somali civil war and in the strife that followed. However, during the past year, there were no reports of systematic attacks on women in connection with the continuing civil strife. The imposition of new security measures in Kenyan refugee camps led to a sharp decline in the instances of rape, where the crime was considered to be an insult to the victim's clan. The Islamic courts acted in at least one instance to execute a man convicted of raping a woman outside Mogadishu. ChildrenChildren remain among the chief victims of the continuing violence in Somalia. Although many youths are members of the marauding gangs known as "Morian," the factions also are directly responsible for involving young people in the interclan and interfactional violence. Boys as young as 14 or 15 years of age have participated in militia attacks.Female genital mutilation (FGM), which is widely condemned by international experts as damaging to physical and mental health, is accepted in Somali culture and society and is widely practiced. FGM is carried out at an early age, and an independent expert in the field estimates that 98 percent of Somali females have undergone this operation. National/Racial/Ethnic MinoritiesMore than 80 percent of Somalia's people share a common ethnic heritage, religion, and nomadic-influenced culture. The largest minority group consists of "Bantu" Somalis. These people are descendants of slaves brought to Somalia about 300 years ago. Many originated in an identifiable area in the interior of Tanzania, and speak a dialect which mixes Somali with a native version of KiSwahili. These minorities suffer discrimination in many forms, even in refugee camps. Many "Bantu" refugees in Kenya are afraid to return to Somalia, feeling that they would become still more vulnerable as a result of the political instability. Similar views are expressed by the Barawanese, another minority in Somalia. People with DisabilitiesThere were no laws mandating accessibility to public buildings, transportation, or government services for the disabled before the collapse of the State. No functioning government is yet in place that could address these issues.Section 6 Worker Rights a. The Right of AssociationThe 1990 Constitution provided workers with the right to form unions, but the civil war and factional fighting negated this provision and shattered the single labor confederation, the then government-controlled General Federation of Somali Trade Unions. Given the extent of Somalia's political and economic breakdown and the lack of legal enforcement mechanisms, trade unions could not function freely in the country at this time. b. The Right to Organize and Bargain CollectivelyWages and work requirements in traditional Somali culture are largely established by ad hoc bartering, based on supply, demand, and the influence of the clan from which the worker originates.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThere was no information available on this topic. d. Minimum age for Employment of ChildrenFormal employment of children was rare; but armed adolescents participated in various militias (see Section 5), and youth are commonly fully employed in herding, agriculture, and household labor across Somalia from an early age. e. Acceptable Conditions of WorkThere was no organized effort by any of the factions to monitor acceptable conditions of work in Somalia during 1994. </text>
</content>
<name>Somalia </name>
<script></script>
</card>
card_64750.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SOLOMON ISLANDS HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SOLOMON ISLANDSSolomon 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of political disappearance. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThese practices are prohibited by law and not known to occur. d. Arbitrary Arrest, Detention, or ExileThere was no evidence of politically motivated arrests or detentions. Exile is not practiced. e. Denial of Fair Public TrialThe 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 CorrespondenceIn 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 PressThe 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 AssociationThe 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 ReligionThe 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 RepatriationThe 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 GovernmentCitizens 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 RightsWhile 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 WomenThe 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. ChildrenWithin 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 DisabilitiesThere 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 AssociationThe 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 CollectivelyThe 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 LaborThe Constitution prohibits forced labor, except as part of a court sentence or order, and this prohibition is observed. d. Minimum Age for Employment of ChildrenThe 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 WorkThe 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 adherence to these laws. The extent to which the law is enforced in smaller establishments and in the subsistence sector is unclear. Safety and health standards appear to be adequate. Malaria is endemic in the Solomon Islands and affects the health of many employees. Agricultural workers have a high risk of contracting malaria but are not provided with malaria suppressants.</text>
</content>
<name>Solomon Islands </name>
<script></script>
</card>
card_64406.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SLOVENIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SLOVENIASlovenia 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of such killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe 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 ReligionThe 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 RepatriationThe 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 GovernmentCitizens 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 RightsThe 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 StatusThe 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. WomenThe 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. ChildrenThe 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 DisabilitiesSlovenia 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 AssociationAll 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 CollectivelySlovenia'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 LaborThere is no forced labor. d. Minimum Age for Employment of ChildrenThe 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 WorkSlovenia 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.</text>
</content>
<name>Slovenia </name>
<script></script>
</card>
card_64070.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SLOVAK REPUBLIC HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationThe Constitution provides for the right to form and joinunions, except in the armed forces. In 1994 between 70 and 75percent of the work force was organized. Unions areindependent of the Government and political parties. There areno restrictions on the right to strike, but there were noreports of strikes during the year.There were no reported instances of retribution againststrikers or labor leaders, but the law and regulations do notexplicitly prohibit such retribution. There were no reports ofhuman rights abuses targeted against unions or workers.Unions are free to form or join federations or confederationsand to affiliate with and participate in international bodies. b. The Right to Organize and Bargain CollectivelyThe collective bargaining law provides for collectivebargaining, which is freely practiced throughout the country.Employers and unions set wages in free negotiations. The Lawon Citizens' Associations prohibits discrimination by employersagainst union members and organizers. Complaints may beresolved either in collective negotiations or in court. Iffound guilty of antiunion discrimination, employers arerequired to reinstate workers fired for union activities.The Customs Act of 1992 regulates duty-free stores and freecustoms zones. Firms operating in several such zones mustcomply with the Labor Code; to date, there have been no reportsof special involvement by the trade unions. Slovakia has nospecial legislation governing labor relations in free tradezones. c. Prohibition of Forced or Compulsory LaborBoth the Constitution and the Employment Act prohibit forced orcompulsory labor. There were no reports of violations. TheMinistry of Labor, Social Affairs, and Family, as well asdistrict and local labor offices, have responsibility forenforcement. d. Minimum Age for Employment of ChildrenThe law sets the minimum employment age at 15 years of age.Under a law amended in 1994, children must remain in school for9 years, or until age 15. Workers under age 16 may not workmore than 33 hours per week; may not be compensated on apiecework basis; may not work overtime or night shifts; and maynot work underground or in specified conditions deemeddangerous to their health or safety. Special conditions andprotections, though somewhat less stringent, apply to youngworkers up to the age of 18. The Ministry of Labor enforcesthis legislation. There were no reports of violations. e. Acceptable Conditions of WorkThe minimum wage, effective October 1993, is $82 (2,450 Slovakcrowns) per month. Even when combined with special allowancespaid to families with children, it does not provide an adequatestandard of living for workers and their families. TheMinistry of Labor, Social Affairs, and the Family isresponsible for enforcing the minimum wage; no violations werereported.The standard workweek mandated by the Labor Code is 42.5 hours,although collective bargaining agreements have achievedreductions in some cases. The law requires overtime payment upto a maximum of 8 hours per week and 150 hours per year, and itprovides 3 weeks of annual leave. There is no specificallymandated 24-hour rest period during the workweek. The tradeunions, the Ministry of Labor, and local employment officesmonitor observance of these laws, and the authoritieseffectively enforce them.The Labor Code establishes health and safety standards whichthe Office of Labor Safety effectively enforces. For hazardousemployment, workers undergo medical screening under thesupervision of a physician. They have the right to refuse towork in situations which endanger their health and safety andmay file complaints against employers in such situations. InFebruary the Government adopted a resolution on work safety,which created a timetable for taking the steps necessary tobring Slovakia into conformity with European Union norms.</text>
</content>
<name> </name>
<script></script>
</card>
card_63758.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SLOVAK REPUBLIC HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SLOVAK REPUBLICThe Slovak Republic became an independent state in 1993,following the dissolution of the Czech and Slovak FederalRepublic (CSFR). Its Constitution provides for a multiparty,multiethnic parliamentary democracy. Slovakia chose to carryover the entire body of CSFR domestic legislation andinternational treaty obligations, which gradually are beingrenewed or updated.In March President Michal Kovac dismissed the government headedby Vladimir Meciar, chairman of the Movement for a DemocraticSlovakia (HZDS), following a parliamentary vote of noconfidence. Pending early parliamentary elections onSeptember 30/October 1, a coalition government headed by JozefMoravcik, leader of the Democratic Union of Slovakia (DU), heldoffice. In the elections, the HZDS obtained a plurality of 40percent of the parliamentary seats and formed a workingparliamentary alliance with the Slovak National Party (SNS) andthe Association of Slovak Workers (ZRS). On December 12, agovernment of those three parties, led by Vladimir Meciar, wassworn in by President Kovac.The Slovak Information Service (SIS) is responsible for allcivilian security and intelligence activities. A five-memberparliamentary commission oversees the SIS. There were noreports of human rights abuses by the SIS or the militarysecurity apparatus of the Slovak Government.Since independence, Slovakia has made intermittent progress indeveloping a market economy. The private sector accounts forsome 40 percent of the gradually rising gross domesticproduct. After the elections, the HZDS announced that thesecond wave of voucher privatization, scheduled for December bythe Moravcik government, would be postponed until late January1995. Industry and construction employ 43 percent of the laborforce, and agriculture 12 percent. Major exports are machineryand transport equipment, chemicals and fuels, minerals, andmetals.The Government respects freedom of assembly, association, andreligion. Laws prohibiting defamation of the President andutterances fostering ethnic or religious hatred limit freedomof speech, and dismissals of media personnel following changesof government in March and December infringed on the freedomand independence of the media. Laws permitting bilingual roadsigns in areas inhabited by ethnic Hungarians and theregistration of non-Slovak names eased some ethnic tensions.Skinheads occasionally attacked Roma and at times harassed Jewsas well. Discrimination against minorities, particularly Roma,continued to be a problem. Violence against women is a seriousproblem.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicialkillings. The village policeman charged in 1993 with murder inconnection with the abduction and killing of two Roma atKlenovec was remanded to psychiatric care. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere were no reports of any such practices. d. Arbitrary Arrest, Detention, or ExileThe Constitution provides for protection against unlawful orunreasonable detention. A person accused or suspected of acrime must be given a hearing within 24 hours and either setfree or remanded to the court. During this time, the detaineehas the right to an attorney. If remanded to a court, theaccused is entitled to a hearing within 24 hours, at which thejudge will set the accused free or issue a substantive writtenorder placing the accused in custody. Investigative detentionmay last up to 2 months and may be extended. The total lengthof pretrial detention may not exceed 1 year, unless the SupremeCourt extends it by determining that the person constitutes aserious danger to society. The law allows family visits andprovides for a court-paid attorney, if needed, although humanrights observers point out that this applies only to defendantswhose alleged offenses are punishable by more than 5 years inprison. A system of bail has existed since July 1990.There is no exile. e. Denial of Fair Public TrialThe Constitution provides for courts that are independent,impartial, and separate from the other branches of government.Some critics allege, however, that the dependence of judgesupon the Ministry of Justice for logistical support, thegranting of leave requests, and other services undermines theirindependent status. The President appoints ConstitutionalCourt judges, while Parliament elects other judges, based onrecommendations from the Ministry of Justice.The court system consists of local and regional courts, withthe Supreme Court as the highest court of appeals. Inaddition, there is a separate military court system, thedecisions of which may be appealed to the Supreme Court and theConstitutional Court.Persons charged with criminal offenses are entitled to fair andopen public trials. They have the right to be informed of thecharges against them and of their legal rights, to retain andconsult with counsel sufficiently in advance to prepare adefense, and to confront witnesses. They enjoy a presumptionof innocence and have the right to refuse to testify againstthemselves. They may appeal any judgment against them.The "lustration" law of the former CSFR, barring from highpublic office persons who previously collaborated with theCommunist-era secret police, is technically still in effect inSlovakia, though not enforced. Opponents of enforcementconsider the law discriminatory and a violation of due processbecause decisions would be based on unverifiable secret policerecords and no mechanism for appeal is available. The law'ssupporters cite the need to ban from public office thoseresponsible for abuses of power and repression during the yearsof Communist rule. A challenge to the lustration law was filedin the Slovak Constitutional Court in May 1994, but the Courtdeclined to hear the case citing a 1991 decision by theCzechoslovak court on this issue as a precedent.With respect to the Roma minority, human rights monitorscharged that police appeared reluctant to take the testimony ofwitnesses to skinhead attacks on Roma. Further, they reportedthat police used the device of countercharges to pressure Romavictims of police brutality to drop their complaints, thatmedical doctors and investigators cooperated with police byrefusing to describe accurately the injuries involved, and thatlawyers often were reluctant to represent Roma in suchsituations, for fear this would have a negative effect on theirpractice.There were no reports of political prisoners in 1994. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Criminal Code requires police to obtain a judicial searchwarrant in order to enter a home. The court may issue such awarrant only if there is a well-founded suspicion thatimportant evidence or persons accused of criminal activity arepresent inside or if there is some other important reason.Police must present the warrant before conducting the housesearch or within 24 hours after the search.The 1993 police law regulates wiretapping and mail surveillancefor the purposes of criminal investigation, which may beconducted, on the order of a judge or prosecutor, only in casesof extraordinarily serious premeditated crimes or crimesinvolving international treaty obligations. There were noreports of illegal surveillance of persons or communications orof mail tampering.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution prohibits censorship and provides for freedomof information and the right of expression. In a Decemberspeech introducing his new Government, Prime Minister Meciarsaid that "We recognize that a free and independent media isalso the foundation of a democratic society" and thus "theSlovak Government shall, in the spirit of the Constitution ofthe Slovak Republic, consistently protect the freedom ofexpression as one of the fundamental human rights." However,the law prohibits public utterances fostering ethnic orreligious hatred.Human rights monitors objected to Article 103 of the SlovakCriminal Code, which prohibits defamation of the President, onthe grounds that it was being implemented in a manner thatlimited freedom of the press. They cited the case of anewspaper editor under investigation in 1994 for publishing theletter of a reader who was indirectly critical of thePresident. Observers voiced concern over proposals by somenationalist politicians for a law on the protection of theRepublic, fearing that such a law would undermine freedom ofspeech.During 1994 numerous newspapers, magazines, and journalsspanning the entire spectrum of political views were publishedfreely. The print media continued frank and occasionallycritical coverage of government activities, but the HZDSrenewed its call for increased government regulation ofjournalism, promising in its election program that it would notallow "tendentious fabrications and reporting by people in themass media."There is no civil service law protecting jobs after a change ofgovernment. In March the Moravcik government took steps torestore employment to two persons who had lost their jobs in1993 on free speech grounds. Lubomir Lintner, the Slovak radiojournalist fired in 1993 because of alleged governmentpressure, was named press spokesman for the Office of the PrimeMinister. Slovak Press Agency Chief Dusan Kleiman, dismissedby the incoming Moravcik government in March was reinstated inhis position by the incoming Meciar Government in December.The director of the National Oncology Institute, fired in 1993after he had spoken critically of the health care system ontelevision, regained his post in 1994 in a competitiveselection process.Councils made up of nine members elected by Parliament to6-year terms administer the government-sponsored Slovak Radioand Slovak Television. Slovakia has one government-sponsoredtelevision station broadcasting on two channels. One of 17radio stations is government sponsored; the remainder areprivately owned and controlled.The pro-HZDS majority in November replaced the members of bothcouncils. Simultaneously, the Radio Council fired the directorof Slovak Radio, who had served continuously since 1989. A newdirector of Slovak Television--the seventh since the 1989revolution--was appointed in January. Subsequently a number ofother staff changes were made at both radio and television.Listeners report that coverage of internal political news wasgreatly reduced, with the views of opposition politiciansreported only minimally, if at all.Early in 1994, agreement was reached for Radio Free Europe(RFE) to continue its medium-wave broadcasts to Slovakia. Atan HZDS demonstration on the day of the Meciar government'sMarch ouster, an angry crowd viciously beat RFE journalistscovering the event after a speaker at the rally identifiedthem. Police refused to aid the journalists, who subsequentlyreported they were afraid to cover HZDS meetings. TheGovernment later replaced the police chief of Bratislava.Just prior to the Meciar government's fall, reception of someRadio Free Europe (RFE) broadcasts was blocked for severalhours. The Meciar government denied responsibility, andreception subsequently was restored.After the fall of the Meciar government, the new governmentdismissed the general director and chief editor of thegovernment-owned Slovak Republic Press Agency (TASR). TASRsoon thereafter divested itself of its ownership of thepro-HZDS newspaper Republika, which continued its activitiesunder private ownership as Slovenska Republika. Some HZDSrepresentatives criticized these actions as interference in themedia. Subsequently the HZDS hired the editor as its pressspokesman. (HZDS restored him to his former position when itreturned to power in December.)The law provides for academic freedom, which is generallyrespected, and grants universities the authority to decidetheir internal affairs, including pedagogic and academicorientation and internal structure. b. Freedom of Peaceful Assembly and AssociationThe law provides for the right of persons to assemblepeacefully. The Government requires permits for some publicdemonstrations, but there were no reports of refusals, nor ofpolice interference with public demonstrations.The law also provides for the right of persons to associatefreely and to form political parties and movements, a rightwhich was respected in practice. Some organizations, includingpolitical parties, are required to register, but there were noreports that this requirement presented an obstacle to freeassociation. c. Freedom of ReligionThe Constitution provides for freedom of religious belief andfaith, and the Government respects this provision. Underexisting law, only registered churches and religiousorganizations have the explicit right to conduct public worshipservices and other activities, although no specific religionsor practices are banned or discouraged by the authorities. TheState provides financial subsidies only to registered churchesand religious organizations, of which there are 15. There areno special laws or regulations governing foreign missionariesdesiring to enter the country and proselytize or foreign clergyentering to serve expatriate congregations; they fall under thegeneral provisions concerning the entry of foreigners.Based on a law passed in 1993, the property of religiousorganizations that was confiscated during World War II and theCommunist period was returned to them. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThere are no restrictions on the freedom of movement ofcitizens within or outside the country. Former Czechoslovakcitizens who emigrated during the period of Communist rule arefree to return for visits and may obtain Slovak citizenship ifthey wish.Refugees and asylum seekers are treated in accordance withinternational norms. There were no reports of refugees beingforced to return to countries in which they fearedpersecution.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens have the constitutional right to change theirgovernment through the periodic free election of their nationaland local representatives. Citizens over the age of 18 areeligible to vote, and voting is by secret ballot. TheConstitution reserves certain powers to the President as Chiefof State (elected by the Parliament), but executive power restswith the Government. Legislative power is vested in theNational Council of the Slovak Republic (parliament).There are no official restrictions on the participation ofwomen or minorities in politics, but they are underrepresentedin government. A total of 22 women were elected to the150-member Parliament in October, a reduction from 26 in theprevious 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 wererepeated in the Hungarian political parties' coalitionagreement, caused anxiety among Slovaks that the Hungariansintended eventually to secede from Slovakia and become a partof Hungary. The Slovak National Party (SNS) reacted by callingfor a ban on ethnic Hungarian political parties, but no actionwas taken in 1994.Some members of the opposition have charged that, in its rushto implement changes following the election, the HZDS violatedthe Constitution on a number of occasions, for example, bynominating a new Prosecutor General before waiting for thePresident to act on Parliament's proposed recall of the thencurrent prosecutor general. Opposition members have alsovoiced serious concern over HZDS attempts to deprive deputiesfrom former Prime Minister Moravchik's DU of their electoralmandates by claiming that they failed to gain enough votersignatures, despite the fact that the DU obtained significantvoter support in the election itself. Critics assert that theHZDS violated citizens' right to privacy after a HZDS-ledparliamentary committee broke the seals on the signaturepetitions.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsRepresentatives of local and international nongovernmentalhuman rights organizations worked freely, without governmentinterference. The Commissioner for Minorities of theConference on Security and Cooperation in Europe (CSCE) visitedthe country to study conditions facing ethnic Hungarians (seeSection 5).Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe law prohibits discrimination and provides for the equalityof all citizens. Health care, education, retirement benefits,and other social services are provided regardless of race, sex,religion, disability, language, or social status. WomenWomen in Slovakia are equal under the law. They enjoy the sameproperty, inheritance, and other legal rights as men andreceive pay equal to that of male colleagues for the same job.Women are well represented in the judicial and administrativeprofessions but are underrepresented in other public serviceareas. Despite the lack of overt discrimination, some culturalbarriers to their advancement remain. Labor law prohibitswomen from engaging in certain types of work considereddangerous to their health.The Democratic Union of Women of Slovakia monitors observanceof the rights of women and their families in light ofinternationally accepted documents and the Constitution,especially as they affect the social and family spheres. At aconference in Bratislava in October on intolerance and violenceagainst women, participants reported that 80 percent of womenfrequently experienced family violence; 90 percent facedvarious forms of intolerance; and 25 percent had experiencedsexual harassment and extortion in the workplace.Police deal with spousal abuse, child abuse, and other violenceagainst women in the same way as other criminal offenses. Theybelieve that two-thirds of female rape victims fail to reportthe cases for personal reasons. Once reported, policeinvestigate such cases as they would any other under theCriminal Code.As a result of amendments to the Criminal Code which tookeffect 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 thepurpose of prostitution. The authorities prosecuted severalcases involving prostitution-related offenses. ChildrenThe Constitution, the Law on Education, the Labor Code, and thesystem of child welfare payments to families with children eachprovide in part for children's rights. There is no evidence ofa pattern of abuse or denial of rights to children. National/Racial/Ethnic MinoritiesThe Constitution provides minorities with the right to developtheir own culture, receive information and education in theirmother tongue, and participate in decisionmaking in mattersaffecting them. The Government continued to provide fundingfor cultural, educational, broadcasting, and publishingactivities for the major ethnic minorities. A Novemberproposal by ethnic Hungarian parliamentarians to create aparliamentary committee for human rights, ethnic minorities,and religion was defeated. In December incoming Prime MinisterMeciar told the diplomatic corps, "The new Government of theSlovak Republic considers as its fundamental duty towards allcitizens of Slovakia, regardless of their nationality ..., thefulfillment and protection of human rights as stipulated in theConstitution of the Slovak Republic." He continued, "TheSlovak Government denounces all manifestations of intolerance,above all chauvinism, aggressive nationalism, racism,anti-Semitism and xenophobia ... That is why we shall try tosuppress and remove them."During 1994 educational benefits were extended in differentforms to different minority groups, depending on the nature oftheir requests and the availability of government resources.For example, while German- and Ukrainian-speakingrepresentatives preferred and were granted a mixed form ofschooling only partly in the mother tongue, ethnic Hungariansactively sought complete mother-tongue education throughuniversity level. (Currently Hungarian-language education isavailable only through secondary school.)The ethnic Hungarian minority, which is the most numerous, isconcentrated primarily in southern Slovakia, with a populationestimated at 570,000 (many of whom are Roma). During 1994Hungarians participated successfully at all levels in thepolitical, economic, and social life of the country, althoughnone rose to government ministerial posts. Most ethnicHungarians and ethnic Slovaks living in mixed areas continuedto coexist peacefully, although political frictions wereevident over the minority's legal status, and there wereoccasional outbreaks of anti-Hungarian feeling. In March, onthe day Parliament voted to recall the Meciar government, anangry crowd attacked two leading officials of the HungarianChristian Democratic Movement (MKDH) as they exited theParliament building. Police at the scene declined tointervene, saying they lacked sufficient force. The MKDH fileda complaint, but the authorities apparently took nodisciplinary action against the police.After his 1994 visit to Slovakia, the CSCE Commissioner forMinorities expressed confidence in the ability of Slovakia'sdemocratic institutions to handle minority rights issueswithout external assistance. He also noted that ampleopportunities exist for the use of Hungarian as a minoritylanguage in Slovakia.Although the Government provides elementary and secondaryeducation in Hungarian, some 20 percent of ethnic Hungarianfamilies choose to send their children to Slovak-languageschools. During 1994 the Government suspended plans toinstitute a number of "alternative" schools in which ethnicHungarian students could choose to study some subjects inSlovak (aimed, according to the plan's advocates, at offeringthose students a chance to achieve a level of proficiency intechnical fields that would enable them to compete moreeffectively for technical jobs later in life). Some Hungarianrepresentatives had criticized the plan as aimed at eroding theHungarian-language educational base.Controversy arose during 1994 when ethnic Hungarian parentssought to prevent a Slovak nationalist known for his negativeattitudes toward Hungarians from teaching as a substitute intheir children's class at their ethnically mixed local school.Slovak activists immediately protested, appealing to theMinistry of Education to prevent what they considered aviolation of the teacher's rights. The school's parent-teachers' association, after considering the case, retained theteacher.During 1994 Slovakia fulfilled two commitments made inconnection with its acceptance into the Council of Europe: italtered legislation so as to allow towns to post road signs inthe Hungarian language and to authorize Hungarians to registernames officially in their Hungarian form, without Slovakgrammatical endings. By year's end, regulations were in placeto implement both laws, and no complaints were reported.Although Hungarian activists in the past had criticized anumber of passages in the Constitution, including a phrase inits preamble ("we, the Slovak nation,") which they feltrelegated nonethnic Slovak citizens to second-rate status,during 1994 they did not press for changes in the Constitutionitself. They did, however, call for a constitutional lawprotecting the rights of the non-Slovak minorities.Roma constitute the second largest ethnic minority, althoughmany do not officially declare their ethnicity because ofsocial prejudice against them. Thus, the official censusfigure of 81,000 is considered low; estimates of their actualnumbers range as high as 500,000. Roma are economicallydisadvantaged, and their situation worsened somewhat when thebudget-strapped Government cut the Communist-era welfaresubsidies on which many had come to depend. In his Decemberspeech 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 ofthe Roma, while using extensive possibilities of internationalcooperation."Although the nation's higher pedagogical school has a divisionto train teachers for schools with a high Roma population andthe first Roma-language primers and readers were published in1994, Education Ministry officials report that Roma have notrequested separate mother-tongue instruction and Roma-languageclassrooms do not exist. A 2-year pilot project for Romapreschoolers in six towns, designed to prepare them forsuccessful entry into the Slovak school system, yieldedimpressive results, but resources may not be available for itscontinuation. Both human rights monitors and Slovak officialsreport that many Roma pupils do not complete their secondaryeducation because of poverty, unavailability of transportationfrom Roma settlements, and family and social pressures.Roma representatives report that many employers are reluctantto hire members of the group, and that Roma unemployment soaredwhen the Communist-era practice of universal mandatoryemployment ended in 1989. Unemployment is highest in areasheavily populated by Roma. During 1994 officials in onelocality reportedly exerted psychological pressure on a hotelowner to revoke a residence permit he had given to two Romafamilies, on the grounds that allowing them to stay wouldstimulate a further influx of Roma into the town.During 1994 several incidents of skinhead street violenceagainst Roma were reported. Human rights monitors charged thatpolice often were absent during such incidents, seemedreluctant to take action, and in some cases were guiltythemselves of brutality toward Roma. Observers report thatattempts to improve the poor relationship between Roma and thepolice by hiring Roma into the police force foundered when fewRoma with clean police records could meet the minimumeducational requirements.Isolated incidents of verbal harassment of Jews by skinheadsand others occurred during the year. Jewish spokesmen voicedconcern over a number of news articles with an anti-Semiticslant. In the one reported case of the desecration of a Jewishcemetery, in which gravestones were overturned, localauthorities apologized, and the juvenile perpetrators weresentenced to community service. People with DisabilitiesThe Constitution and implementing legislation provide forhealth protection and special working conditions for mentallyand physically disabled persons, including special protectionin employment relations and special assistance in training.The law also prohibits discrimination against physicallydisabled individuals in employment, education, and provision ofother state services. Nevertheless, experts reportdiscrimination in such areas as accessibility of premises andaccess to education (especially higher education). Althoughnot specifically required by law, existing government executiveorders mandate the provision of accessibility for thedisabled. However, the Government does not enforce theseprovisions effectively due to budgetary constraints.</text>
</content>
<name>Slovakia </name>
<script></script>
</card>
card_63709.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SINGAPORE HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe Constitution provides citizens with the right to changetheir government peacefully through democratic means and thevoting and vote-counting systems in elections are fair,accurate, and free from tampering. In practice, however, theGovernment uses its extensive powers to place formidableobstacles in the path of political opponents. It also attemptsto intimidate the opposition through libel suits and potentialloss of employment or professional licenses. Parliamentaryelections may be called at any time, but must be held no laterthan 5 years from the date Parliament first sits.Opposition parties have been unable seriously to challenge thePAP since the late 1960's. Consequently, the PAP's dominationof the political system continues as it had for three decadesunder Lee Kuan Yew. Opposition politicians currently hold only4 seats in the 81-member elected Parliament, 3 for the SocialDemocratic Party and 1 for the Workers' Party. In addition tothe 81 elected members, the President appoints 6 "prominentcitizens" to serve as nominated M.P.'s for 2-year terms. ThePAP's political success in part results from restrictions onopposition political activities, but also from governmentpolicies which helped Singapore achieve rapid economic growth,thereby enabling the Government to provide a wide array ofpublic services. The PAP has a broad base of popular support,sustained in part through neighborhood, youth, and laborassociations.Although political parties are legally free to organize, theauthorities impose strict regulations on their constitutions,fundraising, and accountability. While the PAP has been ableto enjoy the support of ostensibly nonpolitical organizations,the Government has used its broad discretionary powers tohinder the creation of comparable support organizations foropposition parties. The PAP's grip on power has also beenenhanced by patronage; political control of the press, courts,and religion; strong party discipline and performance; and itsaccess to the instruments of power. For example, a governmentprogram to refurbish public housing gives priority to PAPconstituencies. Government regulations also hinder attempts byopposition parties to rent office space in government housingestates or to establish community foundations which run privatekindergartens. The PAP claims the lack of an effectiveopposition is due to disorganization, lack of leadership, andlack of alternative policy programs.In August 1993, citizens elected their first President. ThePresidency has expanded powers over civil service appointments,government and statutory board budgets, and internal securityaffairs. Presidential aspirants must be certified by thePresidential Elections Committee (PEC), a body composed of theChairman of the Public Service Commission, the Chairman of thePublic Accountants Board, and a member of the PresidentialCouncil for Minority Rights. The PEC was responsible forscreening applicants on the basis of integrity, character,reputation, ability, and experience in managing the financialaffairs of a large institution. Eligibility was consideredautomatic if the candidate had 3-years' experience as ahigh-ranking public servant or chief executive officer of alarge corporation. These requirements limit the pool ofpotential presidential candidates. The Committee rejected theapplications 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 eligibilitycriteria regarding character and financial expertise.Government leaders continued to use civil libel or slandersuits or the threat of them to discourage criticism orchallenges by opposition leaders. The Legal Code also providesfor criminal defamation offenses, but these provisions areseldom used.A prominent opposition figure who was the target ofinvestigation by government entities was Dr. Chee Soon Juan, alecturer at the National University of Singapore and DeputySecretary General of the Singapore Democratic Party (SDP).Chee was dismissed from his teaching position in March 1993after a university audit of his financial records uncovered analleged irregularity involving his use of research funds toexpress mail his wife's doctoral thesis to her universityadviser in the United States. He defended his action byarguing that his wife's thesis was relevant to his own researchand that he had received prior approval for the mailing fromhis Department Chairman, Dr. S. Vasoo, a PAP M.P. Chee, one ofthe first university lecturers to join an opposition party,rose to prominence during an unsuccessful bid against PrimeMinister Goh in the December 1992 by-election.In April 1993, Chee was sued by Vasoo for making allegedlydefamatory remarks. After selling his house, Chee paid$200,000 in damages to his former university departmentchairman and two other university employees as compensation forhis allegedly defamatory remarks. The high court also orderedChee to pay all legal costs and refrain from repeating hisallegedly defamatory remarks. According to the law, if Cheehad been unable to pay and had declared bankruptcy, he wouldhave been ineligible to run for Parliament for at least 5 years.Although there is no legal bar to the participation of women inpolitics, they are underrepresented in government. There areno female cabinet members and only 2 of the 81 electedparliamentary seats are occupied by women. Two of the sixnominated members of Parliament are women. Women are alsounderrepresented in the highest levels of the civil service.There is no restriction in law or practice against minoritiesvoting or participating in politics. Malays currently hold 12percent of the seats in Parliament, in part the result ofgovernment legislation requiring a minority representative inselected group representation constituencies.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere are no nongovernmental organizations, with the exceptionof the opposition political parties, that actively and openlymonitor alleged human rights violations. While the Governmentdoes not formally prohibit them, efforts by any independentorganization to investigate and criticize publicly governmenthuman rights policies would face the same obstacles as thosefaced by political parties. The Government denies thatinternational organizations have any competence whatsoever tolook into human rights matters in Singapore. Visa regulationsdo not recognize monitoring human rights as a "businesspurpose" for visiting Singapore, but neither is such activityregarded as a "social visit." Amnesty International is notallowed to operate in or to visit Singapore.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusMindful of Singapore's history of intercommunal tension, theGovernment takes affirmative measures to ensure racial, ethnic,religious, and cultural nondiscrimination. Social, economic,and cultural facilities are available to all citizensregardless of race, religion, or sex. Minorities areconstitutionally afforded equal rights, actively participate inthe political process, and are well represented throughout theGovernment. WomenWomen enjoy the same legal rights as men in most areas,including civil liberties, employment, commercial activity, andeducation. The Constitution contains no explicit provision ofequal rights for women; instead, it states that all persons areequal before the law and entitled to the equal protection ofthe law. The Women's Charter, enacted in 1961, gave women,inter alia, the right to own property, conduct trade, andreceive divorce settlements. Muslim women enjoy most of therights and protections of the Women's Charter, except thatMuslim men are allowed to practice polygyny and may divorceunilaterally whereas Muslim women may not.In 1962 the Government instituted the principle of equal payfor equal work in the civil service and announced the abolitionof separate salary scales by 1965. Other areas ofdiscrimination remain. For example, children born overseas toSingaporean women are not granted citizenship automatically asare children born to Singaporean men. Female civil serviceemployees who are married do not receive health benefits fortheir spouses and dependents as do male government employees.There is no evidence of any widespread practice of violence orabuse against women. Laws such as the Penal Code and theWomen's Charter protect women against domestic violence andsexual or physical harassment. A battered wife can obtaincourt orders barring the spouse from the home until the courtis satisfied that he will stop his aggressive behavior. ThePenal Code prescribes mandatory caning and a minimumimprisonment of 2 years for conviction on a charge of outragingmodesty that causes the victim fear of death or injury.Women make up over 50 percent of the labor force and are wellrepresented in many professional fields, but they still holdthe preponderance of low-wage jobs as clerks and secretaries.As a result, their average salary levels are only 70 percentthose of men. Women hold few leadership positions in theprivate sector. ChildrenThe Government is strongly committed to the rights ofchildren. In 1993 the Government updated and reenacted theChildren and Young Persons Act. This revised Act establishesprotective services for those children who are orphaned,abused, disabled, or refractory, and it creates a juvenilecourt system. The Ministry of Community Development worksclosely with the National Council for Social Services tooversee children's welfare cases. Voluntary organizationsoperate most of the homes for children while the Governmentfunds up to 50 percent of all child costs, which includesnormal living expenses and overhead, as well as expenses forspecial schooling or supervisory needs. National/Racial/Ethnic MinoritiesThe Constitution acknowledges the "special position" of Malaysas the indigenous people of Singapore and charges theGovernment to support and promote their "political,educational, religious, economic, social, and culturalinterests." The Government has concentrated on creatingequality of opportunity, especially in education, and does notpromote the concept of equality in result. A PresidentialCouncil on Minority Rights examines all current and pendingbills to ensure that they are not disadvantageous to aparticular group. It also reports to the Government on mattersaffecting any racial or religious community and investigatescomplaints.Unlike the Indian or Eurasian communities, which have achievedeconomic and educational success rates on a par with themajority Chinese, Malay Singaporeans still have a lowerstandard of living, although the gap has diminished in recentyears. Malays remain underrepresented at the uppermost rungsof the corporate ladder, a reflection of their historicallylower education and economic position, but also a result of defacto employment discrimination. Advertisements sometimesspecify the ethnicity and gender required of applicants orrequire fluent Mandarin speakers. People with DisabilitiesThe Government implemented a comprehensive code on barrier-freeaccessibility in 1990 which established standards forfacilities for the physically disabled in all new buildings andmandated the progressive upgrading of older structures.Although there is no legislation that addresses the issue ofequal opportunities for the disabled in education oremployment, the National Council of Social Services, inconjunction with various voluntary associations, provides anextensive job training and placement program for the disabled.Informal provisions in education have permitted universitymatriculation for visually handicapped, deaf, and physicallydisabled 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 AssociationThe Constitution provides all citizens with the right to formassociations, including trade unions. Parliament may, however,impose restrictions based on security, public order, ormorality grounds. The right of association is delimited by theSocieties Act and by labor and education laws and regulations.The Trades Union Act authorizes the formation of unions withbroad rights, albeit with some narrow restrictions, such asprohibitions on the unionization of uniformed employees. Thenational labor force comprises about 1.6 million employees, ofwhom some 233,000 are organized into 83 employee unions.Seventy-four of these unions, representing almost 99 percent ofall unionized workers, are affiliated with the National TradesUnion Congress (NTUC), an umbrella organization which has aclose relationship with the Government.The NTUC unabashedly acknowledges that its interests areclosely linked with those of the ruling PAP, a relationshipoften described by both as "symbiotic." For example, PresidentOng Teng Cheong served simultaneously as NTUC Secretary Generaland Second Deputy Prime Minister before assuming his currentposition as President in 1993. His successor at NTUC, Lim BoonHeng, was formerly Second Minister for Trade and Industry andcontinues as Minister Without Portfolio. In addition, severalother high-ranking NTUC officials are PAP M.P.'s. NTUC policyprohibits union members who actively support opposition partiesfrom holding office in affiliated unions. While the NTUC isfinancially independent of the PAP, with income generated byNTUC-owned businesses, the NTUC and PAP share the same ideology.Workers, other than those in essential services, have the legalright to strike but rarely do so; no strikes have occurredsince 1986. Most disagreements are resolved through informalconsultations with the Ministry of Labor. If conciliationfails, the disputing parties usually submit their case to theIndustrial Arbitration Court, which has representatives fromlabor, management, and the Government. These labor disputemechanisms, along with the PAP/NTUC nexus, have playedimportant roles in creating nonconfrontational laborrelations. The Government also attributes the rarity ofstrikes to a cultural aversion to confrontation, high economicgrowth rates, labor shortages in recent years that havesustained regular wage increases, and the popular convictionthat strikes would undermine Singapore's attractiveness toinvestors.The NTUC is free to associate regionally and internationally. b. The Right to Organize and Bargain CollectivelyCollective bargaining is a normal part of management-laborrelations, particularly in the manufacturing sector.Agreements between management and labor are renewed every 2 to3 years, although wage increases are negotiated annually.Collective bargaining agreements generally follow theguidelines issued by the National Wages Council (NWC), a groupcomposed of labor, management, and government representatives,that makes annual recommendations regarding salary and bonuspackages. The Industrial Relations Act makes it an offense todiscriminate against anyone who is or proposes to become amember or an officer of a trade union. The offense ispunishable by a fine equivalent to $1,250 and/or a 2-monthprison sentence. Labor laws and regulations are enforceduniformly.There are no export processing zones, nor are specialconcessions given to firms producing for export. c. Prohibition of Forced or Compulsory LaborUnder sections of the Destitute Persons Act, any indigentperson may be required to reside in a welfare home and engagein suitable work. The International Labor Organization (ILO)has criticized the coercive terms of this Act, which includespenal sanctions on the grounds that it is not in compliancewith the ILO Convention on Forced Labor, ratified by Singaporein 1965. The Government maintains that the Act is sociallegislation providing for the shelter, care, and protection ofdestitute persons; that no one is coerced to work; and thatwork programs are designed to reintegrate individuals intosociety. d. Minimum Age for Employment of ChildrenThe Government enforces the Employment Act, which prohibits theemployment of children under age 12. Children over age 12 andunder age 14 must receive written permission from theCommissioner for Labor for "light work suited to hiscapacity." There are few such applications and theCommissioner for Labor has never approved one. Employers mustnotify the Ministry of Labor within 30 days of hiring a childbetween the ages of 14 and 16 and must forward medicalcertification to the Commissioner. The incidence of childrentaking up permanent employment is also low, and abuses arealmost nonexistent.Ministry of Labor regulations prohibit night employment ofchildren and restrict industrial work to no more than 7 hours aday. Children may not work on commercial vessels, with anymachinery in motion, on live electrical apparatus lackingeffective insulation, or in any underground job. The Ministryof Labor effectively enforces these laws and regulations. e. Acceptable Conditions of WorkSingapore has no laws or regulations on minimum wages orunemployment compensation. The labor market offers relativelyhigh wages and good working conditions. The Employment Actsets the standard legal workweek at 44 hours and provides for 1rest day each week. The Ministry of Labor effectively enforceslaws and regulations establishing working conditions andcomprehensive occupational safety and health laws. Enforcementprocedures, coupled with the promotion of educational andtraining programs, have reduced the frequency of job-relatedaccidents by a third over the past decade. While a worker hasthe right under the Employment Act to remove himself from adangerous work situation, his right to continued employmentdepends upon an investigation of the circumstances by theMinistry of Labor.Because of the domestic labor shortage, over 360,000 foreignworkers are employed legally in Singapore, 22 percent of thetotal work force. Most are unskilled laborers and householdservants from other Asian countries. Foreign workers face nolegal wage discrimination; however, they are concentrated inlow-wage, low-skill jobs. About 65,000 foreign maids, mainlyfrom the Philippines, Indonesia, and Sri Lanka, are employed inSingapore, and some have complained of abuse or poor workingconditions. The Government does not bar complainants fromseeking legal redress and takes a firm stand against employerswho abuse their domestic servants. Foreign workers areineligible for the limited free legal assistance that isavailable to Singapore citizens. The authorities have fined orimprisoned employers who have abused domestics, often withgreat publicity.</text>
</content>
<name> </name>
<script></script>
</card>
card_63241.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SINGAPORE HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SINGAPORESingapore, a city-state of 3.3 million people, is aparliamentary republic in which politics are dominated by thePeople's Action Party (PAP), which has held power sinceSingapore gained autonomy from the United Kingdom in 1959. ThePAP holds 77 of the 81 seats in Parliament. Goh Chok Tongcompleted his fourth year as Prime Minister, and Lee Kuan Yew,who served as Prime Minister from independence in 1965 until1990, remains active politically, holding the title of SeniorMinister. The majority of the population is ethnic Chinese (78percent), with Malays and Indians constituting substantialminorities.The Government maintains active internal security and militaryforces to counter perceived threats to the nation's security.It has frequently used security legislation to control a broadrange of activity. The Internal Security Department (ISD) isresponsible for enforcement of the Internal Security Act (ISA),including its provisions for detention without trial. Allyoung males are subject to national service (mostly in themilitary).Singapore has an open free market economic system. Theconstruction and financial services industries andmanufacturing of computer-related components are key sectors ofthe economy which has achieved remarkably steady growth sinceindependence. 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 isessentially a full-employment economy.There was no improvement or deterioration in the human rightssituation. The Government continued to intimidate oppositionparties and their candidates. There continued to be crediblereports of police mistreatment of detainees. The Governmenthas wide powers to detain people arbitrarily and subsequentlyrestrict their travel, freedom of speech and right to associatefreely, and to handicap political opposition. There was noevidence of a change in the Government's willingness torestrict human rights when it deemed that necessary in pursuitof its policy goals. There is some legal discriminationagainst women, which, in practice, affects only a smallpercentage of the population. The Government has movedactively to counter societal discrimination against women andthe Malay minority.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicialkilling. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe law prohibits torture, and government leaders have statedthat they oppose its use. However, there have been crediblereports during the past year of police mistreatment ofdetainees, some of which has been reported in the press.Reliable reports indicate that police sometimes interrogateprisoners in very cold rooms where the prisoners may bestripped of their clothes and doused with water. In August,after 16 months in custody, murder charges were withdrawnagainst a suspect who claimed that he was forced to confess asa result of police interrogation methods. The policemaintained that all proper procedures had been followed inobtaining the confession. The court said that it appeared theaccused had been assaulted while he was in police custody andthat his confession, therefore, could have been coerced. In1993, of the 94 complaints of police abuse investigated, 14were substantiated.The Government reserves the right to use indefinite confinementto pressure detainees to "rehabilitate" themselves as well asto make admissions of wrongdoing. In the past, the Governmenthas acknowledged that in the case of detentions without trialunder the Criminal Law (Temporary Provisions) Act, theindefinite nature of the detentions served to pressure thedetainees. Persons alleging mistreatment under detention maybring criminal charges against government officials who arealleged to have committed such acts, but they may bediscouraged from making accusations for fear of officialretaliation.The Penal Code mandates caning in addition to imprisonment aspunishment for offenses involving the use of violence or threatof violence against a person, such as rape, robbery andextortion. The law also mandates caning in other areas, suchas for certain convictions under the Vandalism Act and forspecific immigration offenses. The Government opted to applythe Vandalism Act in the widely publicized case of foreignteenagers accused of spray painting privately ownedautomobiles. Previously, damage against private property hadbeen classified as mischief, which does not include caning as ameans of punishment. Many critics expressed the view thatcaning was an excessive penalty for youthful, nonviolent,first-time offenders whose actions were reparable andquestioned why the Government chose to punish these teenagersmore harshly than in past cases.Caning is discretionary for convictions on other chargesinvolving the use of criminal force, such as kidnaping orvoluntarily causing grievous hurt. The law prescribes amaximum or minimum number of cane strokes in many of thesecases, although the court does not always abide by theseguidelines. Women are exempted from caning, as are men over50, under 16, and those determined unfit by a medical officer.In 1993 the judgment included a caning sentence in 3,244cases. d. Arbitrary Arrest, Detention, or ExileThe ISA, the Criminal Law (Temporary Provisions) Act, theMisuse of Drugs Act, and the Undesirable Publications Act allhave provisions for arrest without warrant. Those arrestedmust be charged before a magistrate within 48 hours. At thattime, those detained under criminal charges may obtain legalcounsel. A functioning system of bail exists for thosecharged, and there were no reported abuses of it.The ISA, the Criminal Law (Temporary Provisions) Act, and theMisuse of Drugs Act authorize detention without trial. TheCriminal Law (Temporary Provisions) Act is used almostexclusively in cases involving narcotics and secret criminalsocieties and has not been used for political purposes.According to the Government, 46 detention orders were issuedunder the Criminal Law (Temporary Provisions) Act during 1993,of which 27 were for secret society activities and 19 for drugtrafficking. Under the Misuse of Drugs Act, the Director ofthe Central Narcotics Bureau (CNB) may also commit--withouttrial--suspected drug users for up to 6 months, with subsequentextensions, to a drug rehabilitation center in cases ofpositive urinalysis tests.Those persons detained without trial under the ISA are entitledto counsel but have no legal recourse through the courts tochallenge the substantive basis for their detention. Personsdetained without trial under the Criminal Law (TemporaryProvisions) Act are also entitled to counsel but may onlychallenge the substantive basis for their detention to thecommittee advising the Minister for Home Affairs on detentionissues. The ISA gives broad discretion to the Minister of HomeAffairs to order detention without charges if the Presidentdetermines that a person poses a threat to national security.The President may authorize detention for up to 2 years; thedetention order may be renewed for 2-year periods with nolimitation on renewal. An advisory board reviews eachdetainee's case periodically, and detainees may makerepresentations to it. The board may make nonbindingrecommendations that a detainee be released prior to expirationof the detention order. If the Minister wishes to act contraryto a recommendation for release by the board, he must seek theagreement of the President.The ISA empowers the police to detain a person for up to 48hours; any police officer at or above the rank ofsuperintendent may authorize that the detainee be held for upto 28 days longer. Once initial interrogation has beencompleted, the authorities normally allow ISA detainees accessto lawyers and visits by relatives.No one has been jailed under formal ISA detention since 1990.However, the Government maintains some restrictions on therights of two former ISA detainees to travel abroad, makepublic statements, and associate freely. Chia Thye Poh, aformer member of Parliament, was released from prison in 1989after 23 years in preventive detention under the ISA, but wasconfined to a small island adjacent to Singapore during eveningand night hours until 1992. Now resident in Singapore proper,he cannot be employed, travel abroad, or issue publicstatements without ISD approval. Vincent Cheng, a detaineereleased in 1990, may not issue public statements, publish, ortravel abroad without ISD consent.While the law does not specifically prohibit exile, theGovernment has never practiced exile. e. Denial of Fair Public TrialThe judicial system has two levels of courts: the SupremeCourt, which includes the high court and the court of appeal;and the subordinate courts. In normal cases the CriminalProcedures Code provides that a charge against a defendant mustbe read and explained to him as soon as it is framed by theprosecution or the magistrate. The accused has the right to berepresented by an attorney. Trial is by judge rather thanjury. Persons detained under the ISA and the Criminal Law(Temporary Provisions) Act, as well as suspected drug usersdetained under the Misuse of Drugs Act, are not entitled to apublic trial, which is accorded in all other cases.In 1989 the Government amended the Constitution and the ISA toeliminate judicial review of the objective grounds fordetentions under the ISA and subversion laws. This allows theGovernment to restrict, or even eliminate, judicial review insuch cases and thereby restrict, on vaguely defined nationalsecurity grounds, the scope of certain fundamental libertiesprovided for in the Constitution.In February, completing a transition begun in 1989, Parliamentapproved a bill abolishing all appeals to the Privy Council inLondon. The single Court of Appeal, established in 1993,combining the former court of appeal (for civil cases) andcourt of criminal appeal, therefore became the highest court ofreview in Singapore.The President appoints judges to the Supreme Court on therecommendation of the Prime Minister in consultation with theChief Justice. Supreme Court justices may remain in officeuntil the mandatory retirement age of 65, after which they maycontinue to serve at the Government's discretion for brief,renewable terms at full salary.The President also appoints subordinate court judges on therecommendation of the Chief Justice. The term of appointmentis determined by the Legal Service Commission of which theChief Justice is the chairman. Subordinate court judges andmagistrates, as well as public prosecutors, are civil servantswhose specific assignments are determined by the Legal ServiceCommission, which can decide on job transfers to any of severallegal service departments. Judicial officials, especially inthe Supreme Court, have close ties to the ruling party and itsleaders. These factors call into question the judiciary'sindependence.There were no reports of political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Government can use its wide discretionary powers if itdetermines that national security is threatened. In mostcases, the law requires search warrants, normally issued by themagistrate court, for intrusion into the home. Law enforcementofficers may, however, search a person, home, or propertywithout a warrant if they decide searches are necessary topreserve evidence.The Misuse of Drugs Act and the Criminal Law (TemporaryProvisions) Act also permit warrantless searches in dealingwith drug- and secret society-related offenses. The courts mayundertake judicial review of such searches at the request ofthe defendant. Divisions of the Government's law enforcementagencies, including the ISD and the Corrupt PracticesInvestigation Board (CPIB), have wide networks for gatheringinformation. The authorities have the capability to monitortelephone and other private conversations and conductsurveillance, but there were no proven allegations that theydid so in 1994.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution permits official restrictions on the freedomof expression and, in practice, the Government restricts thefreedoms of speech and the press. The ISA permits theGovernment to prohibit or to place conditions on publicationsthat 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 nationalinterests, national security, or public order. The Governmentuses a broad definition of these laws to restrict politicalopposition and criticism. It is clear from recent events thatthe Government will not tolerate discussions in the press ofgovernment corruption, nepotism, or a compliant judiciary.The Government owns the Singapore Broadcasting Corporation(SBC) and operates it under a statutory board of the Ministryof Information and the Arts. On October 1, the SBC was dividedinto four government-owned subsidiaries under a holdingcompany, Singapore International Media PTE Ltd. Also, the newSingapore Broadcasting Authority (SBA) came into effect toregulate and promote the broadcasting industry. The SBAdevelops censorship standards with the help of advisory panelswhose membership represents a cross-section of society.Government-owned corporations have a near monopoly onbroadcasting, operating all 3 free television channels and 10of 14 radio stations. The three pay television channels arejointly owned by government-owned corporations and the U.S.Cablevision company. Two of the other three radio stations areoperated by the National Trade Union Congress (NTUC), which isclosely affiliated with the Government; the third is theBritish Broadcasting Corporation (BBC) world service, available24 hours a day on the FM band. In addition to the BBC WorldService, Malaysian television and radio broadcasts andIndonesian radio broadcasts are received uncensored inSingapore. Cable News Network International, carried live, isavailable almost 24-hours a day on pay television. Satellitedishes are banned with few exceptions.All general circulation newspapers, with the exception of asmall circulation Tamil language newspaper, are owned bySingapore Press Holdings Ltd. (SPH), a private corporationwhich has close ties to the national leadership. SPH also owns20 percent of Singapore Cablevision, which operates the cabletelevision system. The SPH is required by law to issueordinary and "management" shares; holders of management shareshave the power to control all SPH personnel decisions. TheGovernment must approve, and can remove, holders of managementshares. Hence, while Singapore newspapers, especially theEnglish-language Straits Times, print a large and diverseselection of articles from their domestic and a variety offoreign resources, editorials and coverage of domestic eventsclosely parallel government policies and the opinions ofgovernment leaders. Government leaders often criticize whatthey call the "Western model" of journalism, in which the mediahave unrestricted freedom to report the news as they see it.Government officials argue that the role of the domestic mediais to support the goals of the elected leadership.A case by the Government against the editor of the BusinessTimes, the leading business daily owned by Singapore pressholdings, and four other persons was settled in March. Theeditor and four others--a government official, a journalist,and two employees of a foreign securities firm--were convictedof failing to protect the secrecy of official information inregard to a December 1992 report in the Business Times ofunreleased government growth figures. The defendants werefined but received no jail sentences.A wide range of international magazines and newspapers may bepurchased uncensored, although newspapers printed in Malaysiamay not be imported (and vice versa). A 1990 law requiresforeign publications that report on politics and current eventsin Southeast Asia to register, post a bond the equivalent of$132,000, and name a person in Singapore to accept legalservice. These requirements strengthen government control overforeign media. The Government may ban the circulation ofdomestic and foreign publications under provisions of the ISAand the Undesirable Publications Act. Under amendments to theNewspaper and Printing Presses Act, it may limit thecirculation of foreign publications which, by the Government'sbroad determination, interfere in Singapore's domesticpolitics. It has done so on occasion in the past.In its relations with foreign media, the Government relaxedrestrictions on the circulation of some foreign publications.In January the restrictions on the circulation of The Economistwere lifted. The Asian Wall Street Journal (AWSJ), Asiaweek,and the Far Eastern Economic Review, all "gazetted" (limited incirculation) in 1987, remained gazetted. However, the limitswere raised to 7,000 per issue on the AWSJ, 15,000 per issuefor Asiaweek, and 2,000 per issue of the Far Eastern EconomicReview. The Government also permitted the AWSJ to station acorrespondent full time in Singapore beginning in 1993. From1988 to 1991, the AWSJ was not permitted to have acorrespondent in Singapore, and from 1991 to 1993, acorrespondent was permitted on a part-time basis only.However, in June the Immigration Department refused theapplication from the Asiaweek correspondent to renew hisemployment pass. Journalists from regional publications arerequired by law to apply annually for renewal of the employmentpass which allows them to operate in Singapore.Government leaders sometimes use libel or slander suits or thethreat of such actions to discourage public criticism. In Junea Former Singapore Law Minister sued the International HeraldTribune for publishing an allegedly defamatory letter about himin May. The letter compared the leniency shown to the formerlaw minister after a car crash when he had been convicted of"drunk driving and refusing a breathalyzer test" with the harshpunishment for persons convicted of vandalism. In fact, theformer law minister had not been convicted of the former, butwas charged with "driving without care" and "failing to give ablood sample." The suit was settled out of court after the IHTprinted an apology and paid an unspecified amount in damages.Prime Minister Goh Chok Tong, Senior Minister Lee Kuan Yew, andhis son, deputy Prime Minister Lee Hsien Loong, are seekingdamages from the IHT for an article, published in August, whichsuggested that the younger Lee had been appointed to his poston account of his father. Damages of an unspecified amount arebeing sought, in spite of a printed apology, which appeared inthe newspaper on August 31. Lawyers for the two sides arestill negotiating the amount of the damages.In January 1995 Dr. Christopher Lingle, an American academicwho had been a visiting lecturer at the National University ofSingapore, the International Herald Tribune, and others werefined for contempt of court following the publication of anarticle about Southeast Asian governments by Lingle on October7, 1994. Although Singapore was not mentioned in the article,the court focused on the article's reference to somegovernments as being "more subtle: relying upon a compliantjudiciary to bankrupt opposition politicians or buying outenough of the opposition to take control democratically" as areference to Singapore. Although the IHT published an apologyfor the article in December, Senior Minister Lee Kuan Yew fileda civil libel suit. That action is pending. In at least thethree incidents cited above, the use of slander or libel suitsappears to have successfully intimidated the press.The authorities censor movies, video materials, and music.Some publications are barred from importation. Censorship ofmaterials and the decision to deny the importation of specificpublications are based on a determination that such materialswould undermine the stability of the State; are pro-Communist,contravene moral norms, are pornographic, show excessive and/orgratuitous sex and violence, glamorize or promote drug use, orincite racial, religious, or language animosities. Theauthorities report that there is strong public support forcontinued censorship of sex and violence in films.In January, after a performer's actions in a nudeentertainment, the Government tightened its restrictions ondrama groups. It now requires organizers of scriptless playsto provide a synopsis when applying for a license. The founderof the group responsible for the above performance wasprosecuted for providing entertainment without a licensebecause the play ran overtime. The performer was fined andbarred from future public performances.Faculty members at public institutions of higher education aregovernment employees. A number of university lecturers areconcurrently PAP Members of Parliament (M.P.'s). Academicssometimes criticize government policies, but avoid publiccriticism of individual government leaders and sensitive socialand economic policies because of possible sanctions, such as inthe cases of Dr. Christopher Lingle and Dr. Chee Soon Juan (seealso Section 3). Publications by local academics and membersof think tanks rarely deviate substantially from governmentviews. b. Freedom of Peaceful Assembly and AssociationAssemblies of more than five persons in public, includingpolitical meetings and rallies, must have police permission.Individuals wishing to speak at a public function, excludingfunctions provided by or under the auspices of the Government,must obtain permission from the Public Entertainment LicensingUnit, a division of the police Criminal InvestigationDepartment. Opposition politicians have experienced delays aslong as 26 days, according to police records, before receivingnotification of action on their applications. The authoritiesdo not approve all applications. For example, according to apolice spokesman, opposition M.P. Ling How Doon was not allowedto speak at his constituency's national day celebration dinnerin August because the function was organized by a politicalparty and held outdoors. On the other hand, PAP M.P. andMinister Without Portfolio Lim Boon Heng was allowed to speakat a similar open-air function in August because it wasorganized by the Citizens' Consultative Committee under thePeople's Association, which is not a political party.The Government closely monitors political gatherings regardlessof the number present. Most associations, societies, clubs,churches, and other organizations with more than 10 membersmust be registered with the Government under the SocietiesAct. The Government denies registration to societies itbelieves likely to be used for unlawful purposes or forpurposes prejudicial to public peace, welfare, or publicorder. The Government has absolute discretion in applying thisbroad and vague language to register or dissolve societies. Itprohibits organized political activities, except byorganizations registered as political parties. Thisprohibition effectively limits opposition activities. It hasless of an effect on the PAP, which enjoys the support ofresidential committees and neighborhood groups ostensiblyorganized for nonpolitical purposes but whose leadershipcontains many grassroots PAP members (see also Section 3). c. Freedom of ReligionFreedom of religion is provided for in the Constitution andusually respected in practice. There is no state religion.The Government has determined that every public housing estatemust have a mosque. It therefore provides some financialassistance to build and maintain mosques. The Government alsofacilitates contributions to the construction of Indian andChinese temples.Missionaries are permitted to work and to publish religioustexts. However, all religious groups are subject to governmentscrutiny and must be legally registered. The Governmentrestricts some religious sects by application of the SocietiesAct and has banned others, such as Jehovah's Witnesses and theUnification Church. Four Jehovah's Witnesses were convicted,and their appeals dismissed, for possessing banned publicationsunder the Undesirable Publications Act. All four were fined.The 1990 "Maintenance of Religious Harmony Act" made illegalwhat the Government deems to be the inappropriate involvementof religious groups and officials in political affairs. TheAct also denies the judiciary the competence to review possibledenial of rights which could arise from the application of theAct, and it specifically denies judicial review of itsenforcement. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Government requires all citizens and permanent residentsover the age of 12 to register and to carry identificationcards. After the completion of national service, enlisted menremain liable for reserve training until the age of 40 andofficers to age 50. Reservists who plan to travel overseas forless than 6 months must advise the Ministry of Defense; fortrips longer than 6 months, reservists must obtain an exitpermit. Males approaching national service age must obtain anexit permit in order to study outside Singapore. TheGovernment may deny a passport, and has done so in the case offormer ISA detainees.The ISA allows the Minister for Law and Home Affairs to suspendor revoke a detention order or to impose restrictions on formerdetainees' activities, places of residence, and travel abroad.The right of voluntary repatriation is extended to holders ofSingaporean passports. In 1985 Parliament provided for theloss of citizenship by Singaporeans who reside outsideSingapore for more than 10 years consecutively. Action underthis law is discretionary and has been taken in at least onecase involving a well-known government opponent, Tan Wah Piaow.The law stipulates that former Singaporean members of theCommunist Party of Malaya (CPM) residing outside Singapore mustappeal to the Government to be allowed to return. They mustrenounce Communism, sever all organizational ties with the CPM,and pledge not to take part in activities prejudicial to thenation's internal security. In addition, the law requires themto be subject to interview by the ISD and to any restrictiveconditions imposed on them.Singapore neither accepts the Comprehensive Plan of Action forIndochinese seeking refugee status nor offers first asylum torefugees. Prior to 1991, the Government permitted Indochineseasylum seekers to disembark if a resettlement country promisedto remove them within 90 days and if the rescuing vessel was inSingapore on a scheduled port of call. In June 1991, theGovernment halted disembarkation on the grounds thatresettlement countries had not honored their guarantees ofremoval. As of September 1, there were 98 asylum seekers atthe Hawkins Road camp, all of whom were denied refugee statusthrough screening procedures conducted by the local office ofthe United Nations High Commissioner for Refugees (UNHCR). Theauthorities permit persons of other nationalities who makeclaims for asylum to have their status determined by the UNHCRfor possible resettlement elsewhere. There is no forciblerepatriation.</text>
</content>
<name>Singapore </name>
<script></script>
</card>
card_63018.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SIERRA LEONE HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SIERRA LEONESierra 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingBoth 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. DisappearanceReports 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 PunishmentAlthough 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 ExileIn 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 TrialThe 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 CorrespondenceAlthough 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 ConflictsThere 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 inpart 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 PressAlthough 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 AssociationAlthough 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 ReligionThe 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 RepatriationThere 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 GovernmentCitizens 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 RightsThe 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 WomenThe 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. ChildrenThe 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 MinoritiesThe 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 DisabilitiesQuestions 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 AssociationUnions 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 CollectivelyThe 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 LaborUnder 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 ChildrenThe 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 WorkThere 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.</text>
</content>
<name>Sierra Leone </name>
<script></script>
</card>
card_62838.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SEYCHELLES HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SEYCHELLESPresident 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe 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 ReligionThe Constitution provides for freedom of religion, and this right is respected in practice. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe 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 GovernmentCitizens 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 RightsThere 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 StatusThe 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. WomenSeychelles 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. ChildrenThe 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 MinoritiesThere 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 DisabilitiesThe 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 AssociationUnder 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 CollectivelyThe 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 LaborThe law prohibits forced or compulsory labor, and it does not exist. d. Minimum Age for Employment of ChildrenThe 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 WorkSeychelles 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.</text>
</content>
<name>Seychelles </name>
<script></script>
</card>
card_62489.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SERBIA-MONTENEGRO HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and the PressAlthough freedom of press and speech is provided for under law,this right is not respected in practice. Republic authoritiesuse provisions of the Federal Criminal Code to restrict freedomof speech. For instance, the person of the President isprotected by law from criticism. Federal laws are being usedto overturn privatization processes and subvert independentmedia into state controlled media (Borba and Studio B).Federal law has also been used to set up progovernment radioand television stations run by local party heads throughoutSerbia. The regime controls frequency allocations forbroadcasters and has enormous influence on supplies andrevenues for the print media. Although it continued totolerate the independent but low-circulation print media ofBorba and Vreme in Belgrade, both often critical of theGovernment, most of the population nationwide is dependent forits news on electronic media firmly under government control.The Government again blocked the attempts of independenttelevision station Studio B and independent radio station B-92to expand transmission of their broadcasts.Milosevic's control of the media, particularly statetelevision, is vital to the strength of his regime. ThroughSerbian Radio and Television (RTS), the Government exertseditorial control over all news programming. The regimeabandoned the most blatant forms of anti-Muslim propaganda in1994, except in the tabloid press, but news concerning non-Serbethnic minorities continued to receive very slanted and hostilecoverage. The authorities generally tolerated publication ofmaterial critical of the Government as long as dissident voiceswere kept off television and out of mass-market publications.They dismissed the editor of the semi-independent TelevisionPolitika from his position in August and fired him from thecompany after he gave prime-time coverage to one of Milosevic'smost consistent critics.Shortages of newsprint caused by the deteriorating economyenabled the Government selectively to direct supplies tofavored publications and to reduce financial support ofindependent journals. Serbian customs authorities seizedseveral shipments of equipment and newsprint provided by theSoros Foundation for Belgrade independent daily Borba and radioB-92 They later negotiated a reduction in the initial demandfor a ransom amounting to thousands of dollars. In December,Borba was forced to reduce its circulation and number of pagesbecause it could not obtain sufficient newsprint.The Serbian government, a minority shareholder in the semi-independent Belgrade daily Borba, tried to use its 17-percentshare to exercise full control over the newspaper. InSeptember the Government began court proceedings against Borbaclaiming the means by which it had formed its stock companywere illegal. In late December, federal government authoritiesthrough manipulation of the federal courts took over managementof Borba, installing the head of the Federal Secretariat forInformation as editor. In Vojvodina, the Hungarian-languageindependent newspaper Magyar Szo continued to resist attemptsto merge with a Serbian publishing house, fearing financialmismanagement would force it to close. B-92 has not yet beenofficially licensed and must continue to operate as a "pirate"radio station.Proposed legislation to regulate foreign investment in domesticmedia would make Serbian press connections with foreigners orforeign support of Serbian media illegal under mostcircumstances. In April the "FRY" Ministry of Informationstripped a total of 13 correspondents and staff working forforeign news agencies (most of them ethnic Serbs) of theiraccreditations for allegedly engaging in "anti-Serbianactivities." It did not explain why it had singled out thesejournalists. One American reporter who spoke withrepresentatives of the Serbian independent media on the recordabout the revocation of credentials was given 5 days to leavethe country.Studio B continued to struggle for survival. It faced evictionfrom its premises in favor of a proregime firm. AlthoughSerbian authorities finally approved repeater stations for it,they refused to vacate the allocated mountaintop areas,preventing the station from extending its range of receptionbeyond Belgrade. Studio B lost an important sponsor and wasforced to cancel a planned folk festival when RTS threatenedthe singers with loss of their RTS recording contracts if theycooperated with the station.In March federal authorities prohibited ham radio operatorsfrom transmitting messages to Bosnia. For many people inSerbia-Montenegro, the estimated 15 private radio clubs weretheir only link to friends and relatives still in Bosnia.Military and civilian officials, accusing the radio operatorsof espionage and passing militarily significant messages to theGovernment of Bosnia and Herzegovina, began confiscating radioequipment and harassing the operators.Despite a precarious existence, the only Albanian-languagenewspaper, Bujku, continued to be published, and a number ofnew Albanian-language weeklies began publication. Bujku, whichis independent of Belgrade and uncensored, clearly reflects theviews of the Kosovar Albanian LDK leadership. As such, it isthe main source of information for the Albanian community.Radio and Television Pristina, however, remain firmly under thecontrol of RTS and the ruling Socialist Party. In JuneBelgrade student radio Indeks went on strike to protest theappointment of a new editor in chief forced on the station bythe Socialist Party's youth movement. For some time, Indeksplayed only the MTV satellite audio signal; it is now off theair, pending "studio refurbishment." b. Freedom of Peaceful Assembly and AssociationAlthough the Federal Constitution provides for freedom ofpeaceful assembly and association, the authorities severelyrestricted these freedoms, applying the laws and regulations ina capricious fashion. Kosovo was singled out for particularrestrictions of assembly, and Serbian authorities targetedso-called parallel ethnic Albanian social structures forharassment. In February and March, local authorities inPristina shut down both the independent Kosovo Academy of Artsand Sciences and the Institute for Albanian Studies, beatingInstitute director Sadri Fetiu and several staff members in theprocess. Local authorities, who had been threatening to closethe 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 inthe parallel Albanian educational system. In February theyarrested Tafil Bahimja, director of an Albanian-languageprimary school in Kraljane, and interrogated him about theschool's curriculum, threatening him with physical harm.The authorities also severely restricted Albanian politicalorganizations. The then Serbian district chief for Kosovoissued two separate public calls for a ban on all LDK activityin May. Arkan and his Party of Serbian Unity (SSJ) madesimilar repeated, public demands. Although the district chiefwas subsequently dismissed, Belgrade authorities did notdispute his contention that the LDK was actively working toundermine the Serbian constitutional order. In July policeraided a meeting of the Social Democratic Party in KosovoMitrovica, beating up the general secretary and three membersof the presidency. The president, Bilim Bislimi, wassubsequently arrested.In Sandzak, Serb authorities have arrested and harassedpolitically active Muslims, primarily because of theirmembership in the Party of Democratic Action. With most of theMuslim leadership in prison or in exile, the Serbianauthorities succeeded in forging an association betweenpolitical involvement and police harassment that inhibited theexercise of free political expression and made politicalactivity a visibly risky proposition. c. Freedom of ReligionThere is no state religion, but the Government givespreferential treatment to the Serbian Orthodox Church, to whichthe majority of Serbs belong--including access to state-runtelevision for religious events.There are no legal restrictions on the practice of religion,but police condoned periodic violence against religiousfacilities used by ethnic minorities and their investigationsinto the fire-bombing attacks on Catholic churches in Vojvodinaor vandalism of mosques in Sandzak were perfunctory.One human rights organization based in Novi Pazar reported thatpolice summoned even more people than usual for interrogationon Muslim religious holidays. The Serbian Orthodox hierarchyin 1994 adopted a more stridently nationalistic tone in regardto events in Bosnia, a development that had a chilling impacton members of other faiths and non-Serb ethnic groups. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution provides for freedom of movement. The regimegenerally does not require exit visas except for travel toAlbania, and makes passports available to most citizens, whilerestricting the right to travel of many Kosovar Albanians.Serbian authorities have generally allowed ethnic Albanianleaders, including LDK leader Ibrahim Rugova, to leave thecountry and return, even though they consider his party andother ethnic Albanian parties illegal.Ethnic Albanians have frequently complained of harassment atborder crossings, generally when entering from Hungary or atthe border between Kosovo and Macedonia. There have beennumerous reports of border guards confiscating foreign currencyor passports from travelers, as well as occasional complaintsof physical ill-treatment. Serbian border guards and customsofficials harassed Kosovar Albanians returning from abroad,sometimes refusing to recognize the validity of legitimatepassports held by ethnic Albanians repatriated from WesternEuropean countries.Montenegrin authorities "deported" Serbian ultranationalistRadical Party leader Vojislav Seselj to Serbia for makingcomments at a political rally that were deemed "offensive tothe Republic of Montenegro and its leaders." It also expelled34 other Radical Party deputies to Serbia on a government-ownedairplane. Seselj's expulsion, almost certainly sanctioned atthe highest political levels, was a direct violation of theconstitutional guarantees on freedom of movement.Many refugees from the Bosnian conflict who had been living incollective centers or with host families in Serbia-Montenegroreturned to their homes in Bosnia (or to homes that had been"cleansed" of their previous Muslim tenants). Serbian andMontenegrin authorities encouraged this exodus by threateningto strip refugees of their status or force them to serve in theBosnian Serb army. In violation of both internationalconvention and Serbian law, the Yugoslav army cooperatedclosely with the Bosnian Serb military in a roundup of refugeesin January and February. In May Serbian authorities strippedover 100,000 people of their refugee status. Although they didnot forcibly expel them, they induced many to return to"liberated" eastern Bosnia. Lawyers counseling the refugeeswho were called up for military service believed that both theSerbian Red Cross and the Serbian Committee for Refugees weresupplying the military with the names and addresses ofdraft-age males.Many people succeeded in evading military service, and theauthorities did not pursue draft dodgers systematically.However, the Government threatened to begin proceedings againstethnic Albanians living abroad who had avoided military serviceif they were repatriated to the "FRY." More typically, policewho picked up young Kosovar Albanians found to be evading draftnotices took them to army barracks where they were beaten andeventually released.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe Constitution provides for this right, but in practicecitizens are prevented from exercising it by the MilosevicGovernment's monopoly of mass media and of the electoralprocess. In the December 1993 elections, the authoritiesdenied opposition parties equal access to the state-run mediaand omitted many voters from the registration lists. Observersnoted numerous voting irregularities and raised seriousquestions as to the accuracy of the vote count.Slobodan Milosevic dominates the political system in Serbia-Montenegro. Although formally president of Serbia, one of thetwo constituent republics in the so-called Yugoslav FederalRepublic, Milosevic first weakened the authorities of theFederal Government through his control of the Serbian police,the army, and the state administration, and then placed hisfollowers in key positions, including the Federal President andthe Federal Prime Minister. Milosevic greatly circumscribesthe Montenegrin government's sphere for independent action ashe does not tolerate significant divergence from the Serbianparty line.The domestic political opposition, hamstrung by theseextralegal means of political control, proved incapable ofproviding an effective alternative to the ruling SocialistParty (SPS). Although the SPS does not control an absolutemajority of seats in the Serbian Parliament, it managed tocoopt one of the opposition parties, allowing the Socialists toform the Government in January. In Montenegro, where theruling Democratic Party of Socialists (DPS) enjoys an absolutemajority, opposition parliamentarians complained that theGovernment often railroaded legislation through Parliamentwithout time for adequate debate. In both Serbia andMontenegro, the ruling parties have effectively blockedlegislation that would loosen their control over the state-runmedia.Ethnic Serbs dominate the political leadership in Serbia. Fewmembers of other ethnic groups play any role at the top levelsof government or the state-run economy. The same is true ofwomen (see Section 5), although in both instances there are nolegal restrictions preventing advancement. Ethnic Albanians,as a matter of principle, refuse to take part in the electoralprocess, and therefore have little representation.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsLocal human rights monitors (Serbs as well as members of ethnicminorities) worked under difficult circumstances amid publicinsinuations by ultranationalist leaders and sometimesgovernment officials that they were traitors. Police routinelysearched human rights offices in Kosovo, confiscated documents,and harassed their employees.A number of independent human rights organizations exist inSerbia-Montenegro, researching and gathering information onabuses and publicizing such cases. Several operate out ofKosovo, including the Council for the Defense of Human Rightsand Freedoms and the Kosovo Helsinki Committee. In the Sandzakregion, a separate Council for the Protection of Human Rightsand Freedoms monitors abuses against the local Muslimpopulation and produces comprehensive reports.The Belgrade-based Humanitarian Law Fund and the Center forAntiwar Action (CAA) have a broader scope of activities,researching human rights abuses throughout the "FRY" and, onoccasion, elsewhere in the former Yugoslavia. The CAA alsosponsors symposia and lectures and runs a small publishinghouse. CAA members set up a hot line providing legal counselto refugees who received military induction notices and formedthe Committee to Free Veljko Dzakula when the Serbian securityservice kidnaped him in January (see Section 1.d.). Serbianauthorities carefully monitor the activities of independenthuman rights agencies but generally do not subject them toovert harassment.The governments of Serbia and Montenegro formally maintain thatthey have no objection to international organizationsconducting human rights investigations on their territories.However, they hindered such activities and regularly rejectedthe findings of human rights groups. Serbian authoritiesrefused to issue visas to representatives of a number of humanrights organizations, including Amnesty International. "FRY"authorities soundly rebuffed numerous approaches about allowingthe reintroduction of the CSCE Long-Duration Missions toKosovo, Vojvodina and Sandzak. Officials on all levelsmaintained that the CSCE must first reinstate the "FRY" beforeit would be allowed to operate in Serbia-Montenegro.Diplomats from various CSCE countries stationed in Belgrade andtraveling in groups were frequently denied meetings withSerbian authorities who considered them de facto CSCE observerscarrying out an expired mandate. In May Foreign Ministryofficials made veiled threats to expel Embassy personnel whotook part in CSCE-sponsored trips outside Belgrade. In Octoberthe Foreign Ministry again complained about CSCE Embassymembers traveling to Kosovo, Sandzak, and Vojvodina.Repressive acts against ethnic minorities have increasedsignificantly since the CSCE missions in Kosovo, Sandzak, andVojvodina departed. In Kosovo, five members of the Pec ethnicAlbanian communal leadership, on trial in early December for"violating the territorial integrity of the state," werequestioned extensively in court about their contacts with theformer CSCE observer mission, even though they pointed out thatthe mission had been present legally and with the permission ofSerb authorities.In a change from previous public statements that they would notcooperate with the U.N. War Crimes Tribunal, Serbian officialsin 1994 stated they would offer limited cooperation with theTribunal to the extent the law allowed. Both the Serbian andFederal Constitutions forbid extradition. The Governmentstated it will try those who committed war crimes within thecountry, and has begun proceedings in the case of the Vukovicbrothers who are accused of killing Muslims in Bosnia.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusWhile federal and republic laws provide for equal rights to allcitizens, regardless of ethnic group, religion, language, orsocial status and prohibits discrimination against women, inreality the system provides little protection to such groups. WomenTraditional patriarchal ideas of gender roles, which hold thatwomen should be subservient to the male members of theirfamily, have long subjected women to discrimination. Thehostile atmosphere of oppressive nationalism fostered by theregime's war on non-Serbs and the increasingly precariousfinancial situation of most families have exacerbated thetraditionally high level of domestic violence. The majority ofSerb refugees from Bosnia and Herzegovina moved in withrelatives or friends and received only minimal support frominternational refugee agencies. The strain of living for2 years in poverty and overcrowded conditions resulted infamily violence, particularly wife beatings, which human rightsorganizations report was largely ignored by authorities. Whilelegal recourse is theoretically available to victims ofdomestic violence, few women, most of whom are fearful of beingrejected by their family, are willing to risk making a formalcomplaint. Police rarely investigate women's complaintsseriously.In the early 1990s, women's rights organizations in Serbia,originally formed around a strictly antiwar agenda, expandedthe scope of their activities as they recognized the growingneed to help female victims of the Yugoslav wars. The Centerfor Antiwar Action, in cooperation with a number of women'srights groups, opened a hot line for rape victims. The floodof calls overwhelmed the small staff, and programs gearedtowards assisting and counseling victims of rape haveproliferated. In the summer of 1994, two of the largestorganizations, Women in Black and the SOS hot line, opened acenter for juvenile females and sponsored assistance programsfor women refugees in camps throughout the country.The apolitical character of Serbia's feminist organizationsallowed them to operate with little overt opposition from localauthorities who, however, regularly ignored their protestdemonstrations. Women in Black continued to hold weekly silentprotest meetings, for which they received explicit policepermission. Police, however, refused permission for a protestmeeting that was to be held on a major Belgrade bridge in orderto draw attention to the destruction of the Mostar bridge inHerzegovina. Feminist groups organized and held conferences inBelgrade and Novi Sad with the participation of women activistsfrom abroad.Women are entitled to equal pay for equal work. However, theyare vastly underrepresented at the top levels of government,state-run industry, and academic institutions. Maternity leaveis usually granted for 1 year. President Milosevic rejected alaw limiting the availability of abortion as a restriction onwomen's rights, the first time the feminist community has founditself allied with the Serbian President. ChildrenPolice violence against non-Serb children (see Section 1.c.) isthe primary abuse. Otherwise, there is no pattern ofgovernmental or societal abuse against children, nor is childprostitution condoned. Children are not conscripted into thearmy. National/Racial/Ethnic MinoritiesThe ethnic minorities of Serbia-Montenegro suffereddiscrimination in all respects as the "FRY" continued itspolicy of "ethnic cleansing" as a means of creating "GreaterSerbia" (see Section 1). In addition to the abuses describedelsewhere in this report, there were credible reports thatqualified Muslims or ethnic Albanians continued to be firedfrom their jobs on the basis of religion or ethnicity.Members of ethnic minorities were badly treated in the armedforces in which they were viewed with suspicion and oftenoutright hostility. In Kosovo, court proceedings, formerlyconducted in the defendant's language, are now conducted inSerbian; an interpreter is provided if necessary.Traditional societal discrimination against the substantialRoma population remains widespread. The two Roma parties arenot well organized and do not play a role in the political lifeof the country commensurate with their numbers. The Roma havethe right to vote, and there is no legal discrimination.However, local authorities apparently condone and evenparticipate in their harassment and intimidation. Religious MinoritiesIn the former Yugoslavia, religion and ethnicity are so closelyintertwined as to be inseparable. "Muslims," for example, areconsidered an ethnic rather than a religious minority, althoughthey are increasingly referred to as "Serbs of Muslim faith" inofficial propaganda.Serious discrimination and harassment of Serbia's religiousminorities continued, especially in the Kosovo and Sandzakregions. Violence against the Catholic minority inVojvodina--largely made up of ethnic Hungarians andCroatians--is also a continuing problem. Individual Catholicswere targeted for harassment by Orthodox "Chetniks," and anumber of Catholic churches were bombed (see Section 2.c.). People with DisabilitiesThere is no formal legislation to provide equal rights for thedisabled. Only public buildings are required to provide accessfor the disabled. Plans for the Belgrade metro envisageelevator access for the disabled at all stops.Section 6 Worker Rights a. The Right of AssociationAll workers (except military personnel) have the legal right toform or join unions. Unions are either official(government-affiliated) or independent organizations. Workersin the official unions, whether Serb or non-Serb, have littlereal voice in their unions, and their bargaining leverage iscircumscribed by the Government. Consequently, they haveachieved little in terms of bettering their condition. Theyare ostensibly permitted to join the independent unions, butthese are so weak that they have been largely ineffective. b. The Right to Organize and Bargain CollectivelyWhile this right is guaranteed in law, collective bargaining isrudimentary. Individual unions tend to be very limited andpragmatic in their aims, unable to join with unionsrepresenting workers in other sectors and bargain together fora common purpose, such as to eliminate safety hazards in theworkplace or to provide certain minimum health conditions. Theoverall result is a highly fragmented labor organizationalstructure composed of workers who relate to the needs of theirindividual union but rarely to those of other workers. c. Prohibition of Forced or Compulsory LaborForced labor is prohibited by law and is not known to occur. d. Minimum Age for Employment of ChildrenThe minimum age for employment is 16, although in villages andfarming communities it is not unusual to find younger childrenat work assisting their families. With the fall in industrialproduction by two-thirds compared with 1989, factories andstores have retained only their most experienced and seniorworkers. Over the past year it was extremely unusual to find ateenager in Belgrade working at any full-time or even part-timejob. Unemployment, which unofficially ran in excess of 50percent, was concentrated more highly among young, unskilledworkers. e. Acceptable Conditions of WorkThe economic decline, which began at the beginning in 1991 andwas accelerated by the onset of U.N. economic sanctions in May1992, continued to exert a major influence on the conditions ofwork. While the Government succeeded in stabilizing pricesthrough much of 1994, a large gap remained between prices andwages. By November the average monthly wage had risen to about$94 (255 dinars) at the current black market rates. Whilethere is no official poverty line in Serbia-Montenegro, bankingand finance officials have used 250-300 dinars as an"unofficial" poverty level for the average wage earner. Theminimum wage, which is established in December by negotiationamong the Government, the chambers of commerce, and the unions(both official and unofficial) was about $37 (90 dinars) at theblack market exchange rate.While the official workweek was listed as 40 hours, manyemployees worked fewer hours due to the economic slowdown.These employees remained, for the most part, on enterprisepayrolls, continuing to draw a minimum monthly salary--between$29.50 and $59 (50 and 100 dinars)--plus food supplements asavailable. The Government, which previously assumedresponsibility for providing redundant workers with a minimum"unemployment" payment, shifted this responsibility in the lasthalf of the year to enterprises. Many enterprises attempted totrim these workers, but concerted action by both official andindependent unions may have helped to prevent further massivelayoffs in the economy.Federal and republic laws and regulations regulate occupationalhealth and safety, but enforcement is lax.</text>
</content>
<name> </name>
<script></script>
</card>
card_62337.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SERBIA-MONTENEGRO HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SERBIA-MONTENEGROThe United States and the international community do notrecognize Serbia-Montenegro as the successor state to theformer Yugoslavia and have suspended the "Federal Republic ofYugoslavia" ("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 isserving his second 5-year term as President of Serbia. Hecontrols the country through his Socialist Party of Serbia(SPS), which lacks majorities in both the "Federal" and SerbianParliaments but holds the key administrative positions. TheSPS abolished the political autonomy of Kosovo and Vojvodina in1990, and all significant decisionmaking since that time hasbeen centralized under Milosevic in Belgrade.As a key element of his hold on power, Milosevic wields strongcontrol over the Serbian police, a heavily armed force ofperhaps 100,000 which is guilty of extensive, brutal, andsystematic human rights abuses, including extrajudicialkillings. Another important factor in Milosevic's rise topower and almost total domination of the Government is hiscontrol and manipulation of the media. Freedom of the press isgreatly circumscribed. The Government discouraged independentmedia and resorted to surveillance, harassment, and eventualsuppression to inhibit the media from reporting its repressiveand violent acts. At year's end, the Government's legal movesagainst a major independent newspaper threatened to still itsvoice. Police elements routinely monitor opposition leaders,human rights workers, and political dissidents.In addition to the absolute power which Milosevic wields overSerbia-Montenegro, until August his Government activelyfostered violence in Bosnia and Herzegovina by providingmilitary, economic, political, and moral support to ethnicSerbs responsible for massive human rights abuses including"ethnic cleansing." The Government of Serbia-Montenegroannounced at that time that it would stop the flow of allnonhumanitarian aid across its boundaries into Bosnia andHerzegovina; in September, it allowed the deployment of amission sponsored by the International Conference on the FormerYugoslavia (ICFY) to observe adherence to border controls. Inreturn, the United Nations Security Council voted to suspendtemporarily some of the sanctions previously imposed onSerbia-Montenegro so long as ICFY observers continue to verifythat the border remains closed.U.N. economic sanctions continued to impact the economy for thethird successive year. An economic stabilization programintroduced in January succeeded in bringing hyperinflationunder control, but by year's end the program was beginning toshow serious cracks. The hard currency black market hadreappeared, consumers struggled under the double burden of highprices and a shortage of local currency, unemployment continuedat levels in excess of 50 percent, and independent labor unionstried unsuccessfully to mobilize labor protests. The netresults were the reduction of a once thriving middle class tonear subsistence levels and concomitant increases in crime,including organized drug trafficking.The Government continued to inflict egregious abuses on theone-third of the population who are not ethnic Serbs, andrepressed voices of opposition in the ethnic Serb community aswell. Government officials carried out sanctioned extrajudicialkillings, torture, brutal beatings, arbitrary arrest, and ageneral campaign to keep the non-Serb populations repressed.While an atmosphere of fear and violence pervades all ofSerbia-Montenegro, the ethnic Albanians of Kosovo and theMuslims of Sandzak suffer the heaviest abuses. Repressive actsagainst these minorities increased dramatically after theGovernment refused to extend the mandate of the CSCE monitoringmissions in 1993.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingPolitical violence in Serbia-Montenegro, including killings bypolice, resulted mostly from direct and indirect efforts bySerbian authorities to suppress and intimidate ethnic majoritygroups. Leaders of minority communities in Kosovo and Sandzak,and to a lesser extent Vojvodina, reported numerous acts ofviolence and intimidation aimed at repressing non-Serbs andMuslims. The level of violence was most severe in the Albanian-populated region of Kosovo, where police repressed expressionsof political and community life, and in the Muslim-populatedregion of Sandzak, where "ethnic cleansing" continued, withhomes inhabited by Muslims being turned over to Serbs.According to the Council for the Defense of Human Rights andFreedoms (CDHRF), a monitoring organization based in Pristina,Kosovo, 17 ethnic Albanians were killed by police during theyear; 11 of them were shot by police, and the others died whilein police custody, reportedly due to mistreatment or beatings.In most cases, the authorities claimed that those killed wereshot while fleeing or resisting arrest. Police, however,appear to have resorted to deadly force with little or noattempt to apprehend the alleged suspects by other means. ASerbian police officer in July shot and killed a 6-year-oldethnic Albanian boy, Fidan Brestovci, while he was riding inhis parents' car. The officer later claimed he had mistakenthe car for one driven by a wanted felon.In March, following an argument in a Kosovo Polje restaurant, aSerbian police officer shot and killed Faik Maloku andseriously wounded Xhevat Bejzaku. Maloku evidently failed toproduce a personal identity card on demand. The officer wasdetained for investigation, but no formal charges were filedagainst him. In early August, a large Serbian policecontingent killed Hasan Ramadani, a former political prisoner,while searching his house in Podujevo for illegal weapons. InSeptember, when violence broke out in the town of Decani duringa police raid on market day, Serbian police firedindiscriminately, according to eyewitnesses, and killed a youngAlbanian mother of two while she was watching from a window. b. DisappearanceThe reduced level of paramilitary activity in Serbia-Montenegroled to a sharp drop in the number of kidnapings anddisappearances. Human rights agencies reported no new cases ofdisappearance or officially sanctioned kidnaping.In May Serbian authorities "extradited" the notoriousparamilitary figure Milan Lukic to Bosnian Serb authorities inthe "Serbian Republic" (RS) where he is believed to have beenset free. Lukic was scheduled to stand trial for his role inthe Strpci kidnapings in February 1993 when 17 ethnic Muslimsand 2 Croats were taken from the Belgrade-Bar train as itcrossed a narrow strip of Bosnian territory. None of those whodisappeared have been heard from. Paramilitary forces arepresumed to have murdered them, but their families continued topetition the Government for information on their fate. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentWhile the law prohibits torture, police in Serbia routinelybeat people severely when holding them under detention orstopping them at police checkpoints, especially targetingethnic Albanians. According to human rights agencies, policebeat thousands of Kosovar Albanians and Sandzak Muslims duringsearches for illegal weapons, and extracted "confessions"during interrogations that routinely included beating thesuspects' feet, hands, and genital areas with fists andnightsticks, use of electric shocks, and verbal intimidation.In late November, Ismail Raka, an ethnic Albanian from Kaganikin southeast Kosovo, died while in police custody. His familywas told he had committed suicide by jumping from a fifth-floorwindow; photographs of his body show evidence of torture andsevere beatings. Sabit Vllahia died in Podujevo in earlyDecember, and Hasan Cubolli, age 81, died in Podujevo onDecember 27 while being held by the Serbian police.The use of excessive force in Kosovo and Sandzak was bothroutine and capricious. Police allegedly beat Sylejman Bytuqiwhen they raided his home in Malisheva and found anunregistered gun. Four days later, local police severely beatMustafe Rukovci in Gnjilane after failing to uncover anyweapons in a search of his home. Serbian police beat andharassed the family members of suspected political activists orthose they believed to be in possession of illegal weapons.Apparently confident there would be no reprisals, police oftenbeat their victims in public view or in front of theirfamilies. On February 21, police reportedly searched the houseof Ibrahim Havoli, an ethnic Albanian, and, because Havoli wasnot at home, beat his brother. Amnesty International reportedthat 2 days later, 40 police officers searched the home ofShemsi Gashi in Pristina, brutally beating him, his 2 sons, and2 guests in front of the rest of the family. In Pec, policetook an ethnic Albanian secondary student off a school bus inApril, beat him, and carved Serbian nationalist symbols intohis chest.Police allegedly told one beaten man that they would dropcriminal charges against him if he signed a statement saying hehad not been beaten. They warned another one that he wouldhave trouble with notorious paramilitary leaders Zeljko "Arkan"Raznjatovic and Vojislav Seselj if he talked. In May police inKosovo stopped two men for no apparent reason as they drovetheir children to school and beat them so severely they werehospitalized for 3 days. When it turned out that the men wereethnic Serbs, officials at all levels demanded that proceedingsbe started against the police.Prior to 1994, the Government of Montenegro had generallydisplayed more tolerance toward its ethnic minorities than hadits Serbian counterpart. In February and March, however,Montenegrin police beat and tortured 25 Sandzak Muslims activein the Party of Democratic Action (SDA) whom they had arrestedon a variety of weapons charges. According to defense lawyers,Harun Hadzic was beaten for 48 hours without a break, givenelectric shocks, and forced to wear a painfully hot asbestoscap. Police beat Hadzic and the other victims with truncheons,making them count the number of blows out loud, tied them toradiators, deprived them of food, water, and sleep, andthreatened to kill them. Police allegedly forced a truncheonfirst into Avdea Ciguljin's anus and then into his mouth.Sandzak Muslim political leaders and human rights activistsbelieved the beatings were aimed at creating a climate of fearin the Muslim community to destroy the SDA and ultimately alterthe demographic balance in the region by causing Muslims toflee.In the Sandzak region, Serbian authorities were similarlyabusive. The Humanitarian Law Fund (HLF), a Belgrade-basedhuman rights organization, documented numerous instances inwhich local authorities used torture and physical abuse duringa series of massive house-to-house searches carried out inPrijepolje between January 27 and February 17. Many of thosebeaten singled out district chief Mileta Novakovic as havingbeen particularly brutal. Some beatings were clearlypolitically motivated. One victim told an HLF representativethat his interrogation began with a berating for his politicalactivities followed by a severe beating. Fadil Osmanovic, ateacher and vice president of the SDA in Berane, committedsuicide after being tortured at a police station and ordered toreport to the police again. In May police beat Mustafa Dzigalin a Novi Pazar prison after questioning him about his contactswith CSCE representatives.Nearly 100 Kosovar Albanians and Sandzak Muslims have beenconvicted over the past 2 years and are serving prison terms onthe unsubstantiated grounds of conspiring to undermine theintegrity of the State. Insofar as the real grounds for thesecharges appear to have been that these persons were active inethnic Albanian and Sandzak Muslim political parties, they maybe said to have been prosecuted for their political associationsrather than for criminal activity. d. Arbitrary Arrest, Detention, or ExileFederal law permits police to detain suspects without a warrantand hold them incommunicado for up to 3 days without chargingthem or granting them access to an attorney. After thisperiod, police must turn a suspect over to an investigativejudge, who may order a 30-day extension and, under certainlegal procedures, subsequent extensions of investigativedetention up to 6 months. Police routinely held suspects wellbeyond the 3-day statutory period. It is generally during thisinitial period that detainees experience the worst treatmentand abuse. During investigative detention, detaineestheoretically have access to legal counsel, although inpractice access is only occasionally granted.Defense lawyers in Kosovo and Sandzak have filed numerouscomplaints about flagrant breaches of standard procedure whichthey believed undermined their clients' rights. The courtsignored those complaints. In November and December, policebegan a massive roundup of some 200 ethnic Albanian formermembers of police and security forces in Kosovo. Lawyersreported that most of those detained were subjected to harshbeatings and electric shock torture, held longer than the lawpermits before charges were brought, and subjected to morebeatings after appearing in court.A group of 25 Montenegrin Sandzak Muslims arrested betweenJanuary 26 and March 20, most of them active in the SDA, wereheld without charge for longer than the law allows. They werenot allowed to contact defense lawyers until February 8, whenthe high court in Bijelo Polje, Montenegro, overturned a rulingby the investigative judge that suspended their right tocounsel. In the interim, police interrogated the defendants inthe absence of their lawyers and, after subjecting them tobrutal physical torture including the use of cattle prods,obtained incriminating statements from them. In June theMontenegrin investigative judge widened the scope of theinvestigation to include another 12 suspects, further delayingthe trial date. On December 28, 21 defendants were sentencedto prison terms ranging from 2 to 7 years for "attempting toundermine the territorial integrity of the State." The head ofthe Party of Democratic Action (SDA) in Montenegro, HajrunHadzic, received the stiffest sentence of 7 years, to beginimmediately rather than after the appeals process.Defense lawyers and human rights workers have also complainedof excessive delays in filing formal charges and openinginvestigations. The ability of the defense to challenge thelegal basis of their clients' detention was further hampered bythe difficulty they encountered in gaining access to copies ofthe official indictment and the decision to remand the defendantinto custody. In some cases, prosecutors have failed to sharematerial evidence with the defense in a timely fashion, andjudges have prevented defense attorneys from reading the courtfile. The investigative judges, formally responsible for everyaspect of the investigation, often delegate most or allresponsibility to the police or state security service.Although this is allowed under law, the free hand given to thepolice often reduced the role of the investigative judge to oneof pure formalism. Defense lawyers frequently complained ofdifficulty in gaining access to their clients, even duringquestioning by the investigative judge, a restriction rarelyplaced on public prosecutors.In a country where the majority of ethnic Serbs are armed,police selectively enforce the laws regulating the possessionand registration of firearms so as to harass and intimidateethnic minorities. Serbs are rarely, if ever, charged withsimilar crimes although they are equally well armed, generallywith illegal or unregistered weapons. An exception occurred inSeptember when Serbian President Milosevic moved againstmembers of the ultranationalist Serbian Radical Party (SRS).One SRS parliamentary deputy, Vakic, was stripped of hisparliamentary immunity for illegal possession of explosives andautomatic weapons.Often, police in Sandzak and Kosovo simply order a member of anethnic minority to turn in a certain weapon and a specifiednumber of bullets within a set time, on threat of detention ortorture. The victim, if not in possession of a weapon, isgenerally forced to purchase one on the black market in orderto turn it in to the police. Police do not similarly harassethnic Serbs, and despite high crime rates arrests of Serbs forpossession of illegal weapons are rare.In January Serbian police arrested Rivzat Halilovic, leader ofa faction of the Macedonian Party of Democratic Action while hewas in Serbia, on highly suspect charges of espionage. The"secret maps" that he was accused of handing over to Pakistaniagents could be purchased at any Belgrade book store.In Kosovo, Serbian police continued a policy of frequent,arbitrary detention of political activists. Following aconcert in Urosevac commemorating the death of 5 ethnicAlbanians in violent clashes with police, Serbian authoritiesordered the arrest of some 40 of those present, includingprominent members of several local branches of the DemocraticLeague of Kosovo (LDK). The police allegedly beat them in thecourse of interrogation. The arrests were designed strictly tointimidate 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 ofSerbian Krajina" (RSK), from a busy street in downtownBelgrade. The night before his disappearance, he gave aninterview to independent television Studio B highly critical ofthe Yugoslav army. Five days after he disappeared,representatives of the RSK "interior ministry" admitted toholding Dzakula in Glina prison on charges of espionage. ABelgrade-based human rights lawyer claimed that Serbian police,working closely with the RSK state security service, kidnapedDzakula and "extradited" him to the "RSK" without allowing himto defend himself. Although the territory of the "RSK" isinternationally recognized as a part of Croatia, Dzakula wascharged with a crime under the "FRY" Criminal Code.Exile is neither legally permitted nor routinely practiced. Nospecific instances of the imposition of exile as a form ofjudicial punishment are known to have occurred. e. Denial of Fair Public TrialThe authorities frequently deny this right to non-Serbs and topersons they believe oppose the regime (see below).The court system comprises local, district, and supreme courtsat the republic level, and a Federal Supreme Court to whichrepublic Supreme Court decisions may be appealed. There isalso a military court system. According to the FederalConstitution, the Federal Constitutional Court rules on theconstitutionality of laws and regulations, relying on therepublic authorities to enforce its rulings. The FederalCriminal Code of the former Socialist Federal Republic ofYugoslavia still applies.Under federal law, defendants have the right to be present attheir trials and to have an attorney, at public expense ifneeded. Both the defendant and the prosecutor may appeal theverdict.Article 116 of the Yugoslav Criminal Code, which allows forsentences of up to 10 years for "undermining the territorialintegrity of the Federal Republic of Yugoslavia," is often usedselectively to convict Kosovar Albanians and Sandzak Muslims onflimsy or circumstantial evidence. In February Kosovo districtcourts sentenced more than 30 ethnic Albanians to terms rangingfrom 1 to 10 years under Article 116 for allegedly organizing"illegal defense forces" under an independent Republic ofKosovo. According to Amnesty International, defense lawyerscomplained that statements taken during interrogation--andsubsequently used in prosecuting the Kosovar Albanians--weresolicited under severe physical and psychological pressures.Delays and seemingly arbitrary changes in the charges similarlymarred the ongoing trial of another group of 25 Muslimpolitical activists on weapons charges in Novi Pazar, Serbia.Defense lawyers did not deny that their clients were inpossession of illegal arms but maintained that the laws werebeing selectively enforced and used as a means of intimidatingthe Sandzak Muslim community. The trial ended in a conviction,but the original weapons charges were suddenly changed to themore serious criminal charge of attempting to undermine theterritorial integrity of the State. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceFederal law gives republic ministries of the interior solecontrol over the decision to monitor potential criminalactivities, a power routinely abused. Authorities regularlymonitored opposition and dissident activity, eavesdropped onconversations, read mail, and tapped telephones. In Decemberhuman rights advocates objected to an announcement by theFederal post office that it had been registering all mail fromabroad, ostensibly to protect mail carriers from charges oftheft.Although the law includes restrictions on searches, officialsoften ignored such restrictions. In Kosovo and Sandzak, policesystematically subjected ethnic Albanians to random searches oftheir homes, vehicles, and offices, asserting they weresearching for weapons. The CDHRF reported that in the first 3months of 1994 police searched over 1,000 Kosovar Albanianhomes, often physically abusing the inhabitants.As an example of such methods, on a typical day in Kosovo (July22), police raided Hetmen and Nezir Makolli's Pristina home andseized a licensed hunting rifle, searched the home of HysenHasani and his sons in Lipljan, and raided the home of HasanFetaj in Suva Reka, threatening to draft him into the Yugoslavarmy. Similar scenes were repeated thousands of times inKosovo and Sandzak.In January and February, police conducted a series of massivehouse-to-house searches in Prijepolje (Sandzak). Police alsoroutinely stopped private vehicles in Kosovo and Sandzak andsearched them and the passengers without probable cause.Authorities often confiscated foreign currency from drivers andpassengers, although it is not illegal to possess foreigncurrency. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsThe Government's decision to close the border with Bosnia inAugust, exempting only food, clothing, and medicine, was animplicit acknowledgement of the support it has provided to theBosnian Serbs and their policy of ethnic cleansing since thebeginning of the Bosnian war. (See the report on Bosnia andHerzegovina for an account of excessive force and violations ofhumanitarian law which the Milosevic regime consistently aidedand abetted.) There were numerous credible reports of Yugoslavarmy units operating in eastern Bosnia as "volunteers."Following the downing of four Galeb-type planes by NATO forcesin February, an obituary of one of the pilots appeared in themajor Serbian daily Politika. Although Serbian authoritiesofficially denied any involvement in the incident, the obituaryannounced that the pilot, a Montenegrin citizen, died fightingfor his country--"Greater Serbia."In Serbia itself, authorities frequently subjected members ofethnic minorities to intimidation, with the goal of provokingtheir emigration. Ethnic Albanians and Muslims were severelypunished for even the slightest violation of laws that wereselectively enforced by Serbian police and judicialauthorities. Harassment and intimidation of ethnic Croats inthe multiethnic province of Vojvodina continued. Documentedincidents of harassment and intimidation of ethnic minoritiesin Vojvodina were at lower levels compared with previous years,but the official statistics provided little comfort to thosewho still retain bitter memories of forced conscription andphysical abuse from the recent past. While overt forms ofharassment were down, ethnic Croats and Hungarians complainedabout more subtle forms of abuse, including alleged plans bythe Serbian government to alter the ethnic composition ofcommunities by forcibly resettling Bosnian and Croatian Serbrefugees. In February a self-described "Chetnik" held SinisaVidakovic at gunpoint and threatened to kill him if he and hisfamily did not move out of town. In Sremska Kamenica on May 7,an unknown person threw several crude, home-made bombs at theresidences of local Croats. A similar bomb exploded in frontof the Franciscan church in Subotica in June. Localauthorities did little to investigate the incidents.Although Serbian authorities prosecuted one former paramilitaryleader for crimes committed in Bosnia and claimed to be aboutto charge others, many other known and suspected war criminalswere never the targets of a formal investigation. Someindividuals suspected of criminal activity connected to theconflict in Bosnia and the earlier war with Croatia holdprominent positions in the Serbian, Montenegrin, or "FRY"governments. Other suspected war criminals serve as members ofParliament.</text>
</content>
<name>Serbia and Montenegro </name>
<script></script>
</card>
card_62067.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SENEGAL HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SENEGALSenegal 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom From: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere were no reports of politically motivated disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere 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 ExileAlthough 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 TrialThe 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 CorrespondenceThe 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 PressWhile 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 AssociationThe 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 ReligionSenegal 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 RepatriationThe 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 GovernmentSenegalese 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 RightsThere 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 StatusThe 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. WomenDespite 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. ChildrenThe 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 andChildren.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 DisabilitiesThere 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 AssociationAll 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 CollectivelyUnions 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 LaborThere were no reports of forced labor, and it is prohibited by law. d. Minimum Age for Employment of ChildrenThe 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 WorkLegislation 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.</text>
</content>
<name>Senegal </name>
<script></script>
</card>
card_61923.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SAUDI ARABIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995In April the Government revoked the citizenship of Osama BinLaden, a wealthy citizen known to support Islamic terroristgroups, for refusing to return from abroad to answer chargesconcerning his activities. The Interior Ministry issued astatement that Bin Laden "contradicted the Kingdom's interestand harmed its relations with sisterly countries." After hiscitizenship was revoked, Bin Laden was banned from reenteringthe Kingdom.Article 42 of the 1992 Basic Law provides that "the State willgrant political asylum if the public interest mitigates" infavor of it. The language does not specify clear rules foradjudicating asylum cases. In general, the authorities regardrefugees and displaced persons like other foreign workers:they must have sponsors for employment or risk expulsion at theborder.After the Gulf War, the Government granted refuge to 35,000Iraqi civilians and former prisoners of war. At year's end,16,000 have been resettled in third countries or werevoluntarily repatriated to Iraq. Most of the remaining 18,400refugees are restricted to the Rafha Refugee Camp. In 1993Human Rights Watch reported that refugees were forciblyrepatriated to Iraq after staging a riot at the Rafha camp.However, the UNHCR has monitored over 2,450 refugeesvoluntarily returning to Iraq since 1991 and found no evidenceof forcible repatriations in 1993 or 1994.The Government has temporarily allowed some foreigners toremain in Saudi Arabia in cases where their safety would bejeopardized if they were deported to their home countries. Theauthorities also worked with the UNHCR to repatriate severalhundred southern Yemeni refugees after the end of the Yemencivil war.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens do not have the right to change their government.There are no formal democratic institutions, and only a fewcitizens have a voice in the choice of leaders or in changingthe political system. The King rules in matters civil andreligious, within certain limitations established by religiouslaw, tradition, and the need to maintain consensus among theruling family and religious leaders.The King is also the Prime Minister, and the Crown Princeserves as first deputy Prime Minister. The King appoints allother ministers, who in turn appoint subordinate officials withCabinet concurrence.In 1993 the King appointed 60 members to a ConsultativeCouncil, or Majlis Ash-Shura. It is an advisory body only. Itbegan to hold sessions in 1994, but it has not publicized itswork in detail.The Council of Senior Islamic Scholars is another advisory bodyto the King and the Cabinet. It issues decisions based onShari'a law supporting the Government's public policies. TheGovernment uses the Council as an important source of religiouslegitimacy.Communication between citizens and the Government is usuallyexpressed through client-patron relationships and by affinitygroups such as tribes, families, and professional hierarchies.The open-door audience, or majlis, is the primary forum forexpressing an opinion or grievance. Any male citizen orforeign national may attend these sessions held by the King,princes, or important national and local officials.Participation by women is restricted, although some women seekredress through female members of the royal family.As governmental functions have become more complex,time-consuming, and centralized, public access to seniorofficials has become more difficult. After the assassinationof King Faisal in 1975, Saudi kings have reduced the frequencyof their personal contacts with the public. Access to KingFahd by ordinary citizens is difficult, in part due to strictsecurity measures.Typical topics raised in a majlis are complaints aboutbureaucratic delay or insensitivity, requests for redress orassistance, and criticism of particular acts of governmentaffecting personal or family welfare. Broader "political"concerns--Saudi social, economic, or foreign policy--are raisedonly occasionally.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere are no publicly active human rights groups, and nonecritical of government policies would be permitted. TheGovernment acted quickly to repress the CDLR following theannouncement of its formation in 1993 (see Section 2.a.).The Government does not permit visits by international humanrights groups, any visits to prisoners by independent monitors,nor has it signed major international human rights treaties andconventions. The Government disagrees with internationallyaccepted definitions of human rights and views Islamic law asthe only necessary guide to protect human rights.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenBy religious law and social custom, women have few politicaland social rights, and are not treated as equal members ofsociety. Women, including foreigners, may not legally drivemotor vehicles or ride bicycles and are restricted in their useof public facilities when men are present. Women must entercity buses by separate rear entrances and sit in speciallydesignated sections. Women risk arrest by the Mutawwa'in forriding alone in a vehicle driven by a male who is not anemployee or a close male relative. By law and custom, womenmay not undertake domestic or foreign travel alone (see Section2.d.).In public women are required to wear the abaya, a black garmentcovering the entire body, including the head and face. TheMutawwa'in generally expect women from Arab countries, Asia,and Africa to comply more fully with Saudi customs of dressthan Western women; nonetheless, in recent years they haveincreased pressure on Western women to wear the abaya and covertheir hair.Women are also subject to discrimination in Islamic law whichstipulates that daughters receive half the inheritance awardedto their brothers--reflecting the fact that men have financialobligations 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 lesscommon. Islamic law limits a husband to four wives, providedthat he treats each wife equally. In practice, such equalityis left to the discretion of the husband.Women must demonstrate legally specified grounds for divorce,but men may divorce without giving cause. If divorced orwidowed, a woman normally may keep her children until theyattain the age of 7. Children over 7 are awarded to thedivorced husband. Divorced women who are foreigners are oftenprevented by their former husbands from visiting their childrenafter divorce.Women have access to free, but segregated, education throughthe university level. They constitute 55 percent of alluniversity graduates--but are excluded from studying suchsubjects as engineering, journalism, and architecture. Men areable to study overseas; women may do so if accompanied by aspouse or an immediate male relative.Women make up only 5 percent of the work force. Mostemployment opportunities for women are in education and healthcare, with lesser opportunity in business, philanthropy,banking, retail sales, and the media. Women wishing to enternontraditional fields are subject to arbitrary discrimination.Women may not accept jobs in rural areas if they are requiredto live apart from their families. All workplaces where womenare present are segregated by sex. Contact with malesupervisors or clients is allowed only by telephone orfacsimile machine.Hospital workers report that many women are admitted fortreatment of injuries that apparently result from spousalviolence. "Islamic advice" columns in the press sometimesrecommend the "strict disciplining" of women, an expressionunderstood to encompass some degree of physical force as partof a proper marriage.There were credible reports that some Western women married toSaudis, and their children, have suffered physical abuse fromthe spouse or father. Appropriate embassy officials must seekthe assistance of government officials to intervene in suchcases. The Government does not keep statistics on spousal orother forms of violence against women.Embassies receive many reports that employers abuse foreignwomen working as domestic servants. In general, the Governmentconsiders such cases as family matters and does not interveneunless charges of abuse are brought to its attention. It isalmost impossible for foreign women to obtain redress in thecourts due to the court's strict evidentiary rules and thewomen's own fears of reprisals. Few employers have beenpunished for such abuses. There are no private support groupsor religious associations to which these women could turn forassistance. ChildrenThe Government provides all children with free education andmedical care. Children are highly valued in society, and largefamilies are common. Reports of abuse of children are rare.Children are not subject to the strict social segregation facedby women. Children are segregated by sex in schools startingat age 7. Boys are segregated in social situations at age 12,and girls at the onset of puberty. National/Racial/Ethnic MinoritiesAlthough racial discrimination is illegal, there is substantialsocietal prejudice based on ethnic or national origin. Foreignworkers from Africa and Asia are subject to various forms offormal and informal discrimination and have the most difficultyin obtain justice for their grievances. Religious MinoritiesThe Government is intolerant of the practice of any non-Islamicreligion. It also subjects the Shi'a Muslim minority tostringent religious repression (see Section 2.c.). Shi'acitizens are discriminated against in government andemployment, especially in national security jobs. Severalyears ago the Government subjected Shi'a to employmentrestrictions 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 serviceinfrastructure in predominantly Shi'a areas of the country.Since the Iranian revolution, some Shi'a have been subjectedperiodically to surveillance and limitations on travel abroad.Some Sunni clerics advocate stronger government discriminatorymeasures against Shi'a citizens. People with DisabilitiesTraditionally, disabled individuals were secluded within thefamily, but the provision of government social services hasbrought the disabled into the public. Public awareness andacceptance of the disabled are growing. The Government andprivate charitable organizations cooperate in education,employment, and other services for the disabled. The lawprovides hiring quotas for the disabled. While there is nolegislation for public accessibility, newer commercialbuildings often include such access.Section 6 Worker Rights a. The Right of AssociationGovernment decrees prohibit the establishment of labor unionsand any strike activity. b. The Right to Organize and Bargain CollectivelyCollective bargaining is forbidden. Foreign workers compriseabout half of the work force. Wages are set by employers onthe basis of market forces, but vary according to thenationality of the worker. There are no export processingzones. c. Prohibition of Forced or Compulsory LaborForced labor has been prohibited since 1962 by the royal decreethat abolished slavery. Ratification of the InternationalLabor Organization's (ILO) Conventions 29 and 105, whichprohibit forced labor, has the force of law. However,employers have significant control over the movements offoreign employees, giving rise to situations that might involveforced labor--especially in remote areas where workers areunable to leave their place of work. Sometimes sponsorsprevent foreign workers from obtaining exit visas to pressurethem to sign a new work contract. In another pressure tactic,sponsors may refuse to provide foreign workers with a "letterof no objection" which would allow them to be employed byanother sponsor.The labor laws do not protect domestic servants. There werecredible reports that female domestic servants were sometimesforced to work 12 to 16 hours a day, 7 days a week. There werenumerous confirmed reports of runaway maids. The authoritiesoften returned runaway maids to their employers against themaids' wishes.There have been many reports of workers whose employers haverefused to pay several months, or even years, of accumulatedsalary or other promised benefits. Nondomestic workers withsuch grievances have the right to complain before the laborcourts, but few do so because of fear of deportation. TheGovernment abets the exploitation of foreign workers becausethe system for enforcing work contracts is weak and generallyfavors Saudi employers. d. Minimum Age for Employment of ChildrenThe minimum age for employment is 13 years, which may be waivedby the Ministry of Labor with the consent of the juvenile'sguardian. There is no minimum age for workers employed infamily-operated businesses or in other situations that areconstrued as extensions of the household, e.g., farmers,herdsmen, and domestic servants. Workers in such fields arenot protected by labor regulations. There were reports thatchildren aged 5 to 12 years are used as jockeys in camel racing.Children under age 18 and women may not be employed inhazardous or harmful industries, such as mines or industriesemploying power-operated machinery. While there is no formalgovernment entity charged with enforcing the minimum age foremployment of children, the Ministry of Justice hasjurisdiction and has acted as plaintiff in the few cases thathave arisen against alleged violators. e. Acceptable Conditions of WorkThere is no legal minimum wage. Labor regulations establish a48-hour workweek at regular pay and allow employers to requireup to 12 additional hours of overtime at time-and-a-half pay.Saudi labor law provides for a 24-hour rest period, normallyFridays, although the employer may grant it on another day.Many foreign nationals who have been recruited abroad havecomplained that, after arrival in Saudi Arabia, they werepresented with work contracts specifying lower wages and fewerbenefits than originally promised. Other foreign workers havereportedly signed contracts in their home countries and werelater pressured to sign less favorable contracts afterarrival. Reliable reports indicate that the length of servicecalled for in the original contract is sometimes increasedafter arrival by as much as 3 years. Some employees reportthat at the end of their contract service, their employersrefuse to grant permission to allow them to return home.The ILO has stated that the Government has not formulatedlegislation implementing the ILO Convention on equal pay andthat regulations which segregate work places by sex, and limitvocational programs for women, violate ILO Convention 111.Saudi labor regulations require employers to protect mostworkers from job-related hazards and disease. Workers infamily operated businesses, farmers, herdsmen, and domesticservants are not covered by these regulations. Ministry ofLabor inspectors and the labor courts are seeking, with somesuccess, to enforce the Labor Code, but foreign nationalsreport frequent failures to enforce health and safety standards.</text>
</content>
<name> </name>
<script></script>
</card>
card_61576.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SAUDI ARABIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SAUDI ARABIASaudi Arabia is a monarchy without elected representativeinstitutions or political parties. It is ruled by King Fahdbin Abdul Aziz Al Saud, a descendent of King Abdul Aziz AlSaud, who unified the country in the early 20th century. TheKing and the Crown Prince are chosen from among the maledescendants of King Abdul Aziz. There is no writtenConstitution. The concept of the separation of religion andstate is not accepted by either society or the Government. Thelegitimacy of the Government depends to a large degree on itsperceived adherence to the precepts of a puritanicallyconservative form of Islam. Most Saudis respect the legalsystem, which they believe is divinely inspired. They alsorevere such ancient customs as government by consensus,internal social cohesion, respect for private property, andprivate economic enterprise. The Government disagrees withinternationally accepted definitions of human rights and viewsIslamic law as the only necessary guide to protect human rights.In 1992 King Fahd appointed a Consultative Council, the MajlisAsh-Shura, and similar provincial assemblies. The Councilbegan holding sessions in 1994. The Government does not permitthe establishment of political parties and suppressesopposition views. The legal system is based on the regime'sinterpretation of Shari'a, or Islamic law. Since the death ofKing Abdul Aziz, the King and the Crown Prince have been chosenfrom among his sons, who themselves have had preponderantinfluence in the choice. A 1992 Royal decree reserves for theKing the exclusive power to name the Crown Prince.Police and border forces under the Ministry of Interior areresponsible for internal security. The Mutawwa'in, orvolunteer religious police, are part of the Organization toPrevent Vice and To Promote Virtue, a semi-autonomous agencywhich encourages adherence to Islamic values by monitoringpublic behavior. The Mutawwa'in continued to confront andabuse citizens and foreigners of both sexes. They committedmany abuses during the year. The Mutawwa'in are governmentemployees; however, other citizens sometimes representthemselves 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 urbanizingone characterized by large-scale infrastructure projects, theemergence of a welfare state and a middle class, and millionsof foreign workers. Oil revenues account for one-third of thegross domestic product (GDP) and three-fourths of thegovernment budget. Oil has also enriched members of the royalfamily and their associates. Agriculture accounts for onlyabout 5 percent of GDP. Government spending, includingspending 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 theGovernment is promoting further privatization of the economy.Human rights abuses in 1994 continued. Principal abusesincluded: the torture of prisoners; incommunicado detention;prohibitions or restrictions on the freedoms of speech, press,and religion; systematic discrimination against women; andstrict limitations, and even suppression, of the rights ofworkers and ethnic and religious minorities. There is nomechanism for citizens to change their government. TheGovernment's legitimacy is based on its adherence to theShari'a and upon the consent of the governed, who are obligedto obey the ruler as long as he continues to govern accordingto Islamic law.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere were credible reports that the authorities continued totorture and otherwise abuse detainees, including citizens andforeigners. A common method of torture is beating, especially"fallaqa," which is a beating on the soles of the feet to causeintense pain. The authorities also deprive detainees of sleep.Agents of the Ministry of Interior are allegedly responsiblefor most incidents of abuse. The Government's failure toannounce the punishment of human rights abusers has contributedto a public perception that abuses can be committed withimpunity.The Mutawwa'in were also responsible for abuse. In May theyarrested 19 expatriate workers from the United States, Egypt,Canada, Ireland, and Venezuela after they departed a party at aprivate home. The Mutawwa'in reportedly beat an Egyptian and aVenezuelan man, ripped off the outer clothing of an Egyptianwoman, and severely beat an American woman, ramming her head ona car door, resulting in serious injury to her face and oneeye. Following diplomatic protests, the Government indicatedprivately that it had conducted a high-level investigation andthat "very strong measures had been taken" against theMutawwa'in involved. However, government officials did notspecify what actions were taken and did not make a publicreport on the incident.In April, after CDLR spokesman Mohamed Al-Mas'ari fled theKingdom, security forces arrested several members andsympathizers of the Committee for the Defense of LegitimateRights (CDLR) (see Sections 1.d. and 2.a.). Security officialsreportedly tortured these detainees after their arrest. Inaccordance with standard practice, the Government did notcomment on the allegations. Al-Mas'ari reported that he wastortured during 6 months of detention in 1993.While regular access to detention facilities by impartialobservers is rare, representatives of the U.N. HighCommissioner for Refugees (UNHCR) visited detention campsholding Gulf War refugees. In 1993 during her visit to theRafha refugee camp at the invitation of the Government, U.N.High Commissioner for Refugees Ogata praised the Government'scontributions to the refugees' welfare.In May Amnesty International (AI) published a report containingallegations that guards tortured and beat refugees at the Rafhacamp. However, reliable sources indicate that the allegationswere inaccurate and exaggerated. Many of the incidents citedin the AI report allegedly occurred between 1991 and 1993.Sources from UNHCR and the International Committee of the RedCross (ICRC) confirmed some of those incidents and reportedthat authorities promptly removed the guards responsible forabuses. The sources also maintain that documented cases ofabuse of refugees by guards dropped significantly during thatperiod.The Government rigorously observes the criminal punishmentsaccording to its interpretation of Islamic Law, includingamputation for repeated theft and execution by beheading andstoning. In 1994 the authorities beheaded 59 of the 60 personsconvicted for drug trafficking, rape, and murder. They imposeexecution by firing squad for women convicted of capitaloffenses; there was one such execution in 1994. The number ofexecutions, which had risen in recent years because of drugtrafficking, was down from 85 in 1993.The authorities punish repeated thievery by amputation of theright hand. In 1994 they imposed this punishment on 5 Sudaneseand a Pakistani. For less serious crimes, such as drunkennessor publicly flouting Islamic precepts, the authorities oftenimpose flogging with a cane. d. Arbitrary Arrest, Detention, or ExileThe law prohibits arbitrary arrest, but there are few policeprocedures to safeguard against abuse. Arresting officers havebroad discretion to determine the grounds for arrest andfrequently set their own standards for the rights ofdetainees. A person may be detained without charge during theinvestigation of a crime, a period that may last weeks ormonths. In many cases, the authorities do not inform detaineesof the charges against them. The authorities detain mostsuspects for no longer than 3 days before charging them buthave detained others for long periods before charging orreleasing them.The Mutawwa'in have the authority to detain people for no morethan 24 hours for violations of behavior standards. However,they sometimes exceed this limit before delivering detainees tothe regular police (see Section 1.f.). Current proceduresrequire a police officer to accompany the Mutawwa'in before thelatter makes an arrest. Recently, the Mutawwa'in have beenless active in harassing individuals.In 1993 the King established an office of investigation andpublic prosecution. Accordingly, only the public prosecutor isauthorized to conduct criminal investigations, a powerpreviously shared by several government agencies. At year'send, however, the public prosecutor's office was not fullyoperational.There is no established procedure providing detainees the rightto inform their family of their arrest. The law has noprovision for bail or habeas corpus. Detainees are sometimesreleased on the recognizance of a patron or sponsoringemployer. If asked, the authorities usually confirm an arrestof foreign residents. In general, however, embassies learnabout such arrests through informal channels. The authoritiesmay take as long as several months to provide officialnotification 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 initialphase of an investigation, which may last weeks or months. TheGDI allows the detainees only limited contact with theirfamilies or lawyers.The authorities often detain without charges people whopublicly criticize the Government or they charge them withattempting to destabilize the Government (see Sections 2.a.and 3). In April and May, the Government detained 15 to 20members or supporters of the CDLR, including relatives of CDLRspokesman 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 inisolation for 3 weeks, reportedly beat him duringinterrogation, and deported him after release. The authoritiesdid not respond to repeated diplomatic requests for access by aconsular officer or for information about the charges.The authorities also arrested Salman Al-Awdah and SafarAl-Hawali, Muslim clerics who had publicly criticized theGovernment. Their detention sparked protest demonstrations byhundreds of individuals demanding their release. In Septemberand October, the authorities arrested 157 people for engagingin demonstrations or other antigovernment activities. TheGovernment released 130 of the detainees on October 16, afterthey pledged not to repeat their actions. At year's end, theremaining 27 persons remained in detention pendinginvestigations. e. Denial of Fair Public TrialThe judicial system is based on Islamic law, or Shari'a.Regular Shari'a courts exercise jurisdiction over commoncriminal cases and civil suits regarding marriage, divorce,child custody, and inheritance. Other civil proceedings,including those involving claims against the Government andenforcement of foreign judgments, are held before specializedadministrative tribunals, such as the Commission for theSettlement of Labor Disputes and the Board of Grievances.Aside from the Koran and Sunna, which are the authenticatedsayings of the Prophet Mohamed, there are no written laws orprecedents by which the Shari'a courts make judgments. TheGovernment permits Shi'a Muslims to use their own legaltradition to adjudicate only noncriminal cases within theircommunity.The Ministry of Justice is responsible for the appointment,transfer, and promotion of Shari'a court judges. Only theSupreme Judicial Council, a body of senior jurists, maydiscipline or remove judges. The independence of the judiciaryis prescribed by law and is usually respected in practice,although judges occasionally accede to the influence of membersof the royal family and their associates. At the provinciallevel, governors have reportedly threatened, and even detained,judges over disagreements on their decisions. In general, thepublic perceives members of the royal family, and otherpowerful families, as not subject to the same rule of law asordinary citizens. For example, judges do not have the powerto issue a warrant summoning any member of the royal family.The luggage of princes and other influential persons is notsubject 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'astandards. Defense lawyers may offer their client advicebefore trial or may attend the trial as interpreters for thoseunfamiliar with Arabic. The courts do not provide foreigndefendants with translators. There is no licensing procedurefor lawyers. Individuals may choose any person to representthem by a "power of attorney" filed with the court and Ministryof Justice. Most trials are closed.In the absence of two witnesses, or four witnesses in the caseof adultery, confessions before a judge are almost alwaysrequired for criminal conviction--a situation which opens thepossibility that prosecuting authorities may seek to obtainforced confessions. Sentencing is not uniform and may varyaccording to the nationality of the defendant. Under Shari'alaw, as interpreted and applied in Saudi Arabia, crimes againstMuslims receive harsher penalties than those againstnon-Muslims. In the case of wrongful death, the amount ofindemnity or "blood money" awarded to relatives varies with thenationality, religion, and sex of the victim. A sentence maybe changed at any stage of review, except for punishmentsstipulated by the Koran. Provincial governors have theauthority to exercise leniency and reduce a judge's sentence.Appeals are automatically reviewed by a three-judge panel atthe Ministry of Justice or, in more serious cases, by the Courtof Cassation and the Supreme Judicial Council. The reviews areconducted to ensure that the trial judge applied appropriatelegal principles and punishments.The King and his advisors review cases involving capitalpunishment to ensure that the court applied the proper legaland Islamic principles. The King has the authority to grantpardons and commute death sentences, but he does not have theauthority to pardon capital crimes committed againstindividuals. In such cases, he may request the victim's nextof kin to pardon the murderer--usually in return forcompensation from the family or the King.The military justice system has jurisdiction over uniformedpersonnel and civil servants charged with violations ofmilitary regulations. Court-martial decisions are reviewed bythe Minister of Defense and Aviation and by the King.There is insufficient information to determine the number ofpolitical prisoners because the Government does not provideinformation on such persons or respond to inquiries aboutthem. Moreover, the Government conducts closed trials forpersons who may be political prisoners and in other cases hasdetained persons incommunicado for long periods while underinvestigation. At year's end, the Government detained anestimated 15 to 20 people for their alleged connections withthe CDRL, and 27 others for their alleged participation indemonstrations protesting the detention of two fundamentalistShaykhs. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe sanctity of family life and the inviolability of the homeare among the most fundamental of Islamic precepts. Royaldecrees announced in 1992 include provisions calling for theGovernment to defend the home from unlawful incursions.The police must generally demonstrate reasonable cause andobtain permission from the provincial governor before searchinga private home, but warrants are not required. However, someMutawwa'in continued to enter homes forcibly, searching forevidence of un-Islamic behavior, and to harass and abuseperceived transgressors.Customs officials routinely open mail for contraband, includingmaterial deemed pornographic as well as non-Muslim religiousmaterial. They regularly confiscate materials deemedoffensive. The authorities use informants, wiretaps, and openmail in internal security matters. Government officialsreportedly wiretapped the telephone conversations of CDLRspokesman Al-Mas'ari with foreign journalists and human rightsorganizations.The Government enforces most social and Islamic religiousnorms, which are matters of law (see Section 5). Women may notmarry non-Saudis without government permission. Although womenare prohibited from marrying non-Muslims, men have the right tomarry Christians and Jews. Men must obtain approval from theMinistry of Interior to marry women from countries outside thesix states of the Gulf Cooperation Council.Both citizens and foreigners were targets of harassment bymembers of the Mutawwa'in--and even by religious vigilantesacting independently of the Mutawwa'in. The Government has notcondemned the actions of religious vigilantes or sought todisband such groups.The Mutawwa'in continued to press for enforcement of theirstrict standards of social behavior, including the closure ofcommercial establishments during the daily prayer observances,appropriate dress in public, and avoidance of video tape rentalshops. They harassed Saudi and foreign women for failure toobserve strict dress codes, and for being in the company ofmales who are not their close relatives. They also harassednon-Muslims attempting to conduct religious services (seeSection 2.c.).Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe law severely limits the freedom of speech and press. Theauthorities do not countenance criticism of Islam, the rulingfamily, or the Government.In 1994 CDLR spokesman Al-Mas'ari secretly fled to the UnitedKingdom (UK), where he sought political asylum and establishedan overseas branch of the CDLR (see Sections 1.c. and 1.d.).Established in 1993 by six citizens, the CDLR criticizes theGovernment's human rights record from the perspective ofIslamic principles and advocates stricter adherence to Islamicprinciples by the Royal family and the Government. After theCDLR criticized the Government in the international press in1993, security forces detained 38 of its members, includingAl-Mas'ari, confiscated their passports, and forbade them totravel or speak publicly. The authorities dismissed severalfounding members from their government jobs. They subsequentlyreleased the detainees after they signed statements promisingnot to discuss the Government's policies or communicate withanyone outside the country by telephone or facsimile machine.Al-Mas'ari was released in November 1993 after spending 6months in detention.In the UK, Al-Mas'ari continued to disseminate tracts criticalof the Government, particularly of King Fahd, Interior MinisterPrince Naif, and Riyadh Governor Prince Salman. His publicizedviews have expressed opposition to peace with Israel and toSaudi support for the peace process. After Al-Mas'ari fled,security forces arrested 15 to 20 of his relatives andsupporters. In late 1994, the Government released several ofthese detainees, including Dr. Fouad Dehlawi; Mas'ari'sbrother, Lu'ay al-Mas'ari; and Mas'ari's brothers-in law,Rashad and Nabil al-Mudarris. Others remain in custody. TheGovernment has not publicly acknowledged any of thesedetentions.In mid-September, Interior Ministry authorities arrested twoMuslim clerics and critics of the Government, Salman Al-Awdahand Safar Al-Hawali, for violating a government orderprohibiting them from delivering lectures or sermons criticalof the Government. In 1993 Al-Awdah and Al-Hawali reportedlyhad refused to sign a statement acknowledging the order.Ministry of Interior officials claimed that they detainedAl-Awdah and Al-Hawali to safeguard the security and stabilityof the nation. At year's end, the clerics were still indetention (see Section 1.d.).In August the United States granted asylum to MohamedAl-Khilewi, a Saudi diplomat assigned to the United Nations inNew York City. Al-Khilewi claimed that he feared for his lifeif he returned to Saudi Arabia because he had written a letterto the royal family and to a Saudi religious leader alleginghuman rights abuses, official corruption, and official supportfor terrorist groups. The Government has said that Al-Khilewiwould not face retribution if he returned.The press is privately owned, but a 1982 media policy statementand a 1965 national security law prohibit the dissemination ofcriticism of the Government. The media policy statement urgesjournalists to uphold Islam, oppose atheism, promote Arabinterests, and preserve the cultural heritage of Saudi Arabia.The Ministry of Information appoints, and may remove, theeditors in chief. It also provides guidelines to newspapers oncontroversial issues. The Government owns the Saudi PressAgency, which expresses official government views.Newspapers publish domestic news on sensitive subjects, such ascrime or terrorism, only after the authorities arrest andsentence the perpetrators. The Government suppresses any newsregarded as a threat to national security. The press reportsforeign news objectively, but the authorities censor storiesabout the Kingdom in the foreign press. Censors may remove orblacken the offending articles, or prevent certain issues offoreign publications from entering the market. The Governmenttightly restricts the entry of foreign journalists into theKingdom.The Government owns and operates the television and radiocompanies. Government censors review foreign programs andsongs, often removing any reference to politics, religionsother than Islam, pork or pigs, alcohol, or sexual innuendo.There are 100,000 to 200,000 satellite receiving dishes in theKingdom which provide citizens with foreign broadcasts. Thelegal status of these devices is ambiguous. The Governmentordered a halt to the import of satellite dishes in 1992--atthe request of religious leaders who objected to foreignprogramming available on satellite channels. In March theGovernment banned the installation of dishes and supportingdevices. However, consumers continued to buy and install thedishes.Academic freedom is restricted. The authorities prohibit thestudy of evolution, Freud, Marx, music, and Westernphilosophy. Some professors believe that Government andconservative religious informers monitor their classroomcomments.The Government censors all forms of public artisticexpression. The authorities prohibit cinemas and publicmusical or theater performances, except those that are strictlyfolkloric. b. Freedom of Peaceful Assembly and AssociationThe Government strictly limits these freedoms. It prohibitspublic demonstrations as a means of political expression andthe establishment of political parties or any type ofopposition group (see Section 3). By its power to licenseassociations, the Government ensures that groups conform topublic policy.Public meetings are segregated by sex. Unless meetings aresponsored by diplomatic missions, foreign residents seeking tohold unsegregated meetings risk arrest and deportation.The authorities monitor any large gathering of people,especially of women. In January the Government closed allhealth clubs, but several months later the clubs reopened formale patrons only. Health clubs for women remain closed. TheGovernment has not explained why the clubs have been closed towomen.In February the Mutawwa'in closed a proposed cultural programfor Saudi and expatriate women. The Mutawwa'in indicated thata public gathering featuring a fashion show and dancing was notan appropriate activity for women. c. Freedom of ReligionFreedom of religion does not exist. Islam is the officialreligion, and all citizens must be Muslims. The Governmentprohibits the practice of other religions according to aninjunction attributed to the Prophet Mohammed. Conversion by aMuslim to another religion is considered apostasy. Publicapostasy 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 Wahabisect's interpretation of the Hanbali school of Sunni Islamicjurisprudence. Practices contrary to this interpretation, suchas visits to the graves of renowned Muslims or public prayersaccording to Shi'a Islam, are discouraged.The Shi'a Muslim minority of 500,000 persons lives mostly inthe Eastern Province. They are the objects of officiallysanctioned social and economic discrimination (see Section 5).Prior to 1990, the Government prohibited Shi'ite publicprocessions during the Islamic month of Muharram and restrictedother processions and congregations to designated areas in themajor Shi'ite cities. Since 1990, the authorities havepermitted marches on the Shi'a holiday of Ashura, provided themarchers do not display banners or engage inself-flagellation. Only 1 of the 60 members of the MajlisAsh-Shura is a Shi'a.The Government seldom permits private construction of Shi'itemosques, and the Shi'a have refused government offers to buildstate-supported mosques, because Shi'ite motifs would beprohibited in them.The Government does not permit public or private non-Muslimreligious activities. Persons wearing religious symbols of anykind in public risk confrontation with the Mutawwa'in. Thegeneral prohibition against religious symbols applies also toMuslims. A Muslim wearing a Koranic necklace in public wouldbe admonished. Non-Muslim worshippers risk arrest anddeportation for engaging in any religious activity thatattracts official attention. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Government restricts the travel of Saudi and non-Saudiwomen. Women must obtain written permission from their closestmale relative before the authorities will allow them to boardpublic transportation between different parts of the country ortravel abroad (see Section 5). Males may travel anywherewithin the country.The Government requires foreign residents to carryidentification cards. It does not permit foreigners to traveloutside the city of their employment or change their workplacewithout their sponsor's permission. Foreign residents whotravel in the Kingdom are often asked by the authorities toshow they possess letters of permission from their employers.Foreign workers must also obtain permission from their sponsorsto travel abroad. Sponsors generally retain possession of theworkers' passports. If sponsors are involved in a commercialor labor dispute with foreign employees, they may ask theauthorities to prohibit the employees from departing thecountry until the dispute is resolved. Some sponsors use thispressure tactic to resolve disputes in their favor--or to haveforeign employees deported.The Government seizes the passports of all potential suspectsand witnesses in criminal cases, and suspends the issuance ofexit visas to them, until the case is tried. As a result, someforeign nationals are forced to remain in the Kingdom forlengthy periods against their will. The authorities sometimesconfiscate the passports of suspected subversives. TheGovernment prevents Shi'a Muslims believed to have pro-Iraniansympathies from traveling abroad.Citizens may emigrate, but the law prohibits dual citizenship.There are no provisions for long-term foreign residents toacquire citizenship. However, foreigners are grantedcitizenship in rare cases, generally through the advocacy of aninfluential patron.</text>
</content>
<name>Saudi Arabia </name>
<script></script>
</card>
card_61322.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SAO TOME AND PRINCIPE HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SAO TOME AND PRINCIPEThe 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe 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 ReligionThe 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 RepatriationUnder 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 GovernmentCitizens 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 RightsA 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 StatusThe Constitution provides that all citizens, regardless of sex, race, racial origin, political tendency, creed or philosophic conviction, are equal under the law. WomenThe 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. ChildrenA 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 DisabilitiesThe law does not mandate accessibility for persons with disabilities.Section 6 Worker Rights a. The Right of AssociationThe 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 CollectivelyThe 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 LaborThe law prohibits forced or compulsory labor and it is not practiced. d. Minimum Age for Employment of ChildrenEmployers 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 WorkWorking 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.</text>
</content>
<name>Sao Tome and Principe </name>
<script></script>
</card>
card_61031.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SAN MARINO HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SAN MARINOSan 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or extrajudicial killings. b. DisappearanceThere were no reports of disappearance or abduction. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe law prohibits torture and other cruel, inhuman, or degrading treatment or punishment. There were no reports of violations. d. Arbitrary Arrest, Detention, or ExileThere were no reports of arbitrary arrests, detentions, or exile. The law requires judicial warrants for arrests. e. Denial of Fair Public TrialThe 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 PressThe 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 AssociationThe 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 ReligionThe Government fully respects freedom of religion. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe 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 GovernmentAll 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 RightsThere are no domestic human rights organizations, although the Government imposes no impediments to the formation of such organizations. The Government has declared itself open tooutsiders' 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 StatusThe 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. WomenSeveral 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. ChildrenSince 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 DisabilitiesSince 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 AssociationBy 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 CollectivelyThe 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 LaborThe law prohibits forced or compulsory labor. There were no known violations. d. Minimum Age for Employment of ChildrenThe minimum working age is 16. The Ministry of Labor and Cooperation permits no exceptions. e. Acceptable Conditions of WorkIn 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.</text>
</content>
<name>San Marino </name>
<script></script>
</card>
card_60835.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ST. VINCENT & GRENADINES HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 ST. VINCENT AND THE GRENADINESA 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe Constitution provides for these freedoms, and the Government respects them in practice. c. Freedom of ReligionAll 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 RepatriationThe 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 GovernmentCitizens 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 RightsOpposition 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 StatusThe Constitution provides for equal treatment under the law regardless of race, sex, or religion, and the Government adheres to this provision. WomenViolence 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. ChildrenThe 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 DisabilitiesThere 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 AssociationBy 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 CollectivelyThere 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 LaborForced or compulsory labor is illegal and does not exist. d. Minimum Age for Employment of ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Saint Vincent and the Grenadines </name>
<script></script>
</card>
card_60550.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: SAINT LUCIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 SAINT LUCIASaint 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialThere 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 CorrespondenceThere 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 PressAlthough 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 AssociationThe 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 ReligionThe 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 RepatriationThe 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 GovernmentCitizens 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 RightsWhile 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 StatusGovernment 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. WomenThere 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. ChildrenDespite 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 DisabilitiesThere 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 AssociationThe 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 CollectivelyUnions 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 LaborForced or compulsory labor is illegal and does not exist. d. Minimum Age for Employment of ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Saint Lucia </name>
<script></script>
</card>
card_60291.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ST. KITTS AND NEVIS HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 ST. KITTS AND NEVISSt. 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingAlthough 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. DisappearanceThere 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 PunishmentLaw 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 ExileThe 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 TrialThe 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 CorrespondenceThere 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 PressThe 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 AssociationThe 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 ReligionThe 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 RepatriationThe Government does not restrict travel within or departure from the country.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens 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 RightsWhile 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 StatusThe Constitution prohibits discrimination on grounds of race, place of origin, birth out of wedlock, political opinion or affiliation, color, sex, or creed. WomenThe 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. ChildrenThe 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 DisabilitiesAlthough 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 AssociationThe 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 CollectivelyLabor 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 LaborThe Constitution forbids slavery and forced labor, and they do not occur in practice. d. Minimum Age for Employment of ChildrenThe 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 WorkA 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.</text>
</content>
<name>Saint Kitts and Nevis </name>
<script></script>
</card>
card_60041.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: RWANDA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995The RPA forcibly disbanded the Musenge Displaced Persons Campin northern Gikongoro on November 10, resulting in 7 deaths,several injuries, and the transfer of 20,000 internallydisplaced persons to neighboring camps. This incident affirmedthe Government's determination to close the camps and force theinternally displaced to return home. On November 11, RPAforces came under threat from a local internally displacedpopulation in Musbeya; in the ensuing disturbance, RPA troopskilled seven persons and wounded several others. In Novemberthe Government negotiated an agreement with UNAMIR and varioushumanitarian organizations to permit the latter to organize thenonforced return of displaced persons from camps to their homecommunes. At year's end, this initiative was proceedingsmoothly, according to senior U.N. officials involved.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens did not have the ability to change their governmentthrough democratic means. The 1992 powersharing agreementcrafted in the Arusha negotiations and ratified by the 1993Peace Accord was never implemented prior to Habyarimana's deathin April. The RPF brought representatives of four otheropposition parties into the Government formed after the RPFmilitary victory, but none of these officials were elected. Amultiparty National Assembly was installed on November 15, with64 deputies selected from 8 political parties. In addition,the RPA received six seats in the Assembly.Although there are no legal restrictions on the participationof women in political life, women remain poorly represented inpolitics and government. Two ministers and several subcabinetofficials, and the Prefect (Mayor) of Kigali are women. TheBatwa Pygmoid ethnic group, which represented about 1 percentof the pre-April population, was not represented in keypositions in either the former or the new Government, nor inany of the active political parties.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsNine human rights organizations were active before thenationwide outbreak of political and ethnic violence, when Hutuextremists targeted and decimated the leadership of thesegroups. Some had reorganized by year's end under the auspicesof the umbrella group, the Collective Rwandan Leagues andAssociations for the Defense of Human Rights (CLADHO). TheGovernment has not established a Human Rights Commission withinvestigative authority prescribed in the Peace Accord Protocolbut had created a department within the Ministry of Justice tohandle human rights issues.Before the April violence, the Government generally permittedhuman rights organizations to operate unhindered. However,Hutu extremists harassed some prominent human rights monitors;one was the victim of a grenade attack. The Governmentarrested Jean Paul Burandu, the Executive Secretary of CLADHOon November 5 in Bugarame, ostensibly for improper registrationof his car. Burandu charged that this was a pretext and thathis detention was linked to prison visits in the area. Atyear's end Burandu had been released.The new Government has allowed national human rights groupsthat reorganized following the RPF victory to operate freely.The new Government also cooperated with international humanrights groups, including the Commission of Experts of the U.N.Human Rights Commission and various other nongovernmentalorganizations such as Amnesty International and Human RightsWatch Africa. The Government has publicly welcomed thepresence of U.N. human rights monitors throughout the countryas a confidence-building measure, although the full complementof human rights monitors envisaged had not yet been put inplace at year's end. The ICRC has unrestricted access to mostprisons.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution provides that all citizens are equal beforethe law, without discrimination on the basis of race, color,origin, ethnicity, clan, sex, opinion, religion, or socialstanding. In practice, however, discrimination has beenwidespread and systematic. WomenDespite constitutional provisions, women continue to faceserious de facto discrimination. Women traditionally performmost of the subsistence farming and play a limited role in themodern sector. They have only limited opportunities foreducation, employment, and promotion. In support of women'srights, President Habyarimana encouraged family planning, and anew Family Code went into effect in 1992. The Code generallyimproves the legal position of women in marriage, divorce, andchild custody but still does not meet Rwanda's internationaland constitutional commitments to gender equality. Forexample, it formally designates men as heads of households.Also, the absence of succession laws limits a woman's right toproperty, thus jeopardizing her status and ability to providefor her family, should she survive her husband.Violence against women, including wife beating, occurs and isreportedly widespread. Wife beating and domestic violence arenormally handled within the context of the extended family andrarely come before the courts.Both combatant forces, but especially the former FAR andsupporting militias, engaged in rape on a massive scale fromApril through July. They targeted women, especially Tutsiwomen, for indiscriminate violence. ChildrenTens of thousands of children were murdered, and an unknownnumber were orphaned in the genocide and national upheaval.The ICRC estimates that 50,000 children were separated fromtheir parents and remain in the care of strangers orinternational organizations. Relief workers report that largenumbers of children were traumatized by the horrors theyexperienced.The new Government cannot provide funds for children's welfare;it depends on international aid groups for the feeding andmedical care of displaced and orphaned children. Neither canthe Government afford to pay for the education of orphans,although it is required by law. The law prohibits children'simprisonment with adults, but an unknown number accused ofparticipating in the genocide are reportedly held with adultsin Kigali's Central Prison. Indigenous PeopleLess than 1 percent of the population comes from the Batwaethnic group. These indigenous people, survivors of the Pygmytribes of the mountainous forest areas bordering Zaire, existon the margins of society and continue to be treated assecond-class citizens by both Hutus and Tutsis. The Batwa havenot been able to protect their interests, which center onaccess to land and housing. Few Batwa have gained access tothe educational system, resulting in minimal representation ingovernment institutions.There is no reliable information on specific human rightsabuses perpetuated against the Batwa population during theApril upheaval. A group of several hundred Rwandan Batwarefugees were discovered living in a forested area outside ofGoma, Zaire, deeply traumatized by the events they hadwitnessed. They did not clarify, however, that they or otherBatwa had been caught up on either side of the massacres. National/Racial/Ethnic MinoritiesBefore April an estimated 85 percent of Rwandans were Hutu, 14percent Tutsi, and 1 percent Batwa. The subsequent masskillings and population movements probably affected the ethniccomposition of the population, but the extent of the changes isunknown.The new Government has called for ethnic reconciliation andcommitted itself to abolishing policies of the formergovernment that had created and deepened ethnic cleavages. Itpromised to eliminate references to ethnic origin from thenational identity card, a provision of the 1993 Peace Accord.The Government has not statutorily addressed the issue ofethnic quotas in education, training, and governmentemployment. It has partially integrated more than 2,000 formergovernment soldiers into RPF forces, although not by theformula prescribed by the 1993 Arusha Accord. Tutsi clergy andbusinessmen, who were well represented in these sectors ofsociety, were killed in great numbers in the genocide.Following the RPF victory, Tutsis returning from exile tookover many of the business and professional positions formerlyheld by Rwandan Hutus and Tutsis. People with DisabilitiesAlthough there are no laws restricting people with disabilitiesfrom employment, education, or other state services, inpractice few handicapped person have access to education oremployment. There are no laws or provisions that mandateaccess of the disabled to public facilities. The number ofdisabled persons increased exponentially among both civiliansand military personnel, due to injuries from bombs, land mines,grenades, accidents involving unexploded ordnance, and maimingby mob and militia action.Section 6 Worker Rights a. The Right of AssociationAlthough government officials assured labor leaders in Octoberthat the Government would respect existing labor legislation,in practice Rwanda does not currently have a functioning labormovement. Technically, however, the country's labor lawsremain in effect, and the following describes the situationprior to April.The 1991 Constitution provides for the right to createprofessional associations and labor unions. Union membershipis voluntary and open to all salaried workers, including publicsector employees. There are no restrictions on the right ofassociation, but all unions must register with the Ministry ofJustice for official recognition. There are no known cases inwhich the Government has denied such recognition. Unions areprohibited by law from having political affiliations, but inpractice this is not always respected.Organized labor represents only a small part of the workforce. Over 90 percent are engaged in small-scale subsistencefarming. About 7 percent work in the modern (wage) sector,including both public and private industrial production, andabout 75 percent of those active in the modern sector aremembers of labor unions.Before 1991 the Central Union of Rwandan Workers (CESTRAR) wasthe 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 theMRND but still had close informal ties that party.The Constitution provides the right to strike, except forpublic service workers. A union's executive committee mustapprove a strike, and unions must first try to resolve theirdifferences with management according to steps prescribed bythe Ministry of Labor and Social Affairs. The Government neverenforced laws prohibiting retribution against strikers.Labor organizations may affiliate with international laborbodies. CESTRAR is affiliated with the Organization of AfricanTrade Union Unity and the International Confederation of FreeTrade Unions. b. The Right to Organize and Bargain CollectivelyThe Constitution provides for collective bargaining, althoughonly CESTRAR had an established collective bargaining agreementwith the Government. In practice, since most workers are inthe public sector, the Government is intimately involved in theprocess (see Section 6.e.).The law prohibits antiunion discrimination, and it has notoccurred in practice. There are no formal mechanisms toresolve complaints involving discrimination against unions.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe law prohibits forced labor, and there are no reports thatit occurs in practice. d. Minimum Age for Employment of ChildrenExcept in subsistence agriculture, the law prohibits childrenunder 18 from working without their parents' or guardians'authorization, and they generally may not work at night. Theminimum age for full employment is 18 years, and forapprenticeships 14, providing the child has completed primaryschool. The Ministry of Labor has not enforced child laborlaws effectively. e. Acceptable Conditions of WorkThe Ministry of Labor sets minimum wages in the small modernsector. The minimum wage is $1.08 (150 Rwandan francs) for an8-hour workday. The Government, the main employer, effectivelysets most other wage rates as well. The minimum wage wasinadequate to provide a decent standard of living for urbanfamilies; often, families supplement their incomes by work insmall business or subsistence agriculture. In practice, theminimum wage rate is self-enforcing since workers will not workfor less.Officially, government offices have a 40-hour workweek.Negotiations in 1993 between the unions, government, andmanagement were held to reduce the workweek from 45 to 40 hoursin the private sector as well, but by the end of 1994 no suchreduction had occurred. Hours of work and occupational healthand safety standards in the modern wage sector are controlledby law, but labor inspectors from the Ministry of Labor enforcethem only loosely. Workers do not have the right to removethemselves from dangerous work situations.</text>
</content>
<name> </name>
<script></script>
</card>
card_59801.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: RWANDA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 RWANDAThe coalition Government of Rwanda includes 22 ministers drawnfrom 5 political parties. Nine of the ministers are from theRwandan Patriotic Front (RPF), a former exile movement thattook military control of Rwanda in July in the wake of ethnicgenocide and 4 months of renewed civil war. Approximately halfa million people, most of them ethnic Tutsi, were murdered inone of the swiftest, large-scale genocides in modern history.President Pasteur Bizimungu of the majority Hutu ethnic groupand Vice President Paul Kagame of the minority Tutsi ethnicgroup are both members of the RPF, a largely Tutsi movement.Prime Minister Faustin Twagiramungu, an ethnic Hutu named inthe 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 runthe Government on a day-to-day basis. Vice President Kagame,who is Minister of Defense, is responsible for security andmilitary defense.The Government faces the task of rebuilding a country shatteredby a cycle of assassination, civil war, genocide, and refugeeoutflows of massive proportions. The 1990 invasion by the RPFinflamed the long-simmering ethnic rivalries between the Hutu(85 percent) and Tutsi (14 percent) populations. The ArushaAccord, signed by both the RPF and the former government headedby then President Juvenal Habyarimana, was intended to promotepowersharing, ensure integration of the rebel and governmentarmies, ease ethnic tensions, and lead to democratic elections.This effort ended with the crash under suspicious circumstancesof President Habyarimana's aircraft on April 6, which also tookthe life of Burundi's President, Cyprien Ntaryamira. The deathof Habyarimana, who had ruled Rwanda since a 1973 militarycoup, unleashed a torrent of political and ethnic killingsnationwide. Hutu extremists formed a self-proclaimed interimgovernment, and they and their supporters massacred hundreds ofthousands of people, mostly Tutsi civilians and members of theHutu opposition. Political militias affiliated withHabyarimana's National Revolutionary Movement for Democracy andDevelopment (MRND) and the allied Coalition for the Defense ofthe Republic (CDR) and elements of the (former) Rwandanmilitary (FAR) carried out the massacres.The RPF responded with a military offensive that routed theHutu army in July, causing the wholesale flight of Hutucivilians who feared Tutsi reprisals. The violence uprootedtwo-thirds of the population. In addition to the more than2 million persons who fled into neighboring Zaire, Tanzania,and Burundi, as many as 2 million fled their homes to otherparts of the country.The new Government called for national reconciliation andsought to promote refugee repatriation as a necessary firststep. The RPF leadership stressed its commitment to keyprovisions of the Arusha Accord, including the sanctity ofproperty rights and the integration of the FAR and the RwandanPatriotic Army (RPA), the RPF's military arm. The Governmentpromised to cooperate with the U.N. international tribunal thatwas created on November 8 by Resolution 955 to investigate andprosecute those responsible for genocide, war crimes, and otherserious violations of international humanitarian law committedin Rwanda and neighboring states.The Ministries of Territorial Administration and Defense of thenew Government have responsibility for security matters. WithUnited Nations assistance, the Government has recruited andtrained civilian police (gendarmes) to provide internalsecurity. The RPA nonetheless remains the chief guarantor ofinternal security, including control over camps for theinternally displaced and centers for processing returningrefugees, but by year's end it had assumed a lower publicprofile.The economic situation is extremely difficult. Theoverwhelming majority of Rwandans are subsistence farmers.Their massive dislocation caused disruption of the crop cycleand led to widespread food shortages in this densely populatedcountry where prewar food production barely kept pace withpopulation growth. Violent conflict damaged much of thenational infrastructure, including utilities, schools, andhospitals, and killed or drove into exile many educatedRwandans. For the foreseeable future, the economy will dependheavily on foreign humanitarian, economic, and technicalassistance.The renewal of violence in April set into motion anunprecedented wave of genocide and other human rights abusesdirected primarily at the ethnic Tutsi minority population andHutu opposition. The self-proclaimed interim extremist Hutugovernment and its extremist supporters massacred approximatelyhalf a million civilians and committed innumerable relatedhuman 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 farsmaller scale. RPA soldiers and Tutsi civilians committedrandom revenge killings and seized, occupied, or destroyedproperty owned by (principally Hutu) refugees and displacedpersons.Many Hutu refugees and displaced persons still fearrepatriation, in part based on intimidation of would bereturnees in refugee camps by Hutu extremists who disseminateanti-Tutsi hate propaganda and, in part based on fear ofreprisal. Members of the former self-proclaimed Hutu extremistinterim government and the ex-FAR threaten to rearm and renewthe civil war; a small number of crossborder incursions haveoccurred.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingsPresident Habyarimana's death on April 6 provoked killings of amagnitude unprecedented in Rwandan history. Within a half-hourof the plane crash, and before any public announcement, Hutumilitiamen and soldiers had constructed roadblocks in Kigaliand commenced targeted killings. Using preexisting lists ofpersons to be executed, members of the 700-man PresidentialGuard and their extremist Hutu civilian supporters unleashed asystematic campaign of murder and genocide, killing Hutu PrimeMinister Agathe Uwilingiyimana and other ministers, plushundreds of Tutsi and Hutu opposition leaders and theirfamilies. Over the next four months approximately half amillion people, most of them ethnic Tutsi, were murdered in oneof the swiftest, large-scale genocides in modern history.Foreigners were also targeted and killed. Troops from thePresidential Guard executed 10 Belgian soldiers from the UnitedNations Armed Mission in Rwanda (UNAMIR) peacekeeping forceresponsible for security assistance and implementation of theArusha Accord. The troops also killed two French gendarmes andtheir wives.Some RPF supporters also committed extrajudicial killings. InJune, 3 RPA soldiers murdered 13 Hutu priests, including theArchbishop of Kigali, in Kabgayi. Hutu refugees in Tanzaniareported that RPA troops summarily executed Hutu civiliansfollowing the April RPF conquest of southeastern Rwanda. Therewere also scattered reports that RPA soldiers summarilyexecuted FAR and Hutu supporters. During the battle forKigali, the widespread killing abated. Following the RPFmilitary triumph in July, RPF soldiers and Tutsi civiliansreportedly killed an unknown number of Hutus. There is noevidence that the new Government condoned or sanctioned theseacts. During the civil war, General Paul Kagame--the commanderof the RPA and current Vice President and Minister ofDefense--enforced tight discipline over his troops. After thefighting, he visited units in the countryside, exhorting themto respect applicable laws. The RPF executed at least3 soldiers found guilty of atrocities and detained about 100others. b. DisappearanceThere were tens of thousands of disappearances, almost all ofthem undocumented. From April through June, soldiers of theformer army and militia seized civilians in churches, hotels,and stadiums. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentTorture is contrary to the Constitution and Arusha PeaceAccord, which together constitute the fundamental law of theland. Perpetrators of the initial surge of violence reportedlytortured many victims before killing them. Hutu extremistsdisposed of the corpses of thousands of victims in the KageraRiver; many were found mutilated, headless, or with their handsbound behind their backs. Some refugees who fled to Burundi,Tanzania, and Zaire in the days following Habyarimana's deathsuffered machete or bullet wounds. FAR soldiers and militiamenfrequently raped women; there are reports of rape by RPFsoldiers as well. In postwar operations, RPA soldiers tied theelbows of prisoners behind their backs in a manner that causedsevere pain and in some instances permanent physical injury.The International Committee of the Red Cross (ICRC) has regularaccess to prisoners, and U.N. officials visited camps where theGovernment seeks to integrate into the new national army formerFAR soldiers who surrendered in the war. Living conditions inthese camps are good. d. Arbitrary Arrest, Detention, or ExileThe law provides legal safeguards for arrested persons, but inpractice they are rarely applied. In general, the law requiresthat authorities investigate, then obtain a judicial warrantbefore arresting a suspect. Although police may detain personsfor up to 48 hours without a warrant, formal charges must bebrought within 5 days of arrest.The law permits preventive detention only if authoritiesbelieve 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 reviewis mandatory every 30 days. Detainees may appeal theirincarceration, and a competent judicial authority must hearthis appeal within 24 hours. These procedures apply to allpersons, and failure to meet any of these requirementsconstitutes grounds for release of the arrested person anddismissal of the case. There is no bail, but in the pastauthorities released suspects on their own recognizance pendingtrial. Incommunicado detention is not practiced.Security forces of the self-proclaimed interim governmentignored laws covering arrest, detention, and trial in theexplosion of political and ethnic violence in April whichdecimated the judicial system (only 40 of 800 magistratesremained in place following the upheaval). The ensuing chaosbrought about the collapse of the justice system, makingenforcement of existing laws impossible. The parallel collapseof the criminal investigation system further hampered theapplication of law, and the breakdown of the court systemcreated a large backlog of cases that courts cannot tryexpeditiously. In all likelihood, many prisoners will awaittrial for very long periods of time. Illegal detentions incriminal cases continue to occur.The new Government supported the work of a SpecialInvestigations Unit after the creation by the United NationsSecurity Council of a special international tribunal to helpthe Rwandan Government adjudicate the huge backlog of criminalcases stemming from human rights atrocities that began in early1994 and increased following Habyarimana's death. At year'send, the international tribunal had not yet commencedfull-scale investigations nor sought the detention of anyperson involved in the massacres.During the renewed military conflict, Hutu militants detainedseveral thousand Tutsi prisoners in stadiums in Kigali andCyangugu without adequate food, clean water, sanitaryfacilities or shelter. Between the July RPF declaration of acease-fire and the end of the year, the new Government jailedmore than 12,000 prisoners suspected of war crimes or genocide,holding 7,400 of them in the Kigali Central Prison and theremainder in other facilities. Journalists who visited theseprisoners reported severe overcrowding and harsh, life-threatening conditions. Some detainees were reportedly held inmilitary camps rather than prison facilities.Officially, exile is not practiced, but in actuality tens ofthousands of Tutsis lived in de facto exile for over 30 yearsin neighboring countries during rule by a succession ofHutu-dominated governments. As many as 400,000 to 600,000returned following the RPF victory. The Arusha Accordincorporates into law the right of return, and a 1991 lawgranted blanket amnesty to refugees and exiles who wished torepatriate. Currently, there are more than 2 million Huturefugees in neighboring countries. The Government has publiclystated that they are free to return and has solicited theirrepatriation. In October the Government signed a tripartiterepatriation accord with the United Nations High Commissionerfor Refugees (UNHCR) and the Government of Zaire. However,anti-Tutsi propaganda and extremist Hutu intimidation in therefugee camps, and reprisal attacks on Hutus by RPF soldiersand Tutsi civilians inside Rwanda have thus far deterredlarge-scale refugee returns, although an increasing number ofrefugees had begun to return at year's end under the auspicesof UNHCR. The Government has not offered amnesty nor pardonfor those suspected of genocide or atrocities. e. Denial of Fair Public TrialAt year's end, the Ministry of Justice had drafted and wasworking with foreign donors to fund and implement a plan torebuild the judiciary. However, few trials had yet takenplace. The pre-April judicial system had separate systems forcriminal/civil cases and military cases. Decisions could beappealed to the regional court of appeals. At the request ofdefendants or their counsel, the Cour de Cassation reviewedcivil and criminal cases for errors in procedure or in theapplication of the law. Errors resulted in retrial by anotherpanel of judges. Although the Constitution provides defendantswith the right to counsel, many were denied counsel due to theshortage of lawyers.The pre-April judicial system was susceptible to governmentmanipulation in spite of constitutional provisions for anindependent judiciary. The low educational level of mostjudicial officials, budgetary constraints, and the absence of abody of case law and precedent further eroded the functioningof the judicial system. The outbreak of genocide and renewedcivil war following Habyarimana's death led to the totalcollapse of the judicial system.The RPF maintained a system of military justice that operatedoutside the structures of constitutional law; during the Aprilto July military offensive, RPF military tribunals ordered theexecution of at least three RPA soldiers for human rightsabuses against civilians.There were no reports of political prisoners. The Governmenthas stated that supporters of the MRND and CDR partiescurrently in detention were arrested for criminal rather thanpolitical offenses. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution provides for the respect of privacy ofindividuals, correspondence, and communications and declaresthat the home is inviolable. Police generally respected theseprovisions before the events of April. In the 3-month periodthat followed, political and military officials of the interimgovernment abandoned any pretense of respecting privacy lawsand committed wholesale abuses.There are no reports that the new Government interfered withthese rights, nor does it reportedly engage in surveillance ofpolitical parties, associations, or individuals. However, Hutucivilians and displaced persons in the northwest and southwestcomplained of abuses by RPA troops searching for weapons andsuspected war criminals. After capturing Kigali, both RPAsoldiers and civilians committed widespread looting andvandalism. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsIn the 2 weeks following the crash of the airplane carryingPresident Habyarimana, killing spread rapidly throughout thecountry. Within a week, the Presidential Guard and militia hadkilled an estimated 20,000 people in Kigali and its immediateenvirons. Extremist Hutu radio broadcasts called for Hutus toexterminate all Tutsis, and politically targeted killing gaveway to general massacre of both Tutsis and those Hutus whosupported the powersharing formulas of the Arusha Accord.Militiamen from outlying provinces joined extremists fromKigali in urging Hutu civilians to participate in themassacres. Hutus engaged in the mass killing of Tutsis fromRuhengeri and Gisenyi in the north to Cyangugu in the south.Among the most egregious events reported were: instances inwhich the Interahamwe Militia assembled and massacred 15,000Tutsis in a stadium in Gatwaro, Kibuye; the killing of 2,800persons in a church in Kibungo; of 6,000 Tutsis in a church inCyahinde where they had taken refuge; of 4,000 in a church inKibeho; of 2,000 in a parish in Mibirizi; of 4,000 in a parishin Shangi; and 500 Tutsis killed by Interahamwe militia andgendarmes in a parish in Rukara.On April 19, a second wave of killing of Tutsis by Hutus beganin the southern city of Butare following the self-proclaimedinterim (post-Habyarimana) government's dismissal of the localprefect who had until then maintained order in his district.The massacres included house-to-house sweeps in which Hutumilitants killed entire families, summarily executed Tutsis atmilitary or militia roadblocks, murdered doctors and priests inhospitals and churches, and slaughtered civilians who hadsought sanctuary in churches and religious missions.Assailants used guns, grenades, machetes, hoes, and clubs.Survivors eventually buried most victims in unmarked, massgraves, but perpetrators cast thousands of corpses--many ofthem severely mutilated--into the Kagera River. The killersoften stole the property of their victims after killing them.Although militiamen and soldiers did much of the killing, thereare credible reports that large numbers of civilians alsocommitted atrocities.Some implicated in the killings charged that extremiststhreatened to kill them and their families unless they joinedin attacks on Tutsi neighbors. An unknown number of Hutus werekilled for attempting to protect or harbor Tutsis. Some Hutucivilians, including women and children, reportedly attackedTutsi civilians only after local government authorities orderedthem to do so.Both former government and RPF supporters committed numerousindividual acts of human rights abuse in addition to theorganized cycle of genocide and revenge killings that swept thecountry. Nonsystematic killings committed by RPF soldiersconstituted a small fraction of the those committed by FAR andHutu militia. Former FAR troops and their civilian auxiliarieswere guilty of widespread looting and rape in virtually all themajor towns. Advancing RPF soldiers vandalized or dynamitednumerous buildings, including schools, ministries, and privateresidences. 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 theindiscriminate mortar and artillery shelling of enemy-heldzones, killing and wounding dozens of noncombatants. FormerFAR troops allegedly fired mortar shells and killed a number ofrefugees sheltered in the Kigali Stadium; RPA rounds struck arelief hospital in central Kigali, killing more than a dozenpatients. Another RPA mortar attack near the Gisenyi bordercrossing into Zaire caused a stampede of Hutu refugees thatkilled dozens more, most of them children. The use ofexcessive force diminished following the July collapse of theFAR. Humanitarian relief workers and foreign diplomatsreported that human rights abuses in the east and southeast haddecreased by year's end, when the RPA was cooperating with theUnited Nations to disband peacefully camps for the internallydisplaced. RPA troops had stopped destroying the houses ofHutus alleged to have been involved in the massacres.The sick and wounded were not spared from the massacres. Therewere numerous reports of murders of persons in ambulances andhospitals. In many instances, the protective symbol of the RedCross was ignored. Three Red Cross volunteers were killed inButare on May 1 along with 21 orphans under their care. On May14 armed militiamen shot to death 6 wounded patients beingtransported by Rwandan Red Cross volunteers in Kigali. An ICRCworker was wounded on May 18 when an ICRC convoy traveling fromKigali to Kabgayi was attacked.Reliable estimates put the number of people killed in themassacres and fighting between April 6 and July 15 atapproximately half a million, most of them Tutsi victims ofgenocide by Hutu extremists. Most local and internationalorganizations operating in Rwanda do not believe that exactfigures will ever be available. Numerous credible reports fromindividual organizations such as the U.N. Human RightsCommission's Special Rapporteur, the UNHCR, the U.N. Commissionof Experts, the ICRC, journalists, and human rightsgroups--including Africa Watch and Amnesty International--confirm the scope and the scale of the genocide. By Resolution955 of November 8, the U.N. Security Council decided toestablish an international tribunal for the prosecution ofpersons responsible for genocide and other serious violationsof international humanitarian law committed in the territory ofRwanda and neighboring States, between January 1 and December31, 1994. The Special Rapporteur named by the UNHCR did notfind the RPF guilty of systematic killings or genocide in thepublic report on his findings.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and the press.Prior to April the Government respected this right to a limitedextent. It intimidated and menaced journalists but allowed thecountry's four independent newspapers and its political partiesrelative freedom to operate. However, the written press hadonly limited circulation, and only radio reached a broad publicaudience.The electronic media included the government-owned televisionstation and two radio stations, government-owned Radio Kigaliand the privately owned Mille Collines, the voice of Hutuextremists.Before April, Radio Kigali offered balanced but blandprogramming, controlled by an opposition minister. Radio MilleCollines and Radio Muhubura, controlled by the RPF, carried ona propaganda war, the former against the RPF and its allies andthe latter against President Habyarimana and supporters of hisregime. After President Habyarimana's death, Radio MilleCollines broadcast strident anti-Tutsi and anti-RPF propaganda,which ultimately had a lethal effect, calling on the Hutumajority to destroy the Tutsi minority. Experts cited MilleCollines as an important factor in the spread of genocide inthe hours and days following Habyarimana's death.A November Reporter Without Borders communique claimed that 40percent of Rwandan journalists perished in the fighting andblamed by name a number of surviving Hutu journalists forinciting the public to slaughter. The journalists who diedwere targeted principally for ethnic and political reasons.Following the RPF victory, Radio Kigali became the voice of theGovernment, broadcasting in French and Kinyarwanda. MuhuburaRadio, which broadcast in English, Swahili, and Kinyarwanda,was the official voice of the RPF. A proposed U.N. radiostation reportedly had not received government permission tobroadcast by year's end. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for freedom of peaceful assembly, butauthorities required official advance notice for outdoorrallies, demonstrations, and meetings. Before the renewal ofcivil strife, political parties routinely held ralliesthroughout the country. Unauthorized assemblies of theInterahamwe Youth Militia associated with the MRND in Januaryand February spawned violence in Kigali and Butare. Governmentmilitiamen killed several dozen civilians, blocked streets,searched cars, beat perceived opposition supporters, anddamaged property. When the Habyarimana Government did not usesecurity forces to halt these attacks, the opposition took thisas tacit approval.Although citizens were legally free to join political partiesunder the 1990 Constitution, the political party law bannedparties based on ethnic origin or religious affiliation. Thenew Government further curtailed this freedom, prohibitingmembership in the MRND and CDR, the Hutu-dominated partiesimplicated in the anti-Tutsi genocide, effectively banningthese parties. c. Freedom of ReligionThe constitutional provision for freedom of religion wasgenerally respected by both the former and new governments.Although there was no overt discrimination against foreignclergy, most left when violence erupted. Many Catholic andProtestant leaders perished in the violence, which alsodestroyed or damaged many churches and religious schools. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe former government enforced laws restricting freedom ofmovement and residence, and the current regime has continuedsome of these practices. The former government required allresidents to hold identity cards, which were subject toperiodic police checks. Hutu militiamen used these cards,which designated ethnicity by patrilineal descent, to targettheir victims. Before the outbreak of genocide, the Governmentsystemically levied fines on property owners who did notrequire tenants to show documentation, and evicted tenants whocould not supply the required documentation. Nightly curfewslifted following the signature of the 1993 Peace Accord werereimposed with the outbreak of renewed civil war. Military andmilitia checkpoints proliferated throughout the country duringthe fighting in both government and RPF-controlled territory.The new Government lifted the nightly curfew by year's end, andonly a few RPF checkpoints--most in border regions--remained inplace at year's end.Emigration is not restricted, and the Government normallyapproves passports for citizens who seek them.The Peace Accord Protocol on Refugees incorporated into law theright of refugees to return, and the new Government hasannounced its commitment to this principle. Following the RPFmilitary victory, several hundred thousand refugees returnedfrom neighboring countries, especially Burundi and Uganda.Almost all were ethnic Tutsis, who had fled prior periods ofanti-Tutsi violence in 1959, 1962 and 1973, and theirdescendants.The return of Tutsi refugees was more than matched by theflight of approximately 2 million Hutus who sought safety inU.N. refugee camps located along Rwanda's borders with Zaire,Burundi, and Tanzania. This includes many former armypersonnel and civilian militiamen who had engaged in the Aprilto July anti-Tutsi genocide. However, many Hutu civiliansremained in the camps from fear of Tutsi reprisals.Living conditions in the refugee camps spawned epidemics,violence, and friction with local populations. The camps arenot viable for the long term. However, anti-Tutsi propagandaand physical intimidation by extremist Hutus have thwartedefforts to convince the refugees to return to Rwanda. Rumorsand reports of revenge killings of Hutus by RPF soldiers andTutsi civilians also contributed to the reluctance of manyrefugees to return. A further complicating factor was theseizure by returning Tutsis of land, homes and propertybelonging to Hutus, either those displaced or refugees abroad.The new Government has not yet followed through on its pledgeto evict squatters and disallow property claims made byreturning refugees if the claims are more than 10 years old. Acommission organized within the Ministry of the Interior begancompiling legal dossiers on all property claims, but squattersremained in many houses at year's end, and the settlement ofproperty claims appears to be a long-term process.</text>
</content>
<name>Rwanda </name>
<script></script>
</card>
card_59207.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: RUSSIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusArticle 19 of the Constitution prohibits discrimination basedon race, sex, religion, language, social status, or othercircumstances. Both official and societal discrimination stillexist. WomenAlthough women are entitled to the same legal rights as men, inpractice they are subject to considerable discrimination, bothofficial and unofficial. Women are often paid less than menfor equal work and frequently are the first to be laid off asenterprises reduce staff because of a societal bias in favor ofmale employment as the primary income for the family. Whilemethodologically reliable statistics are difficult to compile,the Center for Gender Studies in Moscow has stated that in 1991women earned on average 75 percent as much as men, while in1994 that figure had dropped to 40 percent, and unemploymentwas three times higher among women than among men. Men stilldisproportionately occupy positions of influence and prestigein both the Government and the economy.Although the Government maintains no statistics, there isconsiderable anecdotal evidence that violence against women,including rape and spousal abuse, is both substantial andgrowing. Russian human rights monitors allege that policeoften do not take an interest in cases of violence againstwomen, particularly cases of domestic violence. Incidentsoften go unreported because of the belief that the authoritieswill do little about the matter and because of the victim's ownshame. In the case of spousal abuse, there are no specificlegal provisions against wife beating, and legal recourse suchas bringing charges of assault is unlikely to be successful andseldom exercised.Anecdotal evidence also indicates that rape and sexualexploitation and harassment in the workplace have grownsubstantially. According to the Sexual Assault RecoveryCenter, thousands of unrecorded and uninvestigated rapes takeplace. Police reportedly are reluctant to deal with rapecomplaints because investigating them is time-consuming, oftenunsuccessful, and increases the unsolved crime statistics. Toprove rape, the victim must have a mass of evidence includingmaterial evidence of resistance and medical records. Manydoctors are also reportedly uncooperative, fearingtime-consuming mandatory court appearances.Statistics on crime rates do not disaggregate cases oftrafficking in women, and reliable estimates on the extent ofthe problem are not available. There were few instances ofpersons being prosecuted for such activity in 1994.The "Women of Russia" electoral bloc focused its campaign onthe need for guaranteed health care, education, and socialwelfare. ChildrenThe Constitution assigns the Government some responsibility forsafeguarding the rights of children. However, the Government'sefforts to develop an effective social safety net are severelyhampered by its failure to allocate sufficient resources. Inparticular, living conditions in orphanages are deteriorating,and adoptions by Russian families are declining. Statisticsfrom human rights organizations state that about 20 percent ofRussian orphans commit crimes and are sent to prisons asminors, and 10 percent commit suicide. There are indicationsthat orphans and other disadvantaged children are becominginstruments of organized criminal organizations. Indigenous PeopleThe State Committee for the Development of the North, based inMoscow, is tasked with representing and advocating theinterests of indigenous peoples. With only a tiny staff, itsinfluence is limited. Local committees have been formed insome areas to study and make recommendations regarding thepreservation of the culture of indigenous people. Indigenousleaders criticize these committees as lacking politicalinfluence. National/Racial/Ethnic MinoritiesDiscrimination against people from the Caucasus and CentralAsia increased in the middle of 1994 concurrently with newmeasures at both the federal and local levels to combat crime.With wide public support, law enforcement authorities targeteddark-complexioned people for harassment, arrest, anddeportation from urban centers. According to Russian humanrights monitors, some were dragged from automobiles in traffic,harassed, extorted, and beaten in broad daylight on thestreets.Human rights groups in Moscow criticized the discriminatoryprocedures under which thousands of persons were forced toleave the capital after the June crime decrees. However, thecrackdown was generally applauded by Muscovites, who blame muchof the crime in the city on people from the Caucasus andCentral Asia. Vendors and merchants in Moscow's many markets,and in city markets throughout Russia, were also targets ofdiscrimination. Concentrating on persons who by appearanceseemed to be from the Caucasus or Central Asia, Moscow policeforced many to halt their business, confiscated their wares,and subjected them to physical abuse. Religious MinoritiesMuslims comprise about 10 percent of the Russian population,and there were no reports of official discrimination againstthem. The Russian Government last year facilitated travel onthe hajj to Saudi Arabia. Between 4,000 and 6,000 RussianMuslims made the pilgrimage. There have been tensions betweenMuslims and Christians in some areas, particularly Chechnya.The Government of Russia does not condone anti-Semitism.During the January 1994 Moscow Summit, President Yeltsin joinedPresident Clinton in a statement promoting human rightsobservance that included specific condemnation of religiousintolerance and prejudice, including anti-Semitism.Jewish leaders have increased efforts to revive the RussianJewish community and have received assistance from both localand federal authorities in obtaining buildings to reopensynagogues and Jewish schools. The Russian "black book" on theHolocaust, which was sponsored by Stalin and then suppressed,was published with help from U.S. nongovernmental organizationsand released in September.Nevertheless, anti-Semitism continues to exist and ismanifested in acts of vandalism and verbal assaults on personswho appear to be Jewish. On December 30, 1993, fire destroyedone of Moscow's three synagogues. The Jewish communitybelieves, and authorities suspect, that arson was the cause ofthe blaze. The results of the investigation by year's end werestill inconclusive. In October a crude explosive or incendiarydevice was found in the Moscow Choral Synagogue during anevening choir rehearsal. Authorities removed the device, whichcaused no injuries or damage.Popular expression of anti-Semitism is particularly evident inpolitics. Street protestors opposed to President Yeltsin oftenrefer to him pejoratively as a Jew, and antigovernment graffitioften contains anti-Semitic imagery. Subtle suggestions ofJewish heritage manifested through mispronunciation ofpoliticians' names or ways they are printed in the press areused as a means to discredit them. The number of extremenationalist and outright Fascist publications which openlypromote anti-Semitic views and sold publicly is increasing.The governmental agency responsible for regulating the printmedia, the Russian Committee for the Press, in Decemberannounced its intention to take legal action to stop thepublication of some 100 periodicals it considered Fascist.(See Section 2.a. for a fuller description.)Certain political and religious circles, led by MetropolitanIoann, the Russian Orthodox bishop of St. Petersburg,disseminate strong anti-Semitic views. Patriarch Aleksiy II,the leader of the Russian Orthodox Church, censuredMetropolitan Ioann for his anti-Semitic statements.Nonetheless, Ioann's followers continue to express such views.Section 6 Worker Rights a. The Right of AssociationBoth the 1993 Constitution and the Labor Code provide for theright of workers to form or join trade unions. However, thefull exercise of this right is limited in practice. Laborunions are required to register with local authorities, whichin the past have used this requirement to discourage or blockthe formation of new unions. However, independent trade unionshave become more effective in countering obstruction by localauthorities.Until October 1993, the Federation of Independent Trade Unionsof Russia (FNPR), the successor to the Soviet-era All-UnionCentral Council of Trade Unions, was the principal obstacle tothe exercise by workers of their right to leave the FNPR andjoin new independent unions. It controlled the socialinsurance fund which provides worker benefits, such asdisability and maternity payments, sick leave, and vacations.Hence, many workers were reluctant to leave the FNPR and openlyjoin an independent union.As of October 1993, the Labor Ministry began officiallyadministering the fund, but FNPR employees continue to managethe day-to-day operations of local offices. As a result,discrimination and the threat of discrimination continue. Aleading independent labor union allows workers to join withoutcompelling them to resign from the FNPR.About 70 percent of Russia's 75 million workers are now membersof labor unions. The FNPR, which had claimed a membership of65 million, now admits that its membership has dropped to about50 million workers. Independent unions account forapproximately another 3 million workers.Labor unions are independent of the Government and politicalparties. The FNPR was officially allied with the Civic Union,but that relationship disintegrated in late 1993 because of theFNPR's decision to support the opposition to President Yeltsinduring October 1993 and the Civic Union's poor showing in theDecember 1993 elections.Although the Russian Federation Labor Code provides thatworkers have the right to strike, it also contains numerousrestrictions that severely limit the exercise of that right.The Labor Code prohibits strikes for political reasons, strikesthat pose a threat to people's lives or health, and strikesthat might have "severe consequences," interpreted so as toinclude the defense industry, communications, civil aviation,and railroads. The Labor Code requires a multistage process ofnotification and negotiation before a strike is permitted.Despite these restrictions, strikes are numerous in Russia.According to the Labor Ministry, there were nearly 400 strikesin the first 9 months of 1994, compared to 264 strikes in allof 1993. Several strikes were declared illegal, including anationwide strike of airline pilots.The Government makes little effort to protect trade unionleaders and strikers from management retribution. In numerousinstances in 1994, enterprise managers fired workers for theirunion activities. For example, during a strike at the AvtovazAutomobile Factory, management first tried a lockout and thenunilaterally declared the strike illegal, bringing in police toend the strike. Forty workers involved in the strike werefired for violations of "worker discipline." The independentlabor union that organized the strike is appealing to seniorgovernment officials and is contemplating court action toreinstate the fired workers.Independent labor unions continued to seek redress for laborlaw violations from the Russian courts, with increasing ratesof success. They have established two labor law centers tohelp unions and their members enforce their rights in thecourts.Unions are permitted to form or join federations orconfederations and may participate in international bodies. b. The Right to Organize and Bargain CollectivelyCollective bargaining is protected by law but is not practicedwidely. The managements of many enterprises refuse tonegotiate collective bargaining agreements, and many of thosethat are concluded are not the product of genuine collectivebargaining because of the close subordinate relationship of theFNPR to enterprise management and because of managementpersonnel's membership in the FNPR. Independent unions,however, have been aggressive in demanding genuine collectivebargaining, and one of them boasts of concluding 2,000collective bargaining agreements.In several sectors of the economy, labor unions, management,and government representatives in a tripartite commissionnegotiate industrywide wages, benefits, and general conditionsof work. This arrangement reinforces the workers' tendency torely on the Government to establish wages and other workplaceconditions.The Labor Code does not explicitly prohibit antiuniondiscrimination by employers although it is implied in severalsections. Discrimination against one union in preference foranother continues to occur throughout Russian industry. Undercurrent law, there is no mechanism for resolving labordisputes.Russia has several foreign enterprise zones. There is noevidence that worker rights are more restricted in these zonesthan elsewhere in the country. c. Prohibition of Forced or Compulsory LaborThe Labor Code prohibits forced or compulsory labor. TheCommittee of Soldiers' Mothers alleges that some militaryconscripts were sold into servitude during their militaryservice (see Section l.c.). Government enforcement isineffective. d. Minimum Age for Employment of ChildrenThe Labor Code does not permit the regular employment ofchildren under the age of 16. In certain cases, children aged14 and 15 may work in intern or apprenticeship programs. TheLabor Code regulates the working conditions of children underthe age of 18, including prohibiting dangerous work andnighttime and overtime work. However, there is anecdotal evidence to suggest that the working conditions of childrenunder 18 violate Labor Code standards. The responsibility forthe protection of children at work is shared by the LaborMinistry and the Ministry for Social Protection, but governmentenforcement is largely ineffective. e. Acceptable Conditions of WorkThe Federal Assembly sets the minimum wage, which applies toall workers. The current monthly minimum wage, set in July,was 20,500 rubles (or about $6 at the December rate ofexchange) and was insufficient to provide a decent living for aworker and family. However, very few workers actually receivethe minimum wage. Its primary purpose is to serve as abaseline 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 lawrequires premium pay for overtime work or work on holidays.Russian law establishes minimum conditions of workplace safetyand worker health, but these standards are widely ignored, andgovernment enforcement of safety and health regulations isinadequate. Industrial deaths and accidents continue to risedramatically. The Labor Ministry reported that each day 30workers die as a result of workplace accidents, while another50 are injured.</text>
</content>
<name> </name>
<script></script>
</card>
card_59101.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: RUSSIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 2.d. regarding Mirzayanov's desire to travel abroad.)The case concerning Semyon Livshits demonstrates continuingproblems. 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 Israeliintelligence service, to turn the submarine on which he wasserving over to the Israeli Government. These charges werelater dropped. He was also accused of group rape and robbery,for which he was tried, convicted, and given a 10-year sentenceby a Vladivostok military court. In October 1992, the SupremeCourt struck the sentence, finding insufficient evidence andviolations of judicial procedure. From March 1993 to April1994, Livshits was retried by a Vladivostok court, which againfound him guilty and resentenced him to 10 years in prison.Livshits plans to reappeal his case to the Military Collegiumof the Supreme Court. By year's end, defense attorneys hadpresented all required documents for the appeal to the court inVladivostok, which in turn was preparing the final documents tobe sent to Moscow.The Constitution provides for a Constitutional Court, andParliament adopted a law establishing one. But by year's end,the Federation Council failed to confirm all the President'snominees, leaving one vacancy on a consequently inoperativeCourt.There were no known political prisoners. In exercise of itsconstitutional prerogative, the State Duma declared an amnestyfor all those detained by law enforcement authorities in theaftermath of the October 1993 crisis, including RuslanKhasbulatov, Chairman of the former Supreme Soviet, andAlexander Rutskoy, former Vice President. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceArticle 25 of the Constitution states that the right to privacyin the home may be violated only on the basis of a courtdecision or in accordance with federal laws. In practice, lawenforcement organs and internal security forces fail to do thisand continue to observe the Soviet-era requirement of informingthe prosecutor's office of intent to enter private premises.Article 23 of the Constitution provides for privacy ofcorrespondence and electronic communications, except in casesin which a judge issues a warrant. Many Russians believeelectronic monitoring of residences and telephone conversationscontinues, even if at reduced levels in comparison to theSoviet era.Refugee organizations claim that law enforcement officialsroutinely use informer networks to track the whereabouts ofpersons from the Caucasus, whether resident in Russia legallyor illegally. General societal discrimination against peoplefrom the Caucasus area and reports of harassment against thesepeople by law enforcement officials lend credence to suchassertions. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsThe Russian Federation's Republic of Chechnya in the northernCaucasus declared itself independent from the RussianFederation in 1991. In the summer, the Russian Governmentintensified its charges against the government of secessionistPresident Dzhokar Dudayev, accusing it of repressing politicaldissent, of corruption, and of involvement in internationalcriminal activities. Meanwhile, several armed oppositiongroups financially and militarily supported by Russiangovernment entities sought to overthrow President Dudayev. InAugust they bombed a telephone station and the Moscow-Bakurailroad line. The Dudayev government blamed the acts on thepolitical opposition and introduced a state of emergency,followed in September by martial law. Restrictions included acurfew, limits on exit and entry procedures, and restrictionson travel by road in some areas. The opposition launched amajor 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 tooverthrow the Dudayev regime. Russian military aircraft bombedboth military and civilian targets in Groznyy, the capital ofthe republic. Russian military officials initially denied anyofficial involvement in the conflict. Regular army and MVDtroops crossed the border into Chechnya on December 10 tosurround Groznyy. Air strikes continued through the month ofDecember and into January, causing extensive damage and heavycivilian casualties. Beyond the large number of civiliansinjured and killed, most residential and public buildings inGroznyy, including hospitals and an orphanage, were destroyed.These actions were denounced as major human rights violationsby Sergey Kovalev, President Yeltsin's Human RightsCommissioner, and by human rights NGO's. The United NationsHigh Commissioner for Human Rights, Jose Ayala Lasso,reiterated his profound preoccupation at the reports ofviolations of human rights and humanitarian law in Chechnya,characterized by a large number of civilian victims. TheRussian Government announced on December 28 that Russian groundforces had begun an operation to "liberate" Groznyy onedistrict at a time and disarm the "illegal armed groupings."Dudayev supporters vowed to continue resisting and to switch toguerrilla warfare. (See Section 2.a. for a description of theharassment of journalists reporting on the conflict inChechnya.)Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressDuring 1994 freedom of speech and press was generallyrespected. The print media, most of which are independent ofthe Russian Federation Government and many of which areprivately owned, functioned largely unhindered and representeda wide range of opinions.The Russian Government has placed intermittent restrictions onRussian and foreign press covering the war in Chechnya,claiming the need to protect military secrets and to ensurejournalists' safety. Duma deputy and Human Rights OmbudsmanKovalev, who was in Groznyy for most of the war, reported thatthe Russian Government has "continually hindered the activityof correspondents in the war zone... and force has been used tointerfere with reporters (including) instances of mistreatment,death threats, and confiscation of material." He also alludedto government pressure on the Moscow press, including threatsto dismiss state television chief Oleg Poptsov for airing newsbroadcasts critical of the Chechnya operation.The press law requires that mass media publications be licensedby the State Committee for the Press. Its former chairman,Boris Mironov, who favored tight regulation of the media, wasdismissed by the President in September for allegedly assertinghe was a Fascist. His successor, Sergey Gryzunov, announced inDecember the closure of the newspaper Al-Kods (an anti-ZionistPalestinian publication generally critical of PalestineLiberation Organization leader Yasser Arafat) because ofnoncompliance with a provision of the press law barringnon-Russian citizens from founding newspapers. Gryzunov alsostated he would issue official warnings and begin legalproceedings against about 100 newspapers he considered to beFascist or inciteful of ethnic and racial enmity.Regional political authorities resorted to various devices toclose down critical newspapers. The Glasnost Defense Fund,which monitors press freedom throughout the former SovietUnion, recorded dozens of such incidents. Perhaps the bestknown case occurred in early 1994 when Governor Nazdratenko ofPrimorskiy Kray (Vladivostok) fired the mayor of Vladivostokand closed down two newspapers which had criticized thegovernor's actions. A radio reporter was also fired and thenbeaten by unknown attackers in September after criticizing theadministration.Regional political authorities also cited unpaid printing billsor other debts as a pretext for closing newspapers that weretoo critical. Many media organizations are liable to pressureby such authorities because they occupy city-owned premises orreceive subsidies. In towns dominated by a single industrialenterprise, the leaders of that enterprise have sufficientpower to suppress investigative reporting and discussion ofembarrassing topics, such as environmental pollution orprivatization schemes benefiting management.Organized crime is increasingly able to exert pressure on themedia either because of the dire financial straits in whichmost newspapers find themselves or because of the corruptibilityof underpaid journalists willing to write articles favorable toparticular companies, products, or individuals. In addition,opponents of the Government and journalists have allegedinvolvement by military officials in the murder of aninvestigative reporter. On October 13, one of MoskovskiyKomsomolets' journalists, Dmitriy Kholodov, was notified bytelephone by one of his contacts that a package of veryimportant documents on illegal arms sales by the Russian armywas waiting to be picked up at the Kazanskiy train station. Heretrieved the package and, when he opened it in the newspaperbuilding, it exploded, killing him. Known for investigativepieces on corruption in the military and intelligence agencies,he was scheduled to testify in the State Duma on allegedcorruption in the Western Group of Forces, formerly stationedin East Germany. Since Kholodov's death, some journalistscovering corruption in the military claim to have receivedanonymous threatening telephone calls.In September a well-known television journalist and twoexecutives of St. Petersburg's Channel 5 television networkwere beaten and robbed in a 1-week period. The attacks arewidely considered to have had political motives, although theattackers remain unknown.Broadcasters have a weaker legal basis for freedom in broadcastprogramming and are potentially subject to much greatergovernment control due to the Government's monopoly oftransmission facilities and the expense involved inestablishing and maintaining independent stations. However,stations such as NTV, a privately financed Moscow televisionstation, TV6, and other smaller private stations are beginningto provide competition to state broadcasting in Moscow andother large urban centers.Television studios at the regional level, formerly part of thecentral broadcasting system during the Soviet era, now operatemore or less independently. They function as affiliates,opting to use programs from state-owned sources and producinglocal news programming independently. Local authoritiessometimes subject these affiliates to pressure. Allbroadcasters and cable networks, both public and private, useforeign broadcast material.In connection with the Russian military action in Chechnya inDecember, both Russian and foreign journalists reportedefforts, including harassment and threats of force, by Russianofficials and military personnel to prevent journalists fromentering certain areas or to influence their reporting.Although formal censorship procedures were not established, norwas access to areas of conflict categorically forbidden, theRussian Government did not repudiate such efforts by individualelements within the military and the Interior Ministry tocontrol 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 universitiesto research institutes, enjoy increased autonomy. While manyuniversity rectors and department heads are still appointed bythe Ministry of Education, a growing number of senior universityadministrators are now selected by secret ballot in free andopen elections. Curriculums and textbooks are continuouslybeing revised and updated, and many institutions have developedrelations with Western counterparts. The entrenched academicnomenklatura (privileged bureaucracy) nonetheless continues toexert influence through its control of some resources andprivileges. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for freedom of assembly andassociation, and the Government generally respects thesefreedoms.Organizers of demonstrations must apply for permission to localauthorities between 15 and 10 days in advance, and officialsmust respond at least 5 days before the scheduled event.Participants in unauthorized demonstrations are subject tocivil and criminal penalties, including fines, 15-day jailsentences, and stiffer punishment. In December Moscow policebriefly detained members of the human rights organizationMemorial for holding an unauthorized protest in front of thePresidential Administration building against the bloodshed inChechnya. The authorities routinely issued permits fordemonstrations throughout Russia in October to mark the firstanniversary of the violent confrontation between forces loyalto 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 thenames of their officers with the Ministry of Justice.Political parties must also present 5,000 signatures and pay afee to register. There are now over 300 social and politicalorganizations, and the authorities are not known to haverefused arbitrarily to register any organization. c. Freedom of ReligionThe Constitution provides for freedom of religion, and theGovernment respects this freedom.The Russian Orthodox Church continues to gain influencethroughout society, including within the Government. The headof the Church, Patriarch Aleksiy II, has asserted the Church'sbelief in complete religious freedom but has been reluctant tocondemn openly anti-Semitic pronouncements by MetropolitanIoann of St. Petersburg.Bureaucratic obstacles to complete religious freedom stillexist because the 1990 Soviet law on religion requiresreligious groups of 10 or more persons to register with localauthorities. Some groups view the requirement itself ascontradicting their beliefs and refuse to register. Failure toregister precludes organizations from the right to establishschools, own property, or engage in social work. Theregistration process is open to bureaucratic obstructionism,such as lost or delayed applications or denial of adequatefacilities. In Vladivostok, city authorities tried to blockthe registration of a Roman Catholic parish, reportedly afterpressure from local Orthodox clergy.In Krasnodar, after the son of a Pentecostal minister wasmurdered, the local authorities claimed a church member killedhim and shut the church down. There were credible reports thatRussian Orthodox believers prevented Pentecostals and otherevangelical groups from meeting. (See Section 5 for adiscussion of religious discrimination.) d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens are generally free to travel within Russia. Alladults are issued internal passports which they must carrywhile traveling and use to register with local authoritiesvisits of more than 3 days. Travelers not staying in hotelsusually ignore this requirement.The right to choose one's place of residence freely, althoughprovided in Article 27 of the Constitution, is still restrictedin practice. Under the "propiska" system, all citizens mustobtain a residence permit. A law passed in July 1993 attemptedto change the character of the system from one in which theauthorities grant permission for a citizen to reside in a givenlocation to one in which the citizen simply registers to informthe authorities of his place of residence. The law came intoforce on October 1, 1993, but has not been implemented. Theauthorities of larger cities enforce the existing propiskasystem selectively, often targeting those who are not Russian,primarily persons from the Caucasus and Central Asia. In a fewcases, individuals have appealed propiska refusals in court andwon, but such instances are rare. Human rights monitors citethese cases as the absurd lengths to which citizens must go toenforce observance of basic constitutional rights.Some officials have called for abolition of the propiska system,stating that it is unconstitutional. However, officials inmajor cities, especially Moscow, staunchly defend the system,predicting widespread crime and homelessness if it were abolished. Citing this as justification, Moscow cityauthorities on July 1 imposed a system under which nonresidentsmust pay a daily fee to visit the capital. Furthermore,Russian citizens from within the Russian Federation who wish tochange their residence to Moscow must pay a fee equal to 500times the monthly minimum wage to purchase a permit, whilepersons from the countries of the Commonwealth of IndependentStates must pay 1,000 times the monthly minimum wage and thosefrom all other countries must pay 1,500 times the monthlyminimum wage. The authorities also enforce this systemselectively, especially harassing persons from the Caucasus andCentral Asia.Russian citizens also have the constitutional right toemigrate. Under the May 1991 Soviet law on emigration andforeign travel, which officially came into force on January 1,1993, exit permits and formal invitations from abroad are nolonger required of travelers who are not emigrating. Emigrantsneed only show an invitation from any relative abroad orpermission to enter the country to which they are immigrating.The law, however, continues to restrict the emigration ofpersons with access to state secrets. Special travelregulations apply to some Russian scientists wishing to travelabroad temporarily.An interagency government commission reviews individualpassport applications denied on secrecy grounds. Persons havethe right to present their case and to call expert witnesses tochallenge the continued secrecy of the information inquestion. Since the commission began reviewing cases in June1993, the overwhelming majority of passport denials on groundsof secrecy have been overturned. The most famous case of arefusal of a passport for foreign travel, that of VilMirzayanov, a Russian scientist incarcerated several times forrevealing to a U.S. journalist that Russia continued to violateinternational agreements on chemical weapons production, wasoverturned by the commission on August 31.The 1991 law also retains the requirement that those intendingto emigrate obtain permission from close relatives in Russia toleave the country. If unable to obtain this permission, theintending emigrant may pursue a resolution of the problem inthe courts. In 1994 Russian courts for the first time began toaccept such cases for review. At least two such cases wereresolved in favor of the intending emigrant.Before the events of December in Chechnya, estimates of thenumber of refugees and forced migrants in Russia differedwidely, with some stating a total of 3.5 million. Forcedmigrants or resettlers are generally persons with Russiancitizenship who lived permanently in other states of the formerSoviet Union and fled due to economic hardship ordiscriminatory laws. There are three categories of refugees inRussia: (1) ethnic Russians fleeing conflict areas, such asTajikistan, who are considered refugees by the RussianGovernment and in some cases under the internationally accepteddefinition of refugee; (2) nonethnic Russians, such asArmenians and Azerbaijanis of mixed marriages, who would facepersecution in either Armenia or Azerbaijan and who might beeligible for refugee status; (3) third-country refugees, mainlySomalis, Afghans, Iraqis, and Kurds, who could not safelyreturn home. The U.N. High Commissioner for Refugees estimatesthere to be about 50,000 people in this third category.Many forced migrants resettled to rural areas complain thathousing is inadequate, job opportunities are scarce, and theyare unprepared to work in agriculture. Many areas have refusedto accept refugees resettled by the Federal Migration Service(FMS). Human rights monitors allege that the FMS also placesunnecessary bureaucratic obstacles in the way of processingapplications of persons from the states of the former SovietUnion and sometimes expels newly arrived refugees, who may havevalid claims to refugee status, across Russia's southernborders.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentPursuant to the Constitution, the Russian people have the rightto change their government at both the federation and regionallevels, although this right under the provisions of the 1993Constitution has not yet been tested in practice. In December1993, concurrent with voting on the constitutional referendum,voters elected representatives to the Federal Assembly innational parliamentary elections. This body consists of a450-seat lower house, the State Duma, and an upper house, orFederation Council, comprising two representatives from each ofthe federation's 89 constituent regions. (The breakawayRepublic of Chechnya refused to participate in the elections.)The next parliamentary and presidential elections at thefederation level are scheduled to take place in late 1995 and1996, respectively, although many prominent politicians havecalled for their postponement.President Yeltsin was democratically elected to an exceptional5-year term in 1991. After he prorogued the Supreme Soviet inOctober 1993, he emerged in a stronger position politicallyvis-a-vis the legislature. In order to avoid legislativedelays in the Federal Assembly and to overcome politicalopposition in Parliament to bills proposed by the Government,the President makes heavy use of his constitutional power toissue decrees. Although presidential decrees may notcontradict the Constitution or the Federal Assembly's statutes,the constitutionality of many decrees is openly questioned inthe Government and the press. With the Constitutional Courtnot yet in operation, there is no entity which may definitivelydetermine the constitutionality (and hence the validity) ofeither presidential decrees or legislation of the FederalAssembly.In contrast to national political institutions, most executivebranch leaders at the regional level have yet to be elected byvoters. For example, almost all sitting regional governorswere appointed by the President and have not yet stood forpopular election, although, by contrast, almost all heads ofethnically based republics within the Russian Federation havebeen properly elected. Most regional legislatures, disbandedby presidential decree in 1993, had been reactivated by year'send.The Constitution provides for equal rights and freedoms for menand women, but women do not occupy many leading positions inpolitics and government. However, the Women of Russia blocreceived around 8 percent of the seats in the State Dumathrough proportional balloting. Women hold 8 of the 170 seatsin the Federation Council and 59 of 450 seats in the StateDuma. Although members of Russia's ethnic and religiousminorities face no legal limitations on politicalparticipation, some ethnic and religious minorities facesocietal discrimination that makes it difficult for theirmembers 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 RightsNumerous local human rights groups were active during the year,including the Moscow Helsinki Group, Memorial, the Center forHuman Rights Research, and the Union of Councils. Theyinvestigated and publicly commented on human rights issues,generally without government interference or restriction.There was one reported incident in which a human rights groupwas denied access to several prisons for the purpose ofconducting inspections, although other groups gained access andreported extensively on prison conditions.It is perhaps too early to assess the impact of events inChechnya on the effectiveness of human rights organizations inRussia. On one hand, several organizations (for example, theCommittee of Soldiers' Mothers, Memorial, Glasnost DefenseFund) have gotten considerable exposure and recognition both athome and abroad for their stand against the incursion. On theother hand, one official government response to reports ofhuman rights abuses in the theater of conflict criticized"biased" political figures and human rights organizations whofail to see that the situation in Chechnya "has made humantragedies and losses actually inevitable."President Yeltsin late in 1993 established a special Commissionon Human Rights headed by Sergey Kovalev, a former dissidentand political prisoner widely respected in human rightscircles. By the end of June 1994, the Commission had draftedan unprecedented, highly critical report on human rightspractices in Russia in 1993 which was leaked to the press andthen 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 forcreating Kovalev's Commission. However, the Government'sdialog with human rights organizations broke down as a resultof the Russian military operation in the Chechen republic.Activists, including Commissioner Kovalev, charged theGovernment with indiscriminate use of force, disseminatingdisinformation, and attempting to muzzle critical reporting inthe mass media.</text>
</content>
<name> </name>
<script></script>
</card>
card_58837.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: RUSSIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 RUSSIAThe Russian Constitution establishes democratic governancethrough three branches of power with checks and balances: thePresidency and the Government, headed by the Prime Minister; abicameral legislature, or Federal Assembly, consisting of theState Duma and Federation Council; and the courts. TheConstitution also lays a comprehensive groundwork forobservance and enforcement of human rights set forth in theUniversal Declaration of Human Rights.The constitutional referendum of December 1993, which wasconcurrent with parliamentary elections, strengthened PresidentBoris Yeltsin's position vis-a-vis the legislature. Hecontinued to proclaim his commitment to political reform andthe transition to a modern market economy. Nevertheless, theprocess of institutionalizing democracy and a modern marketeconomy lagged due, in part, to the slow enactment of laws anddevelopment of regulatory institutions, widespreadunfamiliarity with democratic and market principles, and areaction against "democrats" and free market advocates becauseof social dislocation.The Federal Counterintelligence Service (FSK) is responsiblefor internal security issues, including foreign intelligenceactivity in Russia, drugs, terrorism, and state corruption.The Federal Border Service is broadly responsible for thesecurity of Russia's external borders. The Ministry ofInterior (MVD) is responsible for the police, prison system,and paramilitary forces used to maintain public order.Legislative oversight of these organizations is tenuous atbest, and some MVD prison and police personnel have committedhuman rights abuses.Russia is a vast country with a wealth of natural resources anda diverse industrial base. It made significant progress in1994 in its ongoing transformation from a centrally plannedeconomy to a market-based one. Over 70 percent of enterprisesare now privatized, and the majority of workers are employedoutside the state sector or in both the private and statesectors. However, by official measurement, gross domesticproduct continued to fall and unemployment to rise, and theGovernment continued to battle inflation and deficit spending.The overall human rights record in Russia in 1994 remaineduneven. The concept of the rule of law has yet to beinstitutionalized and implemented. In his desire to combatrapidly increasing crime, President Yeltsin signed two decreesin June, which contradict constitutional rights to protectionagainst arbitrary arrest and illegal search, seizure, anddetention. The Constitutional Court, the only body having theauthority to settle constitutional disputes, remainedinoperative because of governmental inability to fillvacancies. Courts of general jurisdiction, with severalnotable exceptions, remained timid in asserting theirauthority. Moreover, judges generally feel uncomfortable withthe idea of having the duty and responsibility to declareactions taken by the executive branch and regional authoritiesas unconstitutional.In August Sergey Kovalev, the Human Rights Commissioner, (aposition provided for in the Constitution), published a highlycritical report on the human rights situation in 1993, notingthat law enforcement officials reportedly beat and physicallyabused detainees; military officers failed to discipline thosewho engaged in "dedovshchina," the violent hazing ofconscripts, which led to numerous deaths and injuries; andprison officials appeared unable to correct life-threateningsituations in pretrial detention centers.Claiming the need to prevent Chechnya's secession from Russia,Russian troops crossed into the Russian Federation's Republicof Chechnya on December 11. Beginning in late Decemberfollowing major Chechen resistance, there was massive aerialand artillery bombardment of Chechnya's capital, Groznyy,resulting in a heavy loss of civilian life and hundreds ofthousands of internally displaced persons. These actions werein conflict with a number of Russia's international obligations,including those concerning the protection of civiliannoncombatants and notification of troop movements. In lateDecember, Human Rights Commissioner Kovalev accused Russiantroops of violating human rights on a "massive scale" inChechnya. The international community and human rightsnongovernmental organizations (NGO's) called upon both partiesto respect international humanitarian law and the human rightsof noncombatant civilians.Although freedom of speech and press is widely respected, therewere physical attacks on journalists by unknown persons and atleast one killing. Journalists reporting on the conflict inChechnya were harassed and threatened. Other human rightsabuses include official and societal discrimination againstpeople from the Caucasus, some continuing societaldiscrimination against Jews, violence against women, lack ofattention to the welfare of children and the handicapped, andbureaucratic obstacles to the development of independent laborunions.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no known political killings by agents of theGovernment, but the line between politically motivated killingsand criminal activities has become difficult to distinguish.Dmitriy Kholodov, an investigative reporter for the newspaperMoskovskiy Komsomolets who was to testify in the State Duma oncorruption in the Russian army in East Germany, was killed onOctober 17 when he opened a package allegedly containingdocuments on the army's illegal arms sales. Many journalistscharge complicity in the killing by high-level Defense Ministryofficials (see Section 2.a.).Law enforcement authorities have been unable to stem an upsurgein contract killings and extortions aimed at Russian businessmen(especially bankers). These criminal activities are in part aresult of the ongoing struggle for commercial and financialmarkets in which there is deep Mafia (and sometimes Mafia andgovernment) involvement. On December 2, elements of thePresident's Security Service staged a raid on the headquartersof "Most" bank in central Moscow, injuring several banksecurity guards. While results of the Government's inquiryinto this incident were pending at year's end, businessmenexpressed concern about the authorities' inability to provideprotection and stability and to curb Mafia intimidation.The violent hazing and cruel treatment of new recruits bysoldiers [dedovshchina] continued to cause a number of deathswhich the Committee of Soldiers' Mothers, a human rights group,asserts have been covered up by military authorities assuicides or accidental deaths (see Section 1.c.).At year's end, Russian military forces attacking the city ofGroznyy, the capital of the breakaway Russian Republic ofChechnya, utilized disproportionate force and inflicted heavycivilian casualties. (See Section 1.g. for a fullerdescription of violations of humanitarian law regardinginternal conflicts.) b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentArticle 20 of the Constitution specifically prohibits tortureand other cruel, inhuman, or degrading treatment orpunishment. A series of laws passed since 1991 establishinternationally accepted standards for the treatment of personssuspected 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, theGovernment's lack of sufficient funds for the care and feedingof inmates, inadequate supervision by law enforcement andcorrectional facility personnel, and the lack of individual orinstitutional accountability for violations. The lack offunding has also resulted in many prison personnel not beingpaid, exacerbating prison conditions, particularly in ruralareas. The Government is considering transferringresponsibility for administration of the prison system from theMVD to the Ministry of Justice. The Duma has created acommittee to investigate abuses in prisons, including thosethat occur during pretrial detention.Overcrowding is becoming severe. A Moscow prison built with acapacity for 8,500 inmates now houses well over 17,000 and isstill considered better than most prisons in the regions. Manyprisons were built in the 1930's and have never beenrenovated. According to Russian and international human rightsgroups, many are unfit for human habitation as a result ofdeterioration and lack of sanitation systems adequate for thenumber of prisoners housed.Observers claim that some prisons have stopped feeding prisonersfor months at a time, relying on inmates' friends and relativesto bring in rations which are shared among all inmates.According to the Society for the Guardianship of PenitentiaryInstitutions, the lack of funding has also led to a crisis inwhich inmates receive medical care and medications only whenthey are suffering from a life-threatening condition.Prisoners with infectious diseases are sometimes not separatedfrom more healthy inmates, and tuberculosis is widespread.Conditions in Russian pretrial detention centers areparticularly bleak. One such facility in Moscow, Butyrskiyprison, was originally built in the 18th century. MVDpersonnel have publicly warned that overcrowding and inhumanconditions undermine the Ministry's ability to guaranteesecurity in such institutions. In some cases, detainees lackeven the room to sit down, must stand shoulder to shoulder, andsleep in two or three shifts. Many detainees suffer frominfectious diseases. Many of the most severe reported cases ofbeatings occur in pretrial detention centers where officialsresort to extreme measures to punish minor infractions of therules as a means to ensure discipline and guarantee their ownpersonal safety.Detainees in pretrial detention centers face much worseconditions than convicted criminals in prison camps. Moreover,although existing law allows authorities to hold suspects up to18 months in investigative detention, in practice, thousandsare held for much longer periods. In some cases, the time adetainee serves in pretrial detention is as long as the term hewould have served in prison if found guilty. Given thesecircumstances, some detainees choose to confess to crimes theydid not commit in order to escape the harsh conditions ofpretrial detention centers.There are widespread, credible reports of beatings by lawenforcement officials during arrest and by prison personnelduring detention and incarceration. Pressure on lawenforcement officials from the central Government, localgovernment, and society to deal with the rapidly increasingcrime rate in Russia has led officials to overlook heavyhandedpractices during arrest and incarceration. Russian humanrights monitors claim that law enforcement officials arerewarded for bringing cases to quick closure and thus routinelydeny suspects their right to an attorney and beat andintimidate them during questioning to extract a quickconfession to a crime. Autopsies are rarely performed todetermine the cause of prison deaths.The Moscow Center for Prison Reform has spoken with prisonerswho have witnessed abuse and rape of female detainees, but rapeand abuse victims seldom register official complaints.Police, labor camp, and prison officials harass and abusepersons on the basis of sexual orientation. Gay men areparticularly targeted for abuse in prisons and labor camps.The Society for the Guardianship of Penitentiary Institutionsclaims there are approximately 1,000 gay men in Moscow pretrialdetention centers who have not been formally charged withcrimes. The Society also alleges that gay men are subjected tosexual and nonsexual physical abuse on the part of fellowinmates and prison officials and are routinely given lowpriority in access to services such as medical care.While the law does not criminalize lesbian relations, it iswidely regarded as a form of mental illness, and policefrequently place lesbians against their will into psychiatrichospitals after receiving requests from family members orfriends to commit the "patient" to an institution fortreatment. The Moscow Society for Lesbians, Literature, andArt alleges that medical textbooks in Russia still includematerials on clinical treatments for homosexuality as a mentalillness. In psychiatric hospitals, chemical treatments areprescribed, and lesbians are sometimes beaten if they refusetreatment, according to the Society which claims the only wayto be discharged is to renounce their sexual orientation. (SeeSection 1.e. for a discussion of gay men who continue to beimprisoned 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 recruitswhich, at best, involves forcing recruits to perform menialtasks, often outside official duties, and, at worst, leads tobeatings, murder, and suicide. The national military leadershipmade no moves to implement training and education programssystematically to combat dedovshchina, nor has the concept of amilitary police force advanced much past the discussion phase.The Committee of Soldiers' Mothers in Moscow and other humanrights groups note with grave concern that dedovshchina--viewedduring the Soviet era as a rite of passage--remains a key formof discipline for some military officers. Widespread publicityand human rights groups' efforts to eliminate dedovshchina havebeen successful in individual cases and are very much dependenton local commanders. Without effective leadership training anda viable noncommissioned officer corps, dedovshchina can beexpected to persist. Given current financial difficulties,unit officers are often too preoccupied maintaining barelyadequate living conditions (or taking second jobs to make endsmeet) to devote much attention to their troops. The Committeeclaims that the military often covers up deaths due todedovshchina as suicides or accidental deaths. During thefirst half of 1994, according to a July report by Ministry ofDefense officials to the Russian legislature, 518 deaths wererecorded 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 "premeditatedmurder"; and 25 percent were determined to be suicides.In addition, the military leadership has yet to address theworsening problems of dangerous sanitary conditions, poor foodrations, and the use of conscript labor for personal or privategain. There is credible evidence that inhumane care andtreatment of soldiers, including lack of suitable housing orshelter, poor nutrition, and unsanitary conditions haveresulted in outbreaks of disease, notably hepatitis anddysentery.Officers have subjected soldiers to inhuman and cruelpunishment. Acting Prosecutor General Aleksey Ilyushenkodescribed to the press in September one incident in which thecommander of the Northern Fleet cruiser "Admiral Gorshkov"punished violators of discipline by locking them into a metalpit, some for as long as 370 days. Seven sailors, who had beenincarcerated in a room measuring 4 square meters, were killedwhen a steam pipe burst in February. This makeshift brig wasnot monitored, and no one else on the ship was aware of theaccident until it was too late to rescue those confined.There have also been allegations of forced labor in the armedforces inuring to the private gain of corrupt senior officers.Young conscripts appear to be often used as forced labor bysenior officers on personal building and constructionprojects. Moreover, the Committee of Soldiers' Mothers claimsto have assisted several families whose sons were sold intoservitude during their military service. In one case, MikhailFedotov, a Russian soldier serving in the Russian army inUzbekistan, was allegedly "sold" by a superior officer to localUzbek inhabitants and forced to work from December 1992 toApril 1993, after which he was hospitalized for psychiatricreasons. d. Arbitrary Arrest, Detention, or ExileArticle 22 of the Constitution states that arrest, taking intocustody, and detention of persons suspected of crimes arepermitted only by judicial decision. Criminal suspects must bearraigned before a judge within 48 hours of their arrest.Detainees have the right to have an attorney present duringquestioning following arrest and throughout proceedings up toand including arraignment. Detainees have the right to requesta court evaluation of the legality of detention. If the courtfinds the detention illegal, the judge has the power to orderimmediate release.Nevertheless, police make arrests without judicial warrants anddetain persons without judicial permission beyond the 48-hourtime period. In September a member of the President's legaladvisory board estimated that several thousand people had beenarrested illegally over the previous 2 years, that one out ofevery three persons arrested was denied the right to legalservices, and that 70 percent of detainees were held for termsthree to five times longer than necessary while awaitingsentencing. To strengthen the law enforcement authorities'ability to combat organized crime, President Yeltsin issued twodecrees in June, giving them power to detain suspects withoutcharges and without access to a lawyer for 30 days, and toconduct warrantless searches and seizures. Law enforcementauthorities are credibly reported to rely on these decrees toavoid abiding by relevant constitutional provisions.The present judicial and criminal investigative systems lackthe resources to deal with the continuously increasing numberof cases. According to the Society for the Guardianship ofPenitentiary Institutions, due to the Government's inability toimplement a functioning system of release on bail, by the endof 1994 authorities held a total of 250,000 people in pretrialdetention centers. This amounted to 25 to 30 percent of thetotal prison system's population.The constitutional right to judicial review of detention within48 hours of arrest is frequently ignored. Russian human rightsmonitors have documented evidence from interviews withdetainees that the few who are aware of their rights andcomplain of violations are subjected to beatings.Nevertheless, about one in six cases of arrest is now appealedto the courts, and judges release one in six of these ongrounds of insufficient evidence or breach of procedure.The Constitution provides for legal assistance for theindigent, but in practice the indigent receive littleassistance. Local governments lack sufficient funds to pay fortrial attorneys representing the indigent. e. Denial of Fair Public TrialIn the last 3 years, the Government made substantial efforts toreform the criminal justice system and judicial institutions.Despite these efforts, judges are only now beginning to throwoff the Soviet legacy to assert their constitutionally mandatedindependence from other branches of government.The courts of general jurisdiction, or civil courts, areundifferentiated as to function and consider criminal, civil,and juvenile cases, although a separate court system dealingwith commercial cases exists. Civil courts are organized onthree levels: district courts, which try the overwhelmingmajority of cases; regional courts, which operate at theprovincial level; and a Supreme Court centered in Moscow. Allmay act as a court of first instance, depending on the natureand seriousness of the crime.While the Constitution prescribes the separation of powers andthe complete independence of the judiciary, judges in practiceare totally dependent on the Ministry of Justice for courtinfrastructure and financial support and on local authoritiesfor their housing.Prosecutors, like the courts, are organized into offices at thedistrict, regional, and federation levels. They are ultimatelyresponsible to the Prosecutor General, who is nominated by thePresident and confirmed by the Federation Council. AlekseyIlyushenko, twice nominated by the President for the position,was denied confirmation by Parliament in 1994 but neverthelesscontinued to serve in an acting capacity. Apart from regionswhere adversarial jury trials have recently been introduced,prosecutors remain very influential in the conduct of courtproceedings. Prosecutors supervise criminal investigations,which are usually conducted by the MVD.Criminal cases at the district and regional court levels aretried by a panel consisting of 1 judge and 2 lay assessors,or--in the 9 (out of 89) regions where by year's endadversarial jury trials have been introduced--defendants inserious criminal cases may elect to have their cases tried by ajury. Trials are public except when government secrets are atissue. (See Section 2.d. regarding Mirzayanov case.)Defendants are required to attend their trials unless they havebeen accused of a minor crime not punishable by imprisonment.They may confront witnesses and present evidence. The courtappoints 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, enactedmany legal reforms, both the Government of the RussianFederation and regional governments failed to fund theirimplementation adequately. According to a Ministry of Justiceofficial, only one-third of the $600,000 (1.5 billion rubles)promised in 1994 for judicial reforms was allocated, andinflation turned the rest into "a pile of kopeks." As aresult, the widespread reintroduction of adversarial juries isnot taking place according to schedule because courts are notbeing 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 reformedor changed, but persons previously convicted continue to beimprisoned. The Society for the Defense of ConvictedBusinessmen and Economic Freedoms is aware of a number ofprisoners incarcerated for economic crimes, although the numberin 1994 is much less than in 1993, when there were tens ofthousands of such people. The Criminal Codes are still in theprocess of being revised, but already such crimes asbribe-taking, currency speculation, and embezzlement carrypenalties 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 thereare few, if any, persons still imprisoned for sodomy since therepeal of the sodomy law in 1993 and the enactment of Article54 of the Russian Constitution which states in part "ifliability for an offense has been lifted or mitigated after itsperpetration, the new law shall apply." Nevertheless, theSociety added that many homosexuals were imprisoned for crimesother than or in addition to sodomy and, therefore, were notreleased when the law was repealed (though their prison termsmay 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 theprosecution. For example, the constitutionally mandatedpresumption of innocence is often disregarded, and defendantsare expected to prove their innocence rather than prosecutorsproving guilt. Moreover, rates of conviction remain above 99percent, as opposed to the 16-percent acquittal rate amongjuries. Judges--fearing that an outright acquittal will resultin a prosecutorial appeal--frequently send cases back to theprosecutor for "additional investigation." This greatlyincreases defendants' time spent in pretrial detention.The right to an attorney during pretrial questioning is oftenoverlooked. Many defendants refute testimony given in pretrialquestioning, stating that they were denied access to anattorney, or that they were threatened or beaten and only saidwhat they thought the authorities wanted to hear (up to a fullconfession) so that the abuse would stop. Nevertheless,Russian human rights monitors have documented cases in whichconvictions were obtained on the basis of the original, illegaltestimony (after the defendant refuted that testimony incourt), and even in the absence of other proof of guilt.Criminal defendants, and prosecutors in nonjury trials, havethe right of appeal. In practice, however, superior courtslack the authority to overturn decisions of a lower court andmay only mandate that the case be retried. The lower court canretry the case on the same evidence, reach the same decision,and--since there is no legal limit to the number ofappeals--the dissatisfied party can appeal again. The system,however, is heavily weighted against appeals because (1) theprosecution and the courts have a vested interest in clearingthe backlog of cases, and (2) defendants prefer prisons, wherebetter conditions prevail, over pretrial detention centers.(See Section 1.c. for a description of conditions in prisonsand pretrial detention centers.)In a notable assertion of judicial authority, in what isbelieved to be the first time in Russian history, a Russiancourt awarded an individual compensation for an arbitrary actcommitted against him by the State. In March charges ofrevealing state secrets were dismissed against Vil Mirzayanovwho had passed information to the Western press concerningRussian violations of international chemical weaponsconventions. In June a court heard Mirzayanov's suit fordamages against the Russian Government and ordered theprosecutor's office and Mirzayanov's former employer to pay himabout $15,000 (30 million rubles) in damages because ofmalicious prosecution.This victory was short-lived, however, as a Moscow city courtin July overturned the decision to award damages. After morelegal maneuvering between the two courts with jurisdiction overthe 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 identifiabledefendant in the case. In October the research institute whichformerly 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. Mirzayanovexpects the court to try the case in January 1995. (See</text>
</content>
<name>Russia </name>
<script></script>
</card>
card_58501.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: QATAR HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 QATARQatar, 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Extrajudicial KillingThere were no reports of political or extrajudicial killing. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere 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 ExileThe 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 TrialThere 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 PressThe 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 AssociationThese 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 ReligionThe 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 RepatriationThere 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 GovernmentCitizens 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 RightsLocal 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 WomenThe 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. ChildrenThere is no pattern of societal abuse of children. National/Racial/Ethnic MinoritiesThe 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 MinoritiesNon-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 DisabilitiesThe 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 AssociationThe 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 CollectivelyWorkers 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 LaborThe 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 ChildrenMinors 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 WorkThere 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.</text>
</content>
<name>Qatar </name>
<script></script>
</card>
card_58126.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: PORTUGAL HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 PORTUGALThe 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no known instances of government-sanctioned political or other extrajudicial killings. No killings were attributed to any domestic terrorist groups. b. DisappearanceGovernment or police authorities do not abduct, secretly arrest, or otherwise illegally detain persons. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileUnder 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 TrialPortugal 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 CorrespondenceThe 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 PressFreedom 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 AssociationThe 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 ReligionPortugal 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 RepatriationThe 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 GovernmentPortugal 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 RightsLocal 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 StatusThe Constitution forbids discrimination based on ancestry, sex, race, language, territory of origin, religion, political or ideological convictions, education, economic situation, or social condition. WomenWomen'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. ChildrenThe 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 MinoritiesThe 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 DisabilitiesThere 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 AssociationWorkers 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 CollectivelyUnions 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 LaborForced labor is prohibited and does not occur. d. Minimum Age for Employment of ChildrenThe 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 WorkMinimum-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 andhealth, 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.</text>
</content>
<name>Portugal </name>
<script></script>
</card>
card_57914.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: POLAND HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationAll workers, including the police and frontier guards, have thelegal right to establish and join trade unions of their ownchoosing, the right to join labor federations andconfederations, and the right to affiliate with internationallabor organizations. Independent labor leaders reported thatthese rights were largely observed in practice. As few as 10persons may form a trade union, and 30 may establish a nationalunion. Unions, including interbranch national unions andnational interbranch federations, must be registered with thecourts. A court decision refusing registration may be appealedto an appeals court. As of September, 223 national unions wereregistered.The Independent Self-governing Trade Union (NSZZ) Solidarity isaffiliated with the International Confederation of Free TradeUnions and the World Confederation of Labor. Solidaritymembership has fallen below 2 million (with roughly 80 percentpaying dues). Spinoffs from mainstream Solidarity include theChristian Trade Union Solidarity, Solidarity '80, and amilitant rival which broke away to form "August '80."Solidarity '80 split into two rival factions in June. Thereare 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 1984as the sole legal alternative to the then-repressed NSZZSolidarity, the ex-official miners' union, and the teachers'unions (ZNP). The OPZZ claims a membership of 4.5 million, afigure independent observers reject as highly inflated. TheSejm's passage in August of an overhauled collective bargaininglaw did not require that a trade union be "representative,"with its membership figures verified and its finances based ondues-paying members, in order to be considered a legalnegotiating partner. As a result, Solidarity continued toboycott some negotiations with the OPZZ on the grounds that thelatter's membership figures exaggerated its strength at thebargaining table.There was no resolution in 1994 of the longstanding disputeover Solidarity assets seized during the martial law period andstill administered by the OPZZ. In June Solidarity formallyprotested the lack of progress to the International LaborOrganization (ILO). In April the European Trade UnionConfederation declined to cooperate with the OPZZ, largelybecause of the outstanding assets dispute.Polish trade union organizations operate independently of statecontrol and are active in politics. In alliance with theSocial Democrats of the Republic of Poland, the OPZZ, the ZNP,and several others maintain a strong, 60-seat presence in theSejm under the banner of the SLD. The Solidarity trade unionhas a 11-member caucus in the Senate, while the trade unionwing of the Confederation of Independent Poland, Kontra, has 1deputy in the Sejm.The 1991 Trade Union Act prescribes a lengthy process before aunion may call a strike. In August the Government announced itwould seek to shorten this process. The law, when strictlyadhered to, provides several opportunities for employers tochallenge a pending strike, including the threat of legalaction. An employer must start negotiations the moment adispute begins.Negotiations end with either an agreement between the partiesor a protocol describing their differences. If negotiationsfail, a mandatory mediation process ensues; if mediation fails,the trade union may launch a warning strike for a period of upto 2 hours or seek arbitration of the dispute. Both employersand employees have frequently questioned the impartiality ofthe mediators.A full-fledged strike may not be launched until 14 days afterthe dispute is announced (strikes are prohibited entirely inthe Office of State Protection, and in units of the police,firefighters, military forces, prison services, and frontierguards). The union may call a strike after approval by amajority of voting workers, announcing it at least 5 days inadvance. If the strike is organized in accordance with thelaw, workers retain their right to social insurance benefitsbut not pay. If a strike is "organized contrary to theprovisions of the law," workers may lose social benefits, andorganizers are liable for damages and may face civil chargesand fines. Laws prohibiting retribution against strikers arenot consistently enforced; the fines imposed as punishment areso minimal that they are not effective sanctions againstillegal 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 marketeconomy. In August the Government sent a revised labor code tothe Sejm, in effect abandoning the landmark February 1993 "Pacton State Enterprises" which had set forth a detailed frameworkfor dealing with labor-related issues and to which the unions,employers, and Government had agreed. In September theGovernment announced it would send legislation to the Sejmproposing important changes in existing laws governing tradeunions, employers, and the resolution of labor disputes. Itsaim is to establish the legal framework governing all aspectsof work in a market economy and to bring Polish laws into linewith ILO conventions and European Union practices. In theinterim, legal ambiguities continued, leading to some labortensions, including a 9-week protest campaign in the spring ledby Solidarity and a 48-day strike at the Huta Lucchini steelmill in Warsaw. b. The Right to Organize and Bargain CollectivelyThe 1991 law on trade unions and the resolution of collectivedisputes generally created a favorable environment to conducttrade union activity. In August the Government announced itsintention to reduce some employer-provided, union-related costsin enterprises with a large number of unions (some as many as50).Weaknesses in the 1991 law included inadequate sanctions forantiunion discrimination and no explicit prohibition oflockouts. The law also lacked specific provisions to ensurethat a union has continued rights of representation when astate firm undergoes privatization, commercialization,bankruptcy, or sale. Labor leaders claimed that this ambiguityled to underrepresentation of unions in the large and growingprivate sector. There were also a number of confirmed cases inwhich Solidarity activists were dismissed for labor activitypermitted under Polish law, including organizing strikes.Unions, management, and workers' councils currently set wagesin ad hoc negotiations at the enterprise level. Whencollective agreements have been reached at the national orbranch level, they have routinely been ignored or overtaken byenterprise-level disputes. Nevertheless, collective bargainingas a system of industrial relations is expected to encompass anever larger percentage of the work force. By year's end, bothunions and employers were preparing themselves for such arelationship. The Government repeatedly stated its intentionnot to be drawn into labor disputes.The Government continued its effort to link wages to increasedproductivity and reduce inflationary pressures in the statesector; the so-called neo-popiwek tax penalty was imposed onany firm which increased its average wage in excess of agovernment-set "coefficient." Both Solidarity and the OPZZchallenged the tax in the Constitutional Court. The lawproviding for the excess wage tax was due to expire at the endof 1994.Current government policy aims to liberalize investmentprocedures for both domestic and foreign firms rather thanpromote special incentive programs. Special duty-free zonesexist in or have been contemplated for some 15 to 20 locationsthroughout Poland but, with the exception of a zone in Poznanand another in Mielec (in southeastern Poland), have notattracted much attention. Thus, traditional export processingzones 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 itsearly stages of development. c. Prohibition of Forced or Compulsory LaborCompulsory labor does not exist, although it is not prohibitedby law. d. Minimum Age for Employment of ChildrenThe Labor Code forbids the employment of persons under the ageof 14. Persons aged 15 to 18 may be employed only if they havecompleted basic schooling and if the proposed employmentconstitutes vocational training and is not harmful. The agefloor rises to 18 if a particular job might pose a healthdanger. The Government enforces legal protection of minors,but its inability to monitor the growing private sector, whichnow accounts for some 60 percent of all employment, leavesofficials less certain that the problem does not exist. e. Acceptable Conditions of WorkA national minimum wage is negotiated every 3 months by theMinistry of Labor and Social Policy and the trade unions.Minimum monthly wages for employees of state-owned enterpriseswere roughly $105 (Zl 2,400,000) at the October 1 exchangerate, which was insufficient to provide a worker and family adecent standard of living. The minimum monthly wage has theforce of law, but a significant number of foreign guest workersreceived less than the minimum, especially in the constructionand agricultural sectors. The average gross monthly wage roseto roughly $220 (Zl 5,080,000). Despite several recent annualincreases 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 ofworkers' health and safety. Enforcement is a growing problembecause the State Labor Inspectorate is unable to monitor theever-increasing portion of economic activity that is in privatehands and where a growing percentage of accidents take place.In addition, there is a lack of clarity concerning whichgovernment or legislative body has the responsibility forenforcing the law. Of the 103,073 cases of work-relatedaccidents that were reported in 1993, 655 involved deaths.This represents 9 accidents per 1,000 workers, a slight upwardtrend since 1992. The Government itself has noted that workconditions are poor and sanctions minimal. Standards forexposure to chemicals, dust, and noise are routinely exceeded.</text>
</content>
<name> </name>
<script></script>
</card>
card_57666.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: POLAND HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 POLANDFive years after the fall of Communism, Poland is aparliamentary democracy based on a multiparty political systemand free and fair elections. The popularly elected President(Lech Walesa) shares power with the Prime Minister, the Councilof Ministers, and the bicameral Parliament.The Government, composed of a coalition of the Democratic LeftAlliance (SLD), a successor to the former Communist party, andthe Polish Peasant Party, a successor to the United PeasantsParty fellow travelers of the Communist era, enjoyed acomfortable majority in both houses of Parliament. PrimeMinister Waldemar Pawlak of the Peasant Party heads theGovernment.The Polish armed forces and the internal security apparatus aresubject to governmental authority and are under civiliancontrol. The precise division of authority over the militarybetween the President and Prime Minister continued to be thesubject of debate in 1994 and will probably be addressed aspart of the new constitution being drafted by Parliament.In 1994 Poland's fledgling market economy registered moderategrowth (4.5 percent), and its level of exports increasedsignificantly. While unemployment has declined compared toprevious years, it still stands at 16 percent, caused in partby the restructuring or closing of large state enterprises.Unemployment has disproportionately affected women and youngerand semiskilled workers and brought discontent among Poles whobelieve that the rapid transition to a market economy has leftthem worse off than before.The National Assembly (the Sejm and the Senate jointly) formeda constitution-drafting committee, which began its work during1994. In May the Parliament approved and the President signeda bill permitting citizens to submit drafts for a constitutionfor consideration. The Solidarity Union submitted such a draftin September, successfully meeting the law's requirement for500,000 petition signatures. The National Assembly formallybegan consideration of that draft and others submitted by thePresident, the Senate, and five political parties inSeptember. There is no legal deadline for completion of workon the new constitution, but the chairman of the draftingcommittee proposed completing work in early 1995 and submittinga draft to a national referendum in the spring of 1995.In April the Sejm ratified two human rights protocolsaccompanying the European Convention for the Protection ofHuman Rights and Fundamental Freedoms. One of the protocolscalls for respect for property rights, including movable goods,real estate, intellectual property, and securities. The otherstates that parents have the right to bring up their childrenin compliance with their own religious and philosophicalbeliefs.Some infringements on the rights of free speech and assemblycontinued in 1994. Both the parliamentary opposition and mediaorganizations vigorously opposed a draft law in Parliament thatthey saw as tending to revive censorship and incorporating toobroad an interpretation of those official secrets requiringprotection. The lack of opportunity for women in the labormarket remains a fact of life, despite some signs ofimprovement in recent years.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of politically motivated killings. Thetrial of the two Communist-era high-ranking secret policeofficers, Wladislaw Ciaston and Zenon Platek, charged withordering the 1984 murder of Father Jerzy Popieluszko, ended inacquittal for lack of evidence. Grzegorz Piotrowski, a formerPolish security police captain jailed for the murder ofPopieluszko, was released on parole in October. Aninvestigation into the alleged beating to death of two homelesspersons by the police, launched in 1993 by the Warsawprosecutor, was still not complete. b. DisappearanceThere were no reports of abductions, secret arrests, orclandestine detention by police or official security forces. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere were no reported incidents of torture, but policeallegedly used excessive force while arresting foreigners inincidents at the Warsaw train station in October.Parliament passed a law in August limiting the possibility thata person may be committed to a mental institution against hisor her will and outlining specific procedures to be followed ininstances of involuntary commitment. d. Arbitrary Arrest, Detention, or ExileThere were no reports of arbitrary arrest or detention. Polishlaw allows a 48-hour detention period before authorities arerequired to bring formal charges, during which detainees arenormally denied access to a lawyer. Once a prosecutor presentsthe legal basis for a formal investigation, the law providesthe detainee access to a lawyer. A detainee may be held under"temporary" arrest for up to 3 months and may challenge thelegality of his arrest through appeal to the district court. Acourt may extend this pretrial confinement period every 3months until the trial date. Bail is available, and humanrights organizations reported that most detainees were releasedon bail pending trial.There is no exile. e. Denial of Fair Public TrialPoland has a three-tier court system, consisting of regionaland provincial courts and a Supreme Court which is divided intofive divisions--military, civil, criminal, labor, and family.Judges are nominated by the National Judicial Council andappointed by the President. (Judges are appointed to the benchfor life and may be reassigned but not dismissed, except by adecision of the National Judicial Council. The judicial branchis independent of the executive branch. The ConstitutionalTribunal may offer opinions on legislation but has no authorityto impose its decisions. It is elected by the Sejm, which mayoverrule the Tribunal's findings.All defendants are presumed innocent until proven guilty. Atthe end of a trial, the court renders its decision orally andthen has 7 days to prepare a written decision. A defendant hasthe right to appeal a decision within 14 days of the writtendecision. Appeals may be made on, among other grounds, thebasis of new evidence or procedural irregularities.Criminal cases are tried in regional and provincial courts by apanel consisting of a professional judge and two layassessors. The seriousness of the offense determines which isthe court of first instance. Once formal charges are filed,the defendant is allowed to study the charges and consult withan 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 maypresent 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 somecircumstances, such as divorce cases, trials in which statesecrets 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 InteriorMinistry for failing to allow the prosecutors' offices andcourts access to evidence classified as a state secret. TheOmbudsman described this behavior as obstructing the citizens'right to a fair trial. The trial of former secret policeofficer Adam Humer was still in progress at year's end. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Government does not arbitrarily monitor private mail ortelephones. There is no Polish legislation that guarantees theright to privacy, although Poland has signed the EuropeanConvention on Human Rights, which provides for that right.Poles do have the legal right to privacy of correspondence, andthere was no evidence of violations.The Government introduced draft legislation in Parliament inSeptember which would give the police the power--with thepersonal approval of the chief prosecutor and the InteriorMinister--to monitor private mail and telephone conversationsin cases involving serious crimes, drugs, money laundering, orillegal arms sales. The parliamentary opposition soughtassurances that these expanded police powers would be subjectto appropriate human rights safeguards but generally supportedthe need to expand the police force's ability to combat crime.Polish law forbids arbitrary forced entry into homes. Searchwarrants issued by a prosecutor are required in order to enterprivate residences. In emergency cases when a prosecutor isnot immediately available, police may enter a residence withthe approval of the local police commander. In the most urgentcases, in which there is not time to consult with the policecommander, police may enter a private residence after showingtheir official identification. There were no reports thatPolish police abused search warrant procedures in 1994.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressAlthough these freedoms are generally provided for in theConstitution, they are subject to some restriction in law andpractice. Polish citizens may generally express their opinionspublicly and privately. Article 270 of the Penal Code, however,states that anyone who "publicly insults, ridicules, and deridesthe Polish nation, Polish People's Republic, its politicalsystem, or its principal organs is punishable by between 6months and 8 years of imprisonment." Article 273 imposes aprison term of up to 10 years on a person who commits any ofthe acts prohibited by Article 270 in print or through the massmedia. Speaker of the Sejm Jozef Oleksy called in 1994 forrevisions of these sections of the Constitution in order toensure it complied with the European Convention on Human Rightsin relation to freedom of speech. Polish neo-Fascist activistBoleslaw Tejkowski was convicted in October of insulting Polishauthorities, the Jewish minority, the Pope, and Polish bishopsand received a 1-year suspended sentence.The Penal Code stipulates that offending religious sentimentthrough public speech is punishable by a fine or a 2-yearprison term. An August cover of the popular weeklynewsmagazine, Wprost, which showed an image of the BlackMadonna and Child in gas masks to protect themselves fromenvironmental pollution, raised a strong reaction amongPoland's Catholic community, resulting in several legalcomplaints and demands from Catholic extremists that themagazine cease publication, prompting the editor to issue anapology.The print media in Poland are uncensored and independent,although they may be subject to prosecution under the PenalCode provisions described above. A proposal by someparliamentarians in June to create a national press councilawakened concerns about the possible return of censorship insome form, and the idea was quietly dropped.The Government owns a controlling interest in one majornewspaper, which serves as the semiofficial newspaper ofrecord. It does not restrict the establishment of privatenewspapers. Journals also appear regularly on newsstands.Books expressing a wide range of political and socialviewpoints are widely available, as are foreign periodicals.Poles have access to foreign publications and foreign radiobroadcasts.The parliamentary opposition expressed strong concern overprovisions in a draft law on the protection of state andofficial secrets presented to the Parliament in September whichwould make journalists and private citizens liable to prisonterms for up to 10 years for disclosure of state secrets,broadly defined to include both military and governmenteconomic activity. The opposition contends the law wouldunduly restrict the public's freedom of information. After amajor outcry from the press, consideration of the law wasdeferred pending approval of a new constitution.Organized crime in Poland's larger cities poses a threat toreporters: a journalist who covered organized crime wasattacked in Gdansk during the summer, and in August thecafeteria of the Poznan offices of Gazeta Wyborcza, aninfluential daily, was bombed after the paper published aseries of exposes about organized crime.The National Broadcasting Council (NBC) supervises programmingon public television, allocates broadcasting frequencies andlicenses, and apportions subscription revenues. The Councilmay interpret these very broad prerogatives at its discretion.In order to encourage the NBC's apolitical character, the nineNBC members are obliged under the law to suspend any membershipin political parties or public associations. However, theywere chosen for their political allegiances and nominated bythe Sejm, the Senate, and the President following politicalbargaining, raising serious questions about the independence ofbroadcasting from government influence. Private broadcasterswere concerned that the awarding of licenses for the limitednumber of broadcast frequencies available could be politicallymotivated. After the awarding of the first nationwidetelevision license, President Walesa withdrew his support fromhis three nominees and removed his nominee from the chair. ThePresident's right to intervene was taken to the ConstitutionalTribunal, and after a court decision the three remained on theboard, and Walesa named one of them chairman.The NBC granted a nationwide concession for a privatetelevision network to the Polsat corporation in February;competitors alleged that the decision was legally flawed, andsome charged it was taken under undue political influence. InAugust the Government closed down 6 of 12 stations which thePolonia 1 network operated without authorization (in theabsence of a law on broadcasting) since 1992, charging that thestations were operating on frequencies assigned to themilitary. The foreign owner of Polonia 1, who competedunsuccessfully for the national television concession, claimedthe action was politically motivated. Polonia continued tooperate six other local television stations, for which it hadoutstanding concession applications, and to broadcast to Polandvia satellite from abroad.The broadcasting law stipulates that programs should notpromote activities that are illegal or against Polish statepolicy, morality, or the common good. The law also requiresthat all broadcasts "respect the religious feelings of theaudiences and in particular respect the Christian system ofvalues." The law does not fully define the term "Christianvalues." Since the NBC has the ultimate responsibility forsupervising the content of programs, these restrictions couldbe used as a means of censorship. The penalty for violatingthis provision of the law is up to 50 percent of abroadcaster's annual fee for the transmission frequency, plusthe prospect of having the license withdrawn or experiencingdifficulty in renewing the license when it expires.In March the Constitutional Tribunal declared that there was nocontradiction between broadcasting law regulations, whichprescribe respect for the Christian system of values inparticular, and regulations concerning the pluralism of thepublic media and freedom of speech. In its verdict theTribunal stated that respect for Christian values was nottantamount to their propagation. Observers concluded that theruling made self-censorship more likely and left publishers andbroadcasters with the threat of legal action if any individualfeels his or her Christian values have been violated. In June,acting on the request for an opinion by 89 deputies from theSLD, the Constitutional Tribunal confirmed that the requirementthat broadcast programs "respect the Christian system ofvalues" was constitutional.The daily news editor of the main state television's eveningnews program was punished in May with a 1-month suspension fromhis duties for neglecting to broadcast anything about PresidentWalesa's visit to Estonia. The action was taken after thePresident's spokesman strongly protested the news program'sfailure to cover the visit.Academic freedom is respected in Poland. b. Freedom of Peaceful Assembly and AssociationPoles may gather together formally and informally to promotenonviolent causes and to protest government policies. Permitsare not necessary for public meetings but are required forpublic demonstrations; demonstration organizers must obtainthese permits from local authorities if the demonstration mightblock a public road. For large demonstrations, organizers arealso required to inform the local police of the time and placeof their activities and their planned route. Every gatheringmust have a chairperson who is required to open thedemonstration, preside over it, and close it. Majordemonstrations of 20,000 to 40,000 protesters, organized by theSolidarity trade union in Warsaw in February and May, tookplace without incident.In August a group led by Rabbi Avraham Weiss protested withoutincident the placement of religious symbols and the existenceof a Roman Catholic chapel on the grounds of the formerconcentration camp Auschwitz-Birkenau.Private associations need governmental approval to organize andmust register with their district court. The procedureessentially requires the organization to sign a declarationthat it will abide by the laws of Poland. In practice,however, the procedure itself is complicated and may be subjectto the discretion of the judge in charge. In 1994 the courtsdenied an application for recognition from the PlayboyFoundation, organized to support minorities on the basis ofsexual preference, nationality, and ethnicity, on the groundsthat the Foundation did not promote Polish national interests.The application, pending at the end of 1993, of the Wehrmachtveterans in Bydgoszcz to form a legal association was approvedin 1994. c. Freedom of ReligionThe Constitution, as amended, provides for freedom ofconscience and belief, and citizens enjoy the freedom topractice any religion they choose. Religious groups mayorganize, select and train personnel, solicit and receivecontributions, publish, and engage in consultations withoutgovernment interference. There are no government restrictionson establishing and maintaining places of worship.More than 95 percent of Poles are Roman Catholic, but EasternOrthodox, Ukrainian Catholic, and much smaller Protestant,Jewish, and Muslim congregations meet freely. Although theConstitution provides for the separation of church and state,state-run radio broadcasts Catholic mass on Sundays. TheCatholic Church is authorized to relicense radio and televisionstations to operate on frequencies assigned to the Church. Itis the only body outside the NBC allowed to do so.Religious education classes continue to be taught in the publicschools at public expense. In June the Sejm passed aresolution postponing debate on ratification of the Concordatwith the Vatican, signed in 1993, until the completion of workon a new constitution. Critics of the Concordat have called onthe Church to guarantee that all church marriages will beregistered with civil authorities and to agree not to denyburial to non-Catholics in cemeteries it controls.Although Catholic Church representatives teach the vastmajority of religious classes in the schools, parents mayrequest religious instruction in any of the religions legallyregistered in Poland, including Protestant, Orthodox, andJewish. Such non-Catholic religious instruction exists inpractice, and instructors are paid by the Ministry of Education. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Government does not restrict internal or foreign travel.Citizens who have left Poland have no trouble returning. Thereare no restrictions on emigration.The Government generally cooperates with the United NationsHigh Commissioner for Refugees and other humanitarianorganizations in assisting refugees.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentPoles have the constitutional right and the ability to changetheir government. Poland is a multiparty democracy in whichall citizens 18 years of age and older have the right to voteand to cast secret ballots.Governmental power is divided between the President andParliament, which is composed of an upper house (the Senate)and a lower house (the Sejm). The Constitution provides forparliamentary elections at least every 4 years. The President,elected for 5 years, has the right to dissolve Parliamentfollowing a vote of no confidence or when Parliament fails topass a budget, and Parliament may impeach the President.Women comprise some 15 percent of parliamentarians. Of a totalof 17 ministries, only 1 is headed by a woman. One of threeVice Marshals of the Sejm is a woman. The electoral lawexempts ethnic minority parties from the requirement to win 5percent of the vote nationwide in order to qualify for seats inindividual districts.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Helsinki Committee, a major nongovernmental organization,conducted human rights investigations without governmentinterference in 1994. Members of the Committee reported thatthe Government displays a generally positive and helpfulattitude towards human rights investigations.Two governmental organizations monitor human rights in Poland.The Office of the Commissioner for Civil Rights Protection (theOmbudsman), established in 1987, is an independent body withbroad authority to investigate alleged violations of civilrights and liberties. The Ombudsman has no legislativeauthority and is sworn to act apolitically. He registers eachcase that is reported to his office and files grievances, whereappropriate, with the relevant government office.The second governmental institution, the Senate Office forIntervention, investigates a wide range of grievances. Inaddition to responding to grievances, it may also investigatejudicial proceedings. Created in 1989, the Office conductsinvestigations and refers legitimate cases to senators whom theinvestigator feels will be sympathetic to the grievance,regardless of their district or political affiliation. If asenator does not wish to become involved in the case, theOffice presents it to another senator or senators until itfinds one willing to pursue the matter. The Office does notrelease public reports.There are no restrictions on visits by internationalorganizations.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusDiscrimination is generally prohibited by the Constitution,with specific clauses providing equal rights to women andreligious minorities. WomenThe Constitution provides for equal rights regardless of sexand accords women equal rights with men in all fields ofpublic, 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 lowerlevel positions, are discharged more quickly, and are lesslikely to be promoted than men. There are no laws providinglegal redress for women subject to such discrimination or tosexual harassment at the workplace.Although women are employed in a broad variety of professionsand occupations, and a few women occupy high positions ingovernment and in the private sector, legal barriers, such asclauses in social insurance law limiting child sick carebenefits to women only and early retirement for women,encourage discrimination in hiring.Polish law does not address equality in hiring practices (thereare no legal penalties for discriminatory hiring practices),and advertisements for jobs frequently indicate a preferenceaccording to sex. Women remain banned from working in 90occupations in 18 fields of industry, health care, forestry,agriculture, and transportation, but unions support the effortsof women to gain entry into these occupations. The rise inunemployment and other social changes accompanying economicreforms and restructuring have hit women harder than men.Recent statistics suggest, however, that the unemployment gapbetween the sexes may be narrowing as general economicconditions improve.Violence against women continued to be a problem in Poland,with occasional reports in the press of wife beating andspousal rape. Centrum Kobiet, a women's group, commissioned astudy which indicated that nearly 20 percent of married Polishwomen had been struck by their husbands on at least oneoccasion. Police do intervene in cases of domestic violence,and husbands may be convicted for beating their wives. A firstoffender is put on probation, while the penalty for a secondoffense is from 8 to 12 months in prison. ChildrenNo special laws exist to ensure the protection of children.Child abuse is rarely reported, and convictions for child abuseare even rarer.There are no procedures in schools to protect children fromabuse by teachers; in fact, the teachers' work code guaranteesa teacher legal immunity from prosecution for the use ofcorporal punishment in classrooms. National/Racial/Ethnic MinoritiesAccording to the leaders of the Roma community, the Roma faceddisproportionately high unemployment and were more negativelyaffected by the current economic changes and reforms than wereethnic Poles. Although the Catholic Church-sponsored schoolfor Roma children in Suwalki has enjoyed limited success, theopening of a local school for Roma in Debica was delayedfollowing an attack by hooligans on a Roma boy in November.As a result of ethnic tensions between Poles and the minorityGermans, there was a flurry of skinhead attacks against Germanmotorists in 1992. Six skinheads arrested in Krakow forassaulting German motorists and for the murder of a Germantruckdriver that year were sentenced at the end of January toprison terms ranging from 3 to 5 years. Religious MinoritiesLegislation adopted in 1994 placed the Protestant churches inPoland on the same legal footing as Catholic and Orthodoxchurches. The Protestants now have the same opportunity toclaim restitution of property lost during the Communist era andbenefit from the same tax reduction as that granted to theOrthodox and Catholic churches. This law covers only churchproperty seized by the People's Republic of Poland andconsequently does not address either the issue of privateproperty or Jewish religious property seized during World WarII.No violent anti-Semitic incidents were reported in 1994. Thereare no significant anti-Semitic parties, although there isoccasional anti-Semitic rhetoric at political rallies anddemonstrations. Both local and international Catholic-Jewishrelations remained somewhat strained by the continued presenceof a large cross and a chapel at Auschwitz-Birkenau.There were isolated racially motivated incidents, including thepainting of a swastika on a church building in Szczeczin. People with DisabilitiesIn 1991 the Government passed a number of laws protecting therights of people with disabilities. Implementation, however,falls short of the rights set forth in the legislation. Publicbuildings and transportation are generally not accessible topeople with handicaps.</text>
</content>
<name>Poland </name>
<script></script>
</card>
card_57570.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: THE PHILIPPINES HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThere are virtually no legal restrictions on freedom ofexpression or speech. The Government generally respectsfreedom of the press, and courts are consistent in theirprotection of the media. There are some 25 privately ownednewspapers in Manila and many more in the provinces that coverthe political spectrum and freely criticize the Government.(Most are owned or controlled by politicians and prominentbusinessmen.) Radio and television also enjoy considerablefreedom. Communist publications became legal with the repealof the Antisubversion Law in 1992. Journalists were ablewithout legal penalty to meet and interview both Communistinsurgents and military rebels.The press, however, continues to face hazards in reporting ongambling, illegal logging, governmental corruption, and thedrug trade. The dangers are greatest outside Manila wherepowerful vested interests involved in such activities sometimesemploy violence to discourage media exposes. The journalistsat risk are primarily radio broadcasters whose public affairsprograms reach a much wider audience than either newspapers ortelevisions. The Philippine Movement for Press Freedom (PMPF),an NGO, reported that in the first 8 months of 1994 threejournalists, two of them radio broadcasters, were killed. ThePMPF also reported several cases of journalists being assaultedor harassed, usually by local police or employees of localpoliticians.The Government respects academic freedom in theory andpractice. It does not censor subject matter in classes,university publications, or conferences. b. Freedom of Peaceful Assembly and AssociationThe law requires permits from local authorities for outdoordemonstrations in public places and these are routinelyissued. Nevertheless, rallies and marches are often heldwithout permits. Some of them are forcefully broken up whenthey interfere with traffic or are otherwise disruptive.Private, professional, religious, social, charitable, labor,and political organizations are permitted to affiliate withrecognized international bodies in their fields.An exception to this rule was the Asia Pacific Conference onEast Timor held in late May at the University of thePhilippines. In an unsuccessful effort to lower the profile ofthe Conference, particularly after Indonesian expressions ofconcern, the Government banned over 30 conference delegatesfrom entering the country, including a Nobel laureate and thewife of the French President. The conference was nearlycanceled when a trial court ruling by a military judge bannedit. However, the Conference, minus the banned delegates, washeld after a last minute decision by the Supreme Court thatcited constitutional guarantees of freedom of speech andassembly. c. Freedom of ReligionThe Government respects freedom of religion and does notdiscriminate against any religious group or its members. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationFilipinos enjoy the freedom to change their place of residenceand employment within the Philippines. Movement within thecountry is largely unimpeded. With rare exceptions, such aspending court cases, Filipinos are allowed to travel and workabroad.The Government for years provided first asylum to Indochineseboat people, allowed the United Nations High Commissioner forRefugees (UNHCR) immediate access, and managed the refugeestatus determination process (screening) in accordance with theComprehensive Plan of Action (CPA) agreed on in Geneva in1989. As a result of completion of the screening process andthe June CPA steering committee meeting held in Bangkok, theGovernment announced the closure of all refugee and asylumseeker camps in the Philippines by the end of 1994. Thisdecision was made in compliance with a resolution of the CPAmeeting calling for termination of the CPA and repatriation ofthe estimated 48,000 nonrefugees in the region by the end of1995.By October 1, there were approximately 4,500 Vietnamese asylumseekers remaining in the Philippines, of whom only about 1,500had been determined to be "refugees" pending resettlement inthird countries. The Government stated that it screened outindividuals (nonrefugees) who did not choose to acceptvoluntary repatriation and would be considered for "nonobjectororderly return" (the repatriation of individuals who have notpreviously volunteered but who will not necessarily object ifnotified 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 GovernmentCitizens have this right and exercised it in 1992. ThePhilippines has a multiparty political system with periodicfree elections based on universal suffrage for citizens. Inthe legislature, both the House of Representatives and theSenate are controlled by a loose progovernment coalition, whichdoes not always vote en bloc on contentious issues.Many irregularities in the voting and election process marpolitical freedoms. Multiple registrations of the same voter,nonexistent or dead voters, intimidation of voters, andextrajudicial killings of candidates and their supporters (seeSection 1.a.), as well as vote-buying, all occur. Theseproblems are more acute at the local level, as are politicaldynasties, which use some or all of the above methods tomaintain their grip on power.The estimated 2 to 3 million overseas contract workers (OCW's)represent a significant block of voters that is effectivelydisenfranchised. Advocates of the rights of OCW's in 1994began an effort to institute an absentee balloting program.There are no restrictions in law or practice on participationby women and minorities in politics. Twenty-three women servein the 215-seat House, 4 in the 24-member Senate, and 3 in theCabinet.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Philippines has an active and effective nongovernmentorganization community. There are many domestic human rightsNGO's, including the Task Force Detainees of the Philippines(TFDP), the Free Legal Assistance Group (FLAG) and thePhilippine Alliance of Human Rights Advocates (PAHRA). Thelatter organization represents numerous NGO's that monitorhuman rights conditions among various social and occupationalgroups. While these groups operate without governmentrestriction, they are often viewed with suspicion by themilitary and police. Some local civilian officials also havebeen uncooperative. Employees of human rights groups in thefield have encountered harassment (see Section 1.d.). A fewhave been killed in previous years, but there were no suchkillings reported in 1994.The Commission on Human Rights (CHR) is an independentgovernment organization and the largest human rightsorganization in the Philippines. In 1994 the CHR chaired 747public information and education activities, many of which weredesigned for audiences of military, police, and other publicofficials. Although it lacks prosecutory powers, it isconstitutionally mandated to investigate all alleged violationsof human rights. However, a January Supreme Court decisionlimited the CHR's powers to investigate civil and politicalrights. The CHR itself recognizes that it has an outdatedorganizational structure, budgetary constraints, and a need formore field offices. The CHR has been criticized for itslengthy and cumbersome procedures, its inefficiency, and itspractice of placing the burden of proof on complainants,despite the risk they may face of reprisals or their lack ofresources.Representatives of international human rights groups are freeto travel in the Philippines and investigate alleged abuses.Government officials routinely meet and discuss human rightsproblems with foreign governmental and nongovernmentorganizations.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution prohibits discrimination against women,children and minority groups. Implementation of allconstitutional guarantees is at times hindered by lack ofimplementing legislation and by budgetary constraints. WomenIn law but not in practice, women have most of the rights andprotections accorded men. The Women in Development and NationBuilding Act in 1992 terminated previous restrictions onwomen's rights to buy and sell property. However, theGovernment does not fully enforce this legislation.The Filipino people are overwhelmingly Roman Catholic. The lawdoes not allow divorce and women's rights advocates view thisas a major barrier to achieving the empowerment of women.Annulment of marriages is now fairly easy to achieve due tochanges in the Legal Code, and the practice has become morecommon. However, the cost of hiring a lawyer familiar with thenew Code precludes this option for many women. The practice of"unofficial divorce" (permanent separation) is common among thelower classes; in these cases, the wife is usually left withthe children, but the husband provides little or no support forthem.Women and girls in the lower economic strata are particularlyvulnerable to exploitation by unethical operators who promiseemployment overseas or arranged marriages with foreign men.Some of these women end up working as prostitutes or sufferingabuse at the hands of their foreign employers or husbands.While in years past the focus of attention was on abusedFilipino maids in Kuwait and other Gulf states, in 1994 thecondition of Filipino "entertainers" in Japan and theCommonwealth of the Northern Mariana Islands generatedconsiderable press attention. Either through internationaltrafficking syndicates or individual employers, Filipino womenwere often recruited to work abroad as maids, entertainers, ormodels and required to participate in public shows or danceswhere nudity and the prospect of sex was the principalattraction. Others, facing bleak employment prospects at home,accepted questionable jobs in the knowledge that they would berequired to engage in prostitution. In order to curb suchabuses, the Government campaigned to end illegal recruiting andraised the minimum age and educational standards for youngwomen seeking jobs abroad. It also expanded its labor attachecorps in countries with large overseas contract workercommunities and worked with foreign governments and NGO's toprovide more effective protection for Filipino workers at riskfor sexual or economic exploitation.Violence against women, particularly domestic violence, is aserious problem. The Women's Crisis Center, an NGO assistingabused and battered women, reported that it receives over 100calls a week from battered women in the metropolitan Manilaarea. Women's advocates point to poverty, double standards ofmorality, lack of laws on domestic violence, and a traditionalsocietal reluctance to discuss private family affairs, as someof the reasons for the prevalence of domestic violence. Nodivorce rights and the lack of job opportunities combine tolimit the ability of women to escape destructive relationships.Rape continues to be a major problem; its frequency isestimated as high as one every 6 minutes. The incidence ofreported rape, however, is estimated by the Philippine NationalPolice to be 20 percent or lower. Police said that reportedrape cases in the first quarter of 1994 increased 17 percentover the same period in 1993. Women's groups charge thataccused rapists are dealt with leniently by the male-dominatedlaw enforcement and judicial systems. According to women'sgroups, many women accept rape as part of the culture. Manyrape victims are minors, who accept incestuous relationships,rather than subject the family to public embarrassment.Proposed House legislation seeks to change the definition ofrape (classifying it as a crime against a person, i.e., apublic offense, rather than a crime against chastity, i.e., aprivate offense) and to expand the circumstances and conditionsin which rape is considered to have been committed. Theproposed laws, which face resistance in the House, would makemarital rape a crime. They would also allow a rape victim'sfamily or the state to file a complaint on her behalf. Thelaws do not, however, seek to increase the severity of thepenalties for this crime.In response to these problems, the PNP started the PNP Women'sDesk program designed to protect women against, and encouragethe reporting of, crimes against women. PNP stations includefemale officers trained in dealing with victims of sexualcrimes and domestic violence.In June a high profile case of sexual harassment involving twosenior government officials focused attention on sexualharassment in the workplace. A 1993 survey by the Institute ofLabor Studies found workplace sexual harassment to bewidespread, yet the problem is underreported due to victims'reticence and fears of losing their jobs. In September theSupreme Court upheld a decision that found sexual harassmentwas "valid cause for separation from service."Prostitution is illegal but widespread and a fact of life formany poorer Filipinos with limited access to a more acceptablecareer or standard of living. Penalties for prostitution arelight.Women also face discrimination in employment. Amongadministrative, executive, and managerial workers, the averagewoman's salary was only one-third of that of her malecounterparts. ChildrenSeveral government agencies have programs devoted to theeducation, welfare, and development of children.In 1994 the Commission on Human Rights opened its Child RightsCenter designed to monitor and investigate violations ofchildren's rights. Sweeping legislation was passed in 1992 toprotect children's rights, but the Government has notimplemented it due to lack of funding and its failure tocoordinate enforcement among the many agencies involved.Societal values that define children as extensions and propertyof the parents are a key factor in limiting children's rights.Courts tend to give precedence to parental authority over therights of a child.Many Filipino children face serious problems stemming fromwidespread poverty and the Government's inability to eradicateorganized abuses involving child labor and child prostitution.One children's rights organization estimates that there are upto 100,000 child prostitutes in the Philippines. Although theauthorities have staged some successful raids on brothels andmassage parlors, freeing underaged girls forced to work asprostitutes, the problem remains a large scale one.Street begging and truancy are common in large cities. The CHRestimates the number of street orphans in metropolitan Manilaat fewer than 1,000, but up to 100,000 destitute children spendmost of their waking hours on the streets.The rates of child abuse and beatings and child rape alarm theauthorities; several men have been sentenced to death for therape of their daughters. Many children have been orphaned orotherwise adversely affected by the ongoing insurgencies. Indigenous PeopleIndigenous peoples live throughout the Philippines butprimarily in the mountainous areas of Northern Luzon andMindanao. They account for 10 to 15 percent of thepopulation. Although no specific laws discriminate againstindigenous peoples, the remoteness of the areas they inhabitand a cultural bias against them tend to prevent their fullintegration into Philippine society. Their ability toparticipate meaningfully in decisions affecting their lands,cultures, traditions, and the allocation of natural resourcesis minimal. Because they inhabit mountainous areas favored byguerrillas, indigenous peoples suffer disproportionately fromcounterinsurgency operations. Indigenous children sufferdisproportionately from lack of basic services, such as healthand education facilities.Although the 1987 Constitution calls for the protection of theancestral lands and culture of indigenous peoples, theGovernment has not pushed for legislation to enforce theserights. What indigenous peoples regard as "developmentaggression"--the utilization of their lands for hydroelectricdams, mining operations, and other large-scale developmentprojects--often forces their relocation and the destruction offarming and hunting lands they have used for centuries. TheGovernment does little to secure indigenous peoples' claims tosuch lands. Nonetheless, in June the Government granted landrights for 108,000 hectares of land to 3,000 Bugkalot familiesin Quirino province. In addition, a Philippine Senator hasproposed the creation of a commission on ancestral domains toconserve the lands for the benefit of cultural minorities. National/Racial/Ethnic MinoritiesAlthough people of Chinese ancestry have extensivelyintermarried with other Filipinos and are relatively wellassimilated, there is a distinct Filipino-Chinese communitynumbering perhaps 1 to 2 percent of the population. Thisminority plays a prominent role in the national economy and isthe object of some resentment by the general population. Asnoted in Section 1.b., the Chinese have been a primary targetof kidnaping for ransom. In 1994 Filipino-Chinese businessmenwere also the targets of an extortion scheme involving judgesand customs officials. The judges issued false search warrantsto the customs officials who, upon serving the warrants,offered to accept bribes to fix the matter. Religious MinoritiesMuslims, who comprise about 5 percent of the total populationand are reside principally in Mindanao and adjacent islands,constitute the largest minority group in the country. Theyhistorically have been alienated from the dominant Christianmajority, and efforts to integrate Muslims into the politicaland economic fabric of the country have met with only limitedsuccess.Philippine culture, with its emphasis on familial, tribal, andregional loyalties, creates informal barriers whereby access tojobs or resources is provided first to those of one's ownfamily or group. Many Muslims claim that they continue to beunderrepresented 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 MuslimMindanao (ARMM) in November 1990 to meet the demands of Muslimsfor local autonomy in areas where they hold a majority or are asubstantial minority. However, the ARMM is limited to the fourprovinces which elected to join; it is regarded as an arbitrarycreation of the Government and as falling short of representingthe aspirations of all Muslims in the region, including theMoro National Liberation Front (MNLF) and the Organization ofthe Islamic Conference (OIC). The ARMM Government is hobbledby an inadequate tax base, poor performance, and a continuedshortfall in promised central government assistance. People with DisabilitiesA 1983 law provides for equal physical access for the disabledto all public buildings and establishments, and a law passed in1992 provides for "the rehabilitation, self-development, andself-reliance of disabled persons and their integration intothe mainstream of society." Advocates of the handicappedmaintain that these laws are not enforced fully, citinginadequate government funding, widespread evasion, andlingering prejudice against the handicapped among manyFilipinos.Section 6 Worker Rights a. The Right of AssociationThe Constitution and legislation provide for the right ofworkers, including public employees, to form and join tradeunions and this right is exercised in practice. Trade unionsare independent of the Government and generally free ofpolitical party control. Unions have the right to form or joinfederations or other labor groupings, and several haveaffiliated with international trade union confederations andtrade secretariats. The largest federation, the Trade UnionCongress of the Philippines is affiliated with theInternational Confederation of Free Trade Unions. Unionsoppose government efforts to loosen prohibitions against "laboronly" subcontracting, which they claim allows employers toevade obligations to their employees and helps them to breakunions.Subject to certain procedural restrictions, strikes in theprivate sector are legal. However, a 1989 law stipulates thatall means of reconciliation must be exhausted and that thestrike issue has to be relevant to the labor contract or thelaw.The Committee of Experts of the International LaborOrganization (ILO) has expressed concern that certainprovisions of the Labor Code (authorizing the Secretary ofLabor to order compulsory arbitration to avert strikes inindustries deemed indispensable to the national interest) arenot in conformity with the ILO Convention on Freedom ofAssociation. In 1994, however, the ILO noted that theGovernment sought its assistance in reforming the Labor Code.International criticism also has focused on the Code's ban onunfair practices' strikes during the term of a collectivebargaining agreement.According to the Center for Trade Union and Human Rights(CTUHR), an organization which publicizes security forceviolations, the rights of striking workers continued to be aproblem in 1994. The CTUHR counted some 70 incidents bySeptember, involving over 900 alleged victims. The CTUHR saidpolice were involved in nearly all these cases, and there alsowere instances in which military personnel were involved indispersing strikers and dismantling picket lines in their areaof jurisdiction. b. The Right to Organize and Bargain CollectivelyThe Constitution provides for the right to organize and bargaincollectively. The Labor Code provides for this right forprivate sector employees and for employees of government-ownedor controlled corporations, but it provided only limited rightsfor certain government workers. Although unions claim to haveorganized almost 11 percent of the total work force of 27million, only 600,000 workers (2 percent) are covered bycollective bargaining agreements.Under the law, dismissal of a union official or worker tryingto organize a union is considered an unfair labor practice.Nevertheless, employers sometimes attempt to intimidate workerswith threats of firing or factory closure. Allegations ofintimidation and discrimination in connection with unionactivities are grounds for review as possible unfair laborpractices before the National Labor Relations Commission(NLRC). The CTUHR and many trade unions have filed complaintsbefore the NLRC alleging workers were dismissed solely to getrid of union members. The NLRC and the National Conciliationand Mediation Board (NCMB) provide the Department of Labor andEmployment (DOLE) with quasi-judicial mechanisms for hearingand adjudicating workers' claims. The process has been slow.There were several dozen strikes during the year, fewer than inprevious years.Labor law and practice are uniform throughout the country,including in export processing zones (EPZ's). Except for theBataan EPZ, unions have not been able to organize zoneworkers--some labor sources attribute this failure to employerresistance and antiunion discrimination by EPZ authorities. c. Prohibition of Forced or Compulsory LaborForced labor is prohibited, and the Government effectivelyenforces this prohibition. The Government investigates andattempts to act upon reports of abuse of Philippine workersoverseas. d. Minimum Age for Employment of ChildrenThe Child Protection Act of 1992 prohibits the employment ofchildren below age 15, except under the direct and soleresponsibility of parents or guardians or where employment incinema, theater, radio, or television is essential. The LaborCode allows employment for those between the ages of 15 and 18for such hours and periods of the day as are determined by theSecretary of Labor but forbids employment of persons under 18years of age in hazardous or deleterious work. However, asignificant number of children are employed in the informalsector of the urban economy or as field laborers in ruralareas. The most serious, industrywide violations of childlabor law occur in clothing related production, much of whichis exported.Children continue to be employed in a dangerous form of coralreef fishing, which exposes them to shark and needlefishattacks and increases their vulnerability to disease. TheGovernment has investigated and attempted to reduce violationsof child labor laws outside the agricultural sector throughwell-publicized raids on reported violators. Relying on tipsprovided by concerned NGO's (especially the KamalayanDevelopment Center), officials of the DOLE and the NationalBureau of Investigation carried out a number of successfulraids on factories and farms. The DOLE succeeded in forcingemployers to pay back wages, but court prosecutions encounteredwell-known delays. Secretary of Labor Confesor used radioprograms to warn parents in rural provinces of the danger ofallowing recruiters to lure their children with promises of"good jobs" in Manila. e. Acceptable Conditions of WorkUnder the Minimum Wage Act of 1989, tripartite regional wageboards set minimum wages. Rates were last revised in late1993, 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 isinsufficient to provide a worker and his family in the NCR witha decent standard of living. Unless at least two familymembers are working, this minimum wage will not raise afamily's income above the Government's "poverty threshold."Wage boards outside the NCR, in addition to establishing lowerminimum levels, also exempted employers according to suchfactors as establishment size, industry sector, involvementwith exports, and level of capitalization. This excludessubstantial numbers of workers (especially in agriculture,domestics, laborers, janitors, messengers, and drivers) fromcoverage under the law. Although unions have called for anation-wide increase, the Ramos administration favors leavingresponsibility for minimum wage adjustments with the regionalwage boards. DOLE surveys showed that in the first half of1994, 25 percent of the inspected establishments violated theminimum wage law. Given the difficulty of prosecuting casesthrough the courts, the DOLE relies on administrativeprocedures and moral suasion to encourage voluntary employercorrection of violations (see Section 1.e.)The standard legal workweek before overtime is 48 hours formost categories of industrial workers and 40 hours forgovernment workers, with an 8 hour per day limit. An overtimerate of 125 percent of the hourly rate is mandated. The lawmandates a full day of rest weekly. The enforcement ofworkweek hours is managed through periodic standardsinspections by the DOLE.A comprehensive set of occupational safety and health (OSH)standards exists in law. Although policy formulation andreview 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 areincomplete, as incidents (especially in regard to agriculture)are underreported. Workers do not have a legally protectedright to remove themselves from dangerous work situationswithout jeopardy to continued employment.</text>
</content>
<name> </name>
<script></script>
</card>
card_57205.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: THE PHILIPPINES HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 THE PHILIPPINESThe Philippines is a democratic republic with an electedPresident, a fully functioning political party system, abicameral legislature, a free press, and an independentjudiciary. Fidel Ramos was elected President in a closelycontested but generally fair election in May 1992. This wasthe first constitutional transfer of power since 1965.In 1993 the Government continued a program of nationalreconciliation that included peace talks with the three maininsurgent groups. In 1994 it promulgated regulationsgoverning implementation of an amnesty to those who applied forit. The program was an important factor in reducing the levelof violence, although fighting continues on a reduced scale.The Department of National Defense controls the Armed Forces ofthe Philippines (AFP) and the Department of Interior and LocalGovernment supervises the civilian Philippine National Police(PNP). The two forces share responsibility for fighting adeclining Communist insurgency and radical Muslim separatists.According to the Commission on Human Rights (CHR), anindependent government agency, the police continued to be theleading abusers of human rights. Military forces, includinglocal 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-basedpaternalistic 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 foreigninvestment contributed to the 5 percent increase in grossnational product in 1994, up strongly from the 2.2 percentincrease of the year before. While the Government hasaccelerated market reforms, glaring income disparities andwidespread poverty remain, the result of years of mismanagementunder previous governments. In addition, an entrenchedoligarchical elite continues to dominate the economy andpolitics and, at times, thwart reformist efforts.Human rights abuses continued in 1994, although the number ofviolations reported in the first half of the year decreasedsignificantly in most categories. The decline in abusesprimarily reflected a reduction in the number of militaryencounters between government and insurgent forces, at a timewhen the Government has been discussing a limited accommodationwith, Communist insurgents and Muslim separatists.Despite greater government and nongovernmental organization(NGO) commitment to improving human rights, human rightsviolations continue. These included extrajudicial killings,disappearances, arbitrary arrests, torture, and harassment ofcivil rights activists and suspected insurgents and theirsupporters. Many of these abuses, which were widely reportedin the press, are perpetuated within the context of police andmilitary involvement in illegal activities such as protectionrackets, political gangsterism, kidnap for ransom syndicates,and assistance to illegal loggers. The Government has takensome steps to curb these abuses, although not alwayssuccessfully.Violence and discrimination against women and children continueto be serious problems. Legislation enacted to deal with theseproblems has been well intentioned but largely ineffective dueto budget constraints and the Government's failure to setimplementing guidelines. The justice system remains largelyineffective in dealing with human rights abuses. There waslittle observable progress in trying, convicting, and punishingperpetrators of these abuses.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThe CHR reported 57 incidents of political or extrajudicialkilling during the first half of 1994. It reported 254 suchkillings for 1993. Task Force Detainees of the Philippines(TFDP), a prominent NGO (see Section 4), reported 27 peoplekilled extrajudicially in the first half of 1994 as compared to75 for all of 1993. The numbers given by CHR are higher, inpart, because the CHR includes violations by both theGovernment and insurgent groups, including the Communist Partyof the Philippines and its armed wing, the New People's Army(CPP/NPA), while the TFDP lists only offenses attributed togovernment authorities.Both CHR and TFDP attribute the majority of human rightsabuses, including extrajudicial killings, to the police andmilitary forces, including civilian militia units. The CHRreported that in the first half of 1994 the PNP was the targetof complaints in 251 out of 586 cases it received. In Apriltwo Manila policemen were implicated in the case of a suspectedthief who was taken at night from his cell and found dead thenext morning. In December a Manila policeman was charged withmurder for killing a tricycle driver who reportedly refused tocome 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, asuspect in the particularly brutal rape and killing of a7-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. Theauthorities promised an investigation, but there was no reportreleased by year's end. The public and private consensus wasthat Lagunday was executed.In a September encounter with members of the Red Scorpion Groupkidnap gang, police operatives shot dead six alleged members ofthe gang. Although one police officer suffered a gunshotwound, questions were raised as to whether the deaths wereexecutions. In February a leading member of the PresidentialAnticrime Commission (PACC) reported that it regularly receivesrequests from relatives of victims of heinous crimes to killthe suspects extrajudicially.In late February, approximately 10 victims of "salvaging" (thelocal 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 policeinvolvement also discouraged potential witnesses fromtestifying about the killings.In an effort reform the police force, President Ramos and thePNP leadership in March dismissed 1,145 police officers andsuspended another 1,020.Civilian militia units or citizens armed forces geographicalunits (CAFGU's) also committed extrajudicial killings.Organized by the police and the AFP to secure areas cleared ofinsurgents, these nonprofessional units are often inadequatelytrained, 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 humanrights violations in the first half of 1994 to CAFGU's.In a case that attracted wide attention in February 1993, twoCAFGU personnel were charged with killing Chris Batan, a TFDPworker, in Mountain province. The authorities arrested onesuspect, who remains in jail. Police have not arrested thesecond suspect even though he has reportedly been seenregularly in public. In a case of a successful prosecution, inSeptember the Supreme Court upheld the conviction of two CAFGUmembers for the 1990 killing of a policeman and two otherpeople.As part of its continuing effort to disband CAFGU's, themilitary reduced the 72,000-member CAFGU'S by about 6,000 menin 1994. The military announced that in 1995 CAFGU forceswould be reduced further to about 58,000. The Government plansto cut the CAFGU budget by around 10 percent in 1995. However,the Government is hesitant to reduce CAFGU levels more rapidlybecause it fears that dismissed CAFGU members withoutemployment prospects will resort to banditry and other criminalactivities.AFP violations of human rights continue to decline, reflectingthe overall decline in counterinsurgeny activities. The CHRreported that in the first half of 1994, 12 percent of allviolations were committed by military forces. The TFDP, whichdoes not include nongovernment abuses, attributes 45 percent ofviolations in the same period to the military. In March theDepartment of National Defense relieved several members of aspecial forces unit for allegedly killing a policeman inLaguna. In September two soldiers were sentenced to 14 yearsin prison for the attempted murder of a state prosecutor inNovember 1993.The NPA too was responsible for extrajudicial killingsthroughout the country. The most notable case was that ofHector Mabilangan, a former NPA leader in the Central Luzonregion. Mabilangan, who had given up his rebel status, wasshot by gunmen believed to be part of his old command inretaliation for what the murderers said were his "criminal andantirevolutionary activities." In January the Alex BoncayaoBrigade (ABB), a notorious Communist hit squad controlled bythe Manila-Rizal Regional Committee of the CPP (MRRC), publiclythreatened to kill over 300 of the "most notorious elements ofcrime syndicates and corrupt government officials." The ABBreleased a hit list which included numerous high-rankingpolice, military, and political figures. In May one person onthe list, Timoteo Zarcal, was killed for "crimes againstsociety." In December another person on the list, Jose Pring,was killed. Zarcal and Pring, both former police chiefinspectors (major rank), had been relieved of duty because oftheir alleged involvement in kidnap-for-ransom activities.Members of their families, however, doubted the ABB's claim ofresponsibility for the two killings and pointed instead to thepolice as the perpetrators. In October four suspected ABBmembers shot and critically wounded a traffic policeman as hewas issuing a citation to a jeepney driver. The ABB alsorenewed threats to impose the death penalty on policemen who donot observe the law.Muslim extremists such as the Abu Sayaf Group (ASG) carried outother politically motivated murders. On June 8, for example,ASG members abducted 72 civilian bus passengers on theoutskirts of a town in Basilan province. The group set free 37known Muslims and killed 15 Christians. Other hostages weresubsequently released. Muslim extremists were also implicatedin a series of terrorist bombings, in Zamboanga and GeneralSantos cities, which injured or killed innocent bystanders.Private security forces maintained by local landowners andother influential figures also committed extrajudicialkillings. In 1993 the arrest of the mayor of a town nearManila and a number of his associates (some of whom werepolicemen) on charges of raping and murdering a University ofthe Philippines coed and killing her boyfriend focused nationalattention on this longstanding problem. The trial continuedthrough the fall, with no end in sight. The publicitygenerated by the case inspired the Ramos administration toundertake a nationwide campaign to dismantle "private armies."Although some arms were confiscated, critics charge that mostof these were old and of little practical use, and that thecampaign did not target private armies controlled bypolitically powerful individuals. In August the PNP leadershipadmitted the campaign had so far failed and promised to renewthe drive in an effort to disband these groups before the May1995 elections.Poll violence was a problem in the May barangay (the smallestlocal political unit) elections. The Department of Interiorand Local Government (DILG) reported over 40 deaths inelection-related violence, mostly attributable to clan andethnic rivalries. Most of the victims were incumbent barangayofficials, candidates, and their active supporters. The numberof deaths represented a decrease from previous elections. b. DisappearanceThe CHR cited 5 cases of disappearance in the first half of1994 compared with 16 cases for all of 1993. The TFDP reportedno disappearances for the first half of 1994 compared with 12cases for all of 1993. Because disappearances most commonlyinvolve alleged insurgents or informants, the decline islargely attributable to the continued decrease in insurgentactivity.Active duty military and police officers are often implicatedin kidnapings, especially of wealthy Filipino-Chinese, forransom. As a result, many victims paid the ransoms quietly anddid not report the cases. Kidnap victims have also refused toidentify their captors for fear of retribution. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution prohibits torture, and evidence obtainedthrough its use is inadmissible in court. Guidelines issued bythe CHR in 1988 direct all law enforcement agencies andmilitary elements to avoid unnecessary force duringinvestigation, arrest, detention, interrogation, and otheractivities. Nonetheless, abuses continued.The CHR reported two cases of torture in the first half of1994, compared with five cases in 1993. The TFDP cites 25cases in the first half of 1994, compared to 39 for all of1993. The CHR also cites an improved human rights awareness inthe military, which it attributes to its human rights trainingprograms for military officers and its practice of providingAFP promotion panels with "certificates of clearance" onofficers' human rights performance. However, the statisticsgenerally exclude incidents of torture involving commoncriminals or others outside the context of counterinsurgencyactivities. In addition, many cases go unreported because thevictims fear reprisal if they seek redress.Although prohibited by law, physical punishment continues tooccur in jails and prisons. Police forces commit most suchoffenses, and abuse of prisoners most commonly occurs duringarrest and interrogation. A CHR report on jail facilitiesthroughout the country indicates that of 613 jails visited,only 64 were found to have adequate facilities and be in goodcondition. Prisoners at some 410 jails were kept insubstandard conditions and subjected to human rights abuses,including physical and sexual harassment.International monitoring groups, including the InternationalCommittee of the Red Cross and foreign embassy officials, areallowed free access to jails and prisons. d. Arbitrary Arrest, Detention, or ExileAlthough the Constitution requires a judicial determination ofprobable cause before issuance of an arrest warrant, andprohibits holding prisoners incommunicado or in secret placesof detention, the authorities continue to make illegal arrestsand hold people in detention. Detainees have the right to ajudicial review of the legality of their detention and, exceptfor offenses punishable by a life sentence or death, a right tobail. Authorities are required to file charges within 12 to 36hours of arrest, depending on the seriousness of the crime.The CHR listed 54 cases of illegal arrest and detention for thefirst half of 1994 compared with 139 for all of 1993. The TFDPfound that 362 persons were arrested illegally in the firsthalf of 1994 compared with 882 such arrests in the previousyear.This decline is attributable in part to the Government's effortto promote the domestic peace process involving talks withCommunist, Muslim, and military rebels. The Governmentdeclared an amnesty program which offered former rebels andgovernment security forces a chance to apply for amnesty, inthe case of rebels for crimes they had committed in pursuit ofpolitical beliefs, and, in the case of government forces, forcrimes they committed in the performance of their duties.Government security forces who committed serious human rightsviolations (arson, torture, extrajudicial killings, massacres,rape and robbery) were excluded from the amnesty program.Under the program, the National Amnesty Commission (NAC), aquasi-judicial body whose decisions are final, subject to areview by the Court of Appeals, reviews all amnestyapplications. Most rebel groups rejected the amnesty offer,noting that it should have resulted from peace negotiations andnot by arbitrary action of the Government.Despite the overall decline in illegal arrests and detentions,the Philippine Alliance of Human Rights Advocates (PAHRA), aleading NGO network, contends that such violations againsthuman rights workers are increasing. The PAHRA cites the caseof Wilfredo and Mila Sibayan, both NGO human rights workers,the former with PAHRA's Manila office. Accused by militaryintelligence of being a leader of the NPA, Mr. Sibayan wasarrested without a warrant outside his Manila home on March 28;no one was informed of his arrest. He was transferred severaltimes, eventually to the northern town of Abra, where he wascharged with murdering a government soldier in an earliershootout, despite his claim that he was in Manila at the timeof the encounter. He was refused legal counsel during hisinterrogation. When Mrs. Sibayan finally located him in Abra,she too was arrested and detained. Local church leaders wereable to secure the Sibayans' release, and charges are pending.The Sibayans' experience is echoed in a study on administrativedetention by the Human Rights Committee of the NGO LAWASIA. Amajority of the detainees LAWASIA interviewed were arrestedwithout warrant; they were merely "invited" for questioningand subsequently held. The study cited numerous violations ofconstitutional and human rights, such as lack of access tocounsel during investigation and interrogation and physicalmaltreatment during detention.The TFDP claims that there are still about 276 politicalprisoners being held illegally, two-thirds of whom have yet tobe convicted of any offense. The Government disputes thischarge, contending that it has released all political prisonersand that all of the alleged "political" prisoners are actuallybeing held for common crimes. It is likely that some of the300 prisoners in question have committed common crimes, themost common charge being illegal possession of firearms, in thepursuit of their political beliefs. It is also possible that afew are actual or suspected Communists who were framed forcommon crimes. Proving this is difficult, however, and theonus of proof is placed on the prisoner.The NPA is responsible for some extrajudicial arrests anddetentions, often in connection with "courts" set up to trycivilians and local politicians for "crimes against thepeople." Many defendants in such trials are tortured and/orsummarily executed. In April a spokesman for the Melito GlorCommand of the NPA announced that four former breakaway leadersof 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 stillactive party leaders.Forced exile is not legal and not practiced. e. Denial of Fair Public TrialThe Constitution calls for an independent judiciary andprovides that those accused of crimes shall be informed ofcharges against them and have the right to counsel. Trials arepublic. Defendants are presumed innocent and have the right toconfront witnesses against them, to present evidence, and toappeal their convictions. The authorities generally respectthe right of defendants to be represented by a lawyer. Thereis no jury system under Philippine law; all cases are heard byjudges. Despite these safeguards and guarantees, the pace ofjustice continues to be slow. Moreover, the Philippinejudiciary is plagued with problems, susceptible to corruption,and biased in favor of the rich and influential. Corruptionalso reaches into the jails and prisons, allowing suspects toescape. While the Government, in particular the JusticeDepartment, acknowledged the system's weaknesses and pledged toclean it up, there was little visible progress.A study by ALTERLAW, a coalition of alternative laworganizations, comprising various legal groups, identifiedpersonal connections, patronage, influence peddling, andbribery as some of the most common "unorthodox" methods used inthe practice of law in the Philippines. Legal experts in andoutside of the justice system make the same observations as theALTERLAW, pointing to the personal and professionalrelationships between judges and the individuals andcorporations whose cases they are assigned. The poor canlanguish in jails for years without formal charges being filedwhile the wealthy and powerful can use money and influence toaffect their cases. Many leading law firms, known in the tradeas case fixers, gain the favor of judges and other courtofficials. Witnesses are easily paid off. While it istechnically illegal to settle criminal cases out of court, thepractice of reaching an "amicable settlement" is routine;without key victims or witnesses to testify, the authoritiesare forced to abandon their case. The Government has beenunable, for the most part, to take effective action tointervene in these situations.There is a widely recognized need for more prosecutors, judges,and courtrooms. The limit for hearing a trial is 90 days andthat for deciding of cases is 45. However, the period onlybegins after a case is brought to trial. As a result, suspectscan wait in jail for years before their cases are brought totrial and the countdown begun. Because of numerous technicaldelays and frequent failures of judges and prosecutors toappear, even the 90-day limit is often not met. In June theJustice Department reported that during the first quarter ofthe year, the prosecution was able to resolve only 4 percent ofthe criminal cases it had pending.At times there are flagrant violations of the right to anexpeditious trial. For example, in February a Manila courtsentenced three men to 17 years in prison for the 1975 murderand robbery of a priest. The prisoners were immediatelyreleased because they had already spent 18 years in jail. InJune and August the CHR was able to secure the release of eightcivilian prisoners who were sentenced by military courts whenmartial law was in place. The prisoners had remained incustody despite a 1988 Supreme Court decision nullifyingconvictions of civilians by military courts.Some human rights cases never go to trial because victims donot pursue their cases or crucial witnesses remain silent.Lawyers representing victims of human rights violations arealso harassed and are labeled as leftist sympathizers if theaccused is assumed to be a leftist rebel. Human rights groupsreport that the many former military officers serving as judgesat the municipal and local level greatly diminish the chance ofa fair trial for human rights victims. The case of the accusedkillers of Chris Batan (see Section 1.a.) is typical of theproblems involved in attempting to identify and convictperpetrators of human rights violations. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution provides that search warrants may be issued bya judge on a finding of probable cause. Restrictions on searchand seizure are generally observed, although raids withoutsearch warrants on private homes are occasionally reported. Inthe past, judges have thrown out evidence obtained illegally.The Government does not interfere with the free personal use ofthe mails or other public communications except upon issuanceof a court order in the course of an investigation.Some human rights NGO's are increasingly concerned about theGovernment's forced resettlement of tenant farmers to make wayfor development projects. These resettlement schemes aredesigned to clear the land for industrial, agroindustrial, andtourism projects. In urban settings, squatters are moved tomake way for infrastructure, commercial, and housing projects.The Government has made efforts to resettle squatters, asrequired by law, but NGO's contend that in both rural and urbansettings, those being relocated are sometimes given little orno notice and are violently ejected. Land rights issues aremade more difficult by the slow process of the Government'sexercise of eminent domain and complex zoning regulations. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsAlthough the frequency of clashes between government andinsurgent forces declined, they continued to inflict hardshipson civilians, particularly in remote areas which were the sceneof most fighting. According to TFDP figures, in the first halfof 1994 there were 7 forced evacuations, 1 food blockade, 9"violent dispersals" (i.e., forced evacuations in whichviolence was used), and 54 houses demolished. Most of thesecategories showed declines over 1993.In June the military launched a major campaign against theMuslim Abu Sayaf Group in Sulu and Basilian provinces. Thelocal office of the Department of Social Welfare andDevelopment (DSWD) reported that over 22,000 civilians weredisplaced in the two provinces. Over 20 evacuation centerswere set up to assist the families. A factfinding report by agroup of human rights NGOs and church groups reported themilitary operation resulted in several civilian deaths as wellas in extensive looting and destruction of property.</text>
</content>
<name>Philippines </name>
<script></script>
</card>
card_56839.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: PERU HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995On occasion, Sendero tried to interrupt free movement withinthe country, conducting "armed strikes" during which civilianswere told to stay home or risk reprisals. Public and privatevehicles operating during such strikes were subject to attack.Sendero's armed strikes were significantly less successful in1994 than in previous years.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe Constitution provides for the right of citizens to chooseand change the laws and officials that govern them, andcitizens exercise this right in practice. Voting is mandatoryby secret ballot for all citizens between the ages of 18 and70; however, prisoners and members of the armed forces andpolice are ineligible to vote. The law bars only groups thatadvocate violent overthrow of the Government from participatingin the political process. The Fujimori administrationtolerated opposition groups representing a wide variety ofopinion and ideology and did not hinder them from criticizingthe Government.The campaign for the 1995 presidential and congressionalelections began in late 1994. Under a provision of the newConstitution, President Fujimori will seek reelection. InOctober an unprecedented 26 political groups representing awide political spectrum launched presidential bids, though theindependent National Elections Board disqualified nearly halffor failure to meet registration requirements.Opposition politicians, human rights groups, and the media allcomplained of the incumbent's unfettered access to governmentresources to promote his candidacy. There were already alimited number of reports of instances of irregularities in thecampaign, such as government harassment of, and spying on,opposition members. Nevertheless, opposition candidates wereable to campaign across the country and hold rallies (includingin the government-declared emergency zones), buyadvertisements, and speak freely to the press.There are no laws that restrict women and minorities fromparticipating in government and politics; both women andminorities (including indigenous people), for example, arerepresented in the Congress and some senior governmentleadership positions. There are 7 congresswomen out of80 members. Two of the 14 cabinet ministers and several viceministers are women, as is the Attorney General and a supremecourt justice. Four of the 26 people declaring candidacies inthe 1995 presidential campaign were women, though 2 failed tomeet election board requirements, and 1 later withdrew.President Fujimori is from a racial minority. There are two orthree indigenous congressmen, and one recent vice president wasa Quechua speaker. There are some indigenous prosecutors, andone of the declared presidential candidates is a Quechuaspeaker from Ancash. However, it is difficult for indigenouspeople to reach the highest leadership levels in both thepublic and private sectors. Discrimination has often led toexclusion of these groups from leadership positions ingovernment and business (see Section 5).Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government allowed numerous nongovernmental organizations(NGO's) dedicated to monitoring and advancing human rights tooperate independently, although government officials oftencriticized them. The military often restricted the ability oflocal and international human rights workers to investigatehuman rights abuses; the Government usually ignored humanrights groups' requests for information; and it prohibited manyhuman rights monitors--but not the ICRC--from visiting keyprisons. Verbal attacks by the Government against bothdomestic and international human rights monitors suggested ahardening of the Fujimori administration's attitude toward therole of NGO's (especially those associated with foreigners) inbringing human rights abuses to public attention. Legitimatefears of physical attack by Sendero severely limited theability of human rights monitors to carry out their work.The vast majority of Peruvian human rights NGO's areindependent and generally objective in their views. Severalprivate human rights groups joined in 1985 to form an umbrellaorganization known as the National Coordinating Committee forHuman Rights, or Coordinadora. Over 40 groups from around thecountry are either voting or observer members of theCoordinadora. The Coordinadora maintains a policy of notmixing politics with human rights (although its individualmembers may occasionally do so, but not under theCoordinadora's name), and its members function as credible,thorough, and impartial observers. The previously establisheddialog between the Government and the Coordinadora stalled overdissatisfaction with progress on key agenda items and Congress'action in the La Cantuta case.Local groups repeatedly denounced Sendero Luminoso as thelargest violator of human rights in Peru, while simultaneouslydocumenting the many violations by government forces. In fact,strong documentary evidence proves that Coordinadora membershave been balanced in their denunciations of abuses by bothsides. Nevertheless, President Fujimori, other governmentofficials, members of the business community, and theprogovernment press often unfairly accused human rights groupsof being defenders of terrorism and of criticizing onlygovernment abuses, not those of Sendero. For example, inJanuary government-party Congresswoman Martha Chavez called forgreater congressional oversight of NGO's on the grounds thatsome of them were allegedly "financing terrorism." However,she produced no evidence to prove her accusation. TheCoordinadora and other organizations responded by noting thatby law their accounting was transparent and proved that theywere not channeling funds to terrorist groups.In April the Government's public attacks on human rights groupsstepped up as those groups denounced the reported army killingsin sweep operations in Huanuco department. President Fujimoricriticized human rights organizations, claiming they had notdenounced human rights violations by terrorists. HealthMinister Jaime Freundt publicly accused human rights NGO's ofdefending Sendero Luminoso. In addition to reversing for7 weeks the policy of allowing the ICRC access to the zonewhere the operation took place, the political-militarycommander of the Huallaga front, where the Huanuco killingstook place, alleged to the media in April that the ICRC wascollaborating with terrorists. Finally, on April 27, thegovernment-controlled Congress passed a resolution condemningthe Coordinadora for supposedly lying and exaggerating itsdenunciations of the Huanuco killings and thereby "damaging theimage and prestige of Peru."In early May, a Ministry of the Presidency official, DoraSolari, and a government-party congressman, Hugo Zamatta,without offering proof, accused unnamed NGO's of having linksto terrorism. Also in May executive branch officials,including President Fujimori and Justice Minister Vega,boycotted a visit by Pierre Sane, the Secretary General ofAmnesty International; Vega wrote to Sane before the visittelling him he was not welcome in Peru. Executive branchofficials also refused to meet with a human rights delegationfrom the New York Bar Association and would not permit thedelegates to visit any of the country's prisons. In lateSeptember, President Fujimori again criticized internationalhuman rights organizations, alleging that they were "defendingthe human rights of terrorists and not the public." A few dayslater, the Congress passed a motion authorizing its oversightcommittee to investigate NGO's use of funds. In DecemberPresident Fujimori publicly labeled the Coordinadora asterrorist accomplices for its alleged "complicitous silence."In a spirited public rebuttal the next day, the CoordinadoraExecutive Secretary pointed out that since its foundation theCoordinadora had condemned acts committed by Sendero and MRTA.Some human rights workers were the subject of threats andharassment from unknown sources. One, who worked for aLima-based human rights group and a local radio station,received repeated anonymous telephone calls advising him tostop criticizing the Government or he would be killed. InOctober a judge issued an arrest warrant for another humanrights monitor working for a church group in Chimbote becausehe was reportedly associated with two environmentalistsdetained on terrorism charges. Human rights groups affirmedthe innocence of both the environmentalists and the monitor.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution provides for equal rights for all citizens andspecifically prohibits discrimination based on ethnic origin,race, gender, language, religion, opinion, or economiccondition. Nevertheless, discrimination against women andminorities is extensive. Discrimination based on sexualpreference is also frequent. According to Peru's only gayrights group, the Homosexual Movement of Lima, gays andlesbians are often the target of harassment by police, whorarely investigate hate crimes against them. On August 11,police raided a gay bar in Lima, allegedly beat some of thepatrons, and arrested 76 people without making any charges.They held some of the customers in custody for 7 hours beforereleasing them. WomenThe Constitution grants women equality with men, and laws onmarriage, divorce, and property rights do not discriminateagainst women. Nevertheless, tradition often impedes access bywomen to leadership roles in major social, business, andpolitical institutions. However, there is a small but growingnumber of women in leadership positions in the Government (seeSection 3).Violence against women, including rape and spousal abuse, is achronic problem, according to local women's groups and lawenforcement offices. On average there were 326 complaints ofviolence against women per month, according to these sources.In the last 10 years, there were over 59,600 reported cases ofviolence against women; many additional cases, however, gounreported. There are special women's police stations in Limaand other major cities to deal with the rising number ofcomplaints of domestic violence. In addition, women's groupshave established legal aid and health centers for women.Judicial authorities do take legal action against perpetratorsof domestic violence. However, one of the reasons that specialwomen's police stations were established was that regularpolicemen often do not take seriously accusations by womenagainst their husbands. Although the Government has passedstrong legislation against domestic violence, this is notalways translated into action at lower levels, especiallyoutside the major cities.Although prohibited by law, sexual harassment in the workplaceis a common problem. According to a study by the Flora TristanWomen's Center, 62 percent of working women knew of cases ofsexual harassment in the workplace. Women's groups assert thatthis problem is on the rise and is exacerbated by the country'shigh rate of unemployment.Sendero Luminoso also targeted women's organizations, claimingthat communal kitchens and the "glass of milk" program--managedprincipally by women--have links with the Government. ChildrenThe Government does not adequately address children's humanrights and welfare. President Fujimori has on numerousoccasions emphasized the need to improve education at alllevels, but the Government does not provide sufficient fundingfor the public schools. Millions of children suffer frommalnutrition and live in extreme poverty. In addition, minorscan be tried as adults for terrorism offenses (see below).A large percentage of children are born out of wedlock; manyfathers fail to support their children. In addition, orphanshave become common, due in large part to the guerrilla war; onenewspaper estimated the number of war orphans at 55,000. It isnot unusual for indigent parents to give up their children,either through adoption or by sending them away as houseservants. In Lima alone, there are thousands of homeless,orphaned, or abandoned children. Many children are forced towork in the informal economy to support themselves; accordingto the Movement of Children of Christian Workers, the number ofchildren under the age of 16 obliged to work exceeds 200,000.Violence against children is a serious problem. Approximatelyhalf of all rapes are perpetrated against minors. According tothe director of Lima's children's hospital, 600,000 childrenhave 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 forterrorism offenses. The law was issued in response toSendero's frequent use of minors in acts of terrorism. Severaldozen minors are awaiting trial or serving time in variousprisons. In October 1993, the Children's Rights Committee ofthe United Nations reported that Peruvian minors accused ofterrorism "do not benefit from the safeguards or guaranteesnormally offered by the juvenile administration of justicesystem."Although hampered by a lack of resources, the Government hastaken some measures to safeguard children's rights. Forexample, in February the Government stiffened the penalties forrape and violence against children; conviction of rape of aminor can now mean life imprisonment, depending on thecircumstances. The Justice Ministry administers severalchildren's defense centers around the country which work toprotect the rights of children and deal with cases of violenceagainst minors. In 1994 training for police officers includeda course on children's rights. In addition the Governmentannounced it would build 30 to 40 homes for orphaned andabandoned children; it inaugurated one of these shelters inLima in September. Indigenous PeopleThe 1993 Constitution prohibits discrimination based on raceand guarantees the right of all citizens to speak their nativelanguage. However, Peru's large indigenous population facespervasive discrimination and social prejudice, in addition tosuffering many of the severe human rights abuses cited in thisreport. Because of geographic isolation, governmentcentralization, lack of organization, and socialmarginalization, indigenous people are in general unable toparticipate in decisions affecting their lands, cultures,traditions, and the allocation of natural resources. Thesedecisions are made by the central Government in Lima.Particularly in the jungle regions, colonists, cocacultivators, guerrillas, and business interests steadilyencroach on native lands, many seeking to exploit naturalresources. Indigenous groups fear that Articles 88 and 89 ofthe Constitution, which assign to the State any native lands"in abandonment," will mean the loss and sale to commercialinterests of traditional land. Some Amazon groups haveexpressed concern over the possible effects on theircommunities and the environment of oil and gas exploration inthe Camisea area. Malnutrition and disease are rampant amongmany of these tribes.The law generally protects the civil and political rights ofindigenous people to the same extent as the rights of othercitizens. However, many indigenous groups live in isolatedareas, which affect the Government's ability to offer themservices, security, and enforcement and protection of civil andpolitical rights.The largest indigenous groups are speakers of Quechua andAymara (recognized as official languages), but there are dozensof smaller native language groups. Indigenous people lackaccess to public services and support in their native lands,and investment is focused largely on the coast. TheGovernment's lack of investment in traditional indigenous areashas been aggravated in recent years by the presence of SenderoLuminoso in many such places.Sendero Luminoso remains by far the most egregious violator ofthe rights of indigenous people. It continued to targetviolence against the Ashaninka tribe in Peru's central jungle.The Coordinadora estimated that between 20 and 40 Ashaninkacommunities have disappeared as a result of Sendero violence,and that more than 10,000 Ashaninkas have been displaced. Asmany as 3,000 Ashaninkas may be trapped in zones under Senderooppression. In late August, unconfirmed reports indicated thatcommon graves with the bodies of Ashaninka natives werediscovered; the authorities said they believed the graves maycontain the remains of victims of Sendero violence. National/Racial/Ethnic MinoritiesPeru's population includes several small racial minorities, thelargest of which are blacks of African descent and Asians.Blacks, who tend to be concentrated along the coast, faceparticularly pervasive discrimination and social prejudice andare among the poorest groups in Peru. This discriminationexcludes blacks from leadership roles in government, military,and business institutions. Both the navy and the air forcereportedly have unwritten policies that exclude blacks from theofficer corps. According to Peru's two black human rightsgroups, police routinely detain persons of African descent onsuspicion of committing crimes for no other reason than thecolor of their skin, and police rarely act on complaints ofcrime against blacks. The human rights groups also note thatblacks tend to be relegated to servants' jobs; the few blackswho have been relatively successful financially have done so inthe sports and entertainment fields. People with DisabilitiesAlthough the Constitution states that disabled persons "havethe rights to respect of their dignity and to a regime ofprotection, attention, readaptation and security," theGovernment spends relatively little on assisting thehandicapped or preventing discrimination against them. Thereis little public infrastructure with facilities for people withdisabilities, such as wheelchair ramps on streets or inbuildings, and no law mandating access for them. Disabledpersons face discrimination when seeking employment; many arereduced to begging in the streets.Section 6 Worker Rights a. The Right of AssociationThe new Constitution recognizes the right to organize a tradeunion, to engage in collective negotiations, and to strike.These rights are to be exercised democratically, and the Stateis to promote the peaceful resolution of labor disputes. TheConstitution states, however, that the right to strike musttake into account broader social interests. It also statesthat employers may not require membership or nonmembership in aunion as a condition of employment.About 7 percent of the estimated 8.5 million persons in thework force belong to organized labor unions. Up tothree-quarters of Peruvian workers work in the informal sectorof the economy, which operates largely beyond governmentsupervision and taxation. Existing unions represent across-section of political opinion. Though some unions havebeen traditionally associated with political groups, unions areprohibited by law from engaging in explicitly political,religious, or profit-making activities. There are norestrictions on membership in international bodies.Workers from organized trades, teachers, and government unionsstruck more frequently than in 1993, seeking benefits inaccordance with the improved economic situation they perceive.Reprisals against striking workers are reportedly infrequent.Union members and officials have been targets of terroristassassination and intimidation attempts. The labor movementand its leaders have been generally hostile to terrorist groupsand have fought to prevent or reduce terrorist infiltrationinto the labor movement; however, the Government detained someunion officials suspected of terrorist links.In March the International Labor Organization (ILO) Committeeof Experts' annual review of compliance with ILO conventionscriticized a number of restrictive practices and asked theGovernment to take initiatives to amend its labor legislationso as to bring it into conformity with the conventions to whichPeru is a party. b. The Right to Organize and Bargain CollectivelyAlthough the Constitution recognizes the right of public andprivate workers to organize, bargain collectively, and strike,it states that these rights must be exercised in harmony withbroader social interests. It excludes public employeesexercising management or decisionmaking authority, as well asmembers of the police and military, from the right to organizeor strike. However, both judiciary branch and Lima municipalworkers conducted strikes in late 1994 to protest salary andworking conditions.Labor regulations promulgated prior to the 1993 approval of thenew Constitution provide that workers can form unions based onprofession, employment, or geographic location. Theregulations exclude temporary, probationary, apprentice, ormanagement employees from union membership. They require aminimum of 100 members to form trade unions by branch ofactivity, occupation, or for various occupations; and a minimumof 20 workers to form a union within a company. They alsolimit the number of union officials, the amount of time theymay devote to union business on company time, and require themto be active members of the union.Labor regulations set the number of union representatives whocan participate in collective bargaining negotiations (aminimum of 3, maximum of 12), and establish the negotiatingtimetable. The management negotiating team cannot exceed thesize of the workers' team; both sides may have attorneys andprofessional experts in attendance as advisers. A majority ofall workers in a company, whether union members or not, mustapprove a strike by a secret ballot. A second vote must betaken upon petition of 20 percent or more of the workers.The law permits companies unilaterally to propose temporarychanges of work schedules, conditions, and wages and to suspendfor up to 90 days collective bargaining agreements if requiredby force majeure or economic conditions, provided they give 15days' notice to employees. If workers dispute the proposedchanges, the Labor Ministry is to resolve the dispute basedupon criteria of "reasonableness" and "economic necessity." Insuch cases employers are to authorize vacation time and ingeneral adopt measures that avoid aggravating the employmentsituation.A conciliation and arbitration system resolves disputes incollective bargaining impasses, but union officials complainthat their proportionate share of the cost of arbitrationexceeds their resources. They also state that increasingnumbers of companies utilize a policy of hiring workers ontemporary, personal services contracts to prevent unionaffiliation. This has become an issue of contention betweenorganized labor and employers and is one of several concernsthat labor has raised in international forums. Employers denythe accusation of antiunion bias and assert that laborstability provisions of the law have made long-term commitmentsto workers too expensive.The law does not prohibit antiunion discrimination, and thereare no effective measures to resolve such complaints. No legalprovisions require employers who commit antiunion discriminationto reinstate workers fired for union activities.Special regulations permitting greater flexibility inapplication for the Labor Code in export and duty free zonesprovide for the use of temporary labor as needed, flexibilityin labor contracts, and a wage system based upon supply anddemand. As a result, workers in duty free zones are unable tounionize. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits forced or compulsory labor, as wellas imprisonment for debt. However, there are periodic reportsof the practice of forced labor in remote mountainous Andeanand Amazonian jungle regions of the country. In response toone complaint filed with the ILO, the Government acknowledgedthe existence of such practices and asserted it had takenmeasures to end abuses, such as closing down and finingclandestine recruitment agencies and opening a labor and socialwelfare office in Huaypetue, where forced labor abuses hadoccurred. d. Minimum Age for Employment of ChildrenEducation through primary school is compulsory and free.However, a high percentage of school-age children work ratherthan attend daytime classes, with only a small number of suchchildren attending classes at night. The minimum legal age foremployment is 16. Labor law contains special provisions forworkers between the ages of 16 and 21. Their apprenticeshipcannot exceed 18 months, they must be paid at least the minimumwage, should be accorded specialized training, and can compriseno more than 15 percent of a company's work force. GivenPeru's widespread poverty, children work in the informaleconomy without government supervision of wages or conditionsfrom a very early age to help support their families. Childlabor is heavily used in the agricultural sector and to minegold, but not in other major export industries, such aspetroleum or fisheries. e. Acceptable Conditions of WorkThe Constitution provides that the State should promote socialand economic progress and occupational education. It statesthat workers should receive a "just and sufficient" wage, to bedetermined by the Government in consultation with labor andbusiness representatives, and "adequate protection againstarbitrary dismissal." The current minimum wage is about $57(130 soles) per month and is generally considered inadequate tosupport a worker and family.The Constitution also provides for a 48-hour workweek, a weeklyday of rest, and yearly vacation. It prohibits discriminationin the workplace. While occupational health and safetystandards exist, the Government lacks the resources to monitoror enforce compliance. Employers and workers generally agreeupon compensation for industrial accidents on an individualbasis. The Government introduced reforms in 1993 eliminatingthe need to prove culpability to obtain workman's compensationfor injuries. There are no provisions for workers to removethemselves from dangerous work place situations withoutjeopardy to continued employment.</text>
</content>
<name> </name>
<script></script>
</card>
card_56650.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: PERU HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995The Government created two separate commissions to review casesof people unfairly detained for long periods. An executivebranch commission, formed in February and consisting of severallawyers, reviews cases of individuals detained on terrorismcharges. A second commission, established by the Congress inJune and installed in December, will review both terrorism andcriminal cases and recommend presidential "grace" for detaineeswho have waited long periods without a trial and who appear tobe innocent.Inconsistencies in the application of the terrorist amnesty lawwere also apparent. In October, in contravention of theanonymity clause in the law, President Fujimori publicly nameda university rector and a superior court judge as repentantterrorists. The authorities detained the rector, Abner Chavez,and the judge, Luis Galindo, for 1 month after Fujimori'sstatement. After their release Chavez and Galindo deniedhaving been Sendero supporters and announced plans to seekrestitution for having been falsely accused.Although the Constitution does not explicitly prohibit it, theGovernment did not practice involuntary exile of its citizens.Several public figures, however, remained in voluntary exile toescape what they perceived to be political persecution.Although others claimed they were in exile, they apparentlyfled from what appeared to be legitimate criminal charges. e. Denial of Fair Public TrialThe Peruvian system of criminal justice is generally based onthe Napoleonic Code. A Public Ministry prosecutor investigatesarrests and criminal complaints and then submits an opinion toa first-instance judge, who decides whether to indict.Following study of the case, the judge renders a verdict, whichis then reviewed by a superior court prosecutor. The superiorcourt prosecutor then submits an opinion on the case to asuperior court judge, who holds a trial. Terrorism cases, onthe other hand, are tried by anonymous superior court tribunalsmade up of three judges. Virtually all civilian courtconvictions are appealed to the Supreme Court.Defendants have the right to be present at their trial,although there were instances of trials in absentia offugitives (however, a 1993 modification to antiterrorism lawseliminated convictions in absentia). Although there weretrials in absentia, they did not lead to convictions, but toacquittals or judgments in reserve until the defendant was incustody. Defendants have the right to counsel, but theGovernment often does not provide the indigent with qualifiedattorneys. Following an investigation and filing of charges, ajudge renders a verdict. Sentences may be appealed to a panelof judges.The judicial branch rarely has been fully independent of theexecutive. However, the 1993 Constitution contains a number ofprovisions, including an improved system for naming judges,that provides for a significantly more independent judiciary.President Fujimori provisionally appointed some two-thirds ofthe incumbent judges and prosecutors after he seizedextraconstitutional powers in 1992. In 1993 the new Congressappointed an independent tribunal to review the 1992 dismissalsof hundreds of judicial officials, to examine thequalifications of President Fujimori's appointees, and toreplace those found to be unqualified. By December thistribunal completed its review of all the judges and prosecutorsin Lima. The tribunal found a large number of provisionaljudges and prosecutors unqualified and replaced them. Humanrights groups and independent observers applauded many of thechanges, and reports of corruption decreased with respect tothe reformed jurisdictions. At year's end, judicial officialsoutside Lima had not been reviewed.The legislative and executive branches openly interfered withan ongoing judicial branch action when, in February, theyapproved a law that imposed a new voting formula on SupremeCourt decisions concerning civil versus military jurisdiction.This law in effect gave jurisdiction over a sensitive humanrights case (the La Cantuta case--see Section 1.a.) to themilitary court system.There continued to be widespread charges of corruption and ofsuborning of judges, prosecutors, police, and witnesses at allstages of the judicial process, although the number ofcomplaints in Lima decreased significantly after permanentjudges were named to the Supreme and superior courts.Government efforts to reduce corruption included a salary raisefor judges and a more active judicial branch control mechanismto investigate allegations of bribes. This office of controldismissed 19 career judges and 33 provisional judges formisconduct during the year; it fined another 215; and itadmonished 439 for various irregularities. The Government's1995 budget allocations include a 70 percent real increase infunds for the judiciary and a 149 percent real increase for thePublic Ministry, whose responsibilities will dramaticallyincrease once the long-delayed new Criminal Procedures Code isbrought into force. The high cost of litigation limited accessto the judicial system, as did the lack of public judicialservices in many isolated areas of the country.Civilian courts made limited progress in tackling the judicialbacklog, a product of inefficiency, lack of infrastructure andpersonnel, archaic case law and criminal procedure law, and thehigh number of terrorism cases. According to the NationalPrisons Institute, there were 13,791 detainees awaiting trialthroughout the country on June 30. Meanwhile, a backlog of 800to 1,000 cases challenging the constitutionality of laws orofficial actions remained pending in the absence of actions toestablish the Tribunal of Constitutional Guarantees providedfor in the new Constitution.Sendero and MRTA threats and intimidation of judges were one ofthe justifications for President Fujimori's overhaul of theantiterrorism trial system in 1992. Civilian courts now tryterrorism cases in anonymous tribunals made up of three"faceless" judges. An August 1992 decree law classified manyterrorism cases as treason and therefore triable by militarycourts; the lesser cases are heard by civilian tribunals. InNovember Justice Minister Vega announced that he had proposedan end to the use of faceless judges to try civilians accusedof terrorism, an end to military tribunal jurisdiction overcivilians, and an end to the trial by faceless judges of minorscharged with terrorism. These proposals were before theCouncil of Ministers at year's end.Between September 1992 and August 1994, according to theofficial government newspaper, the military courts remanded 122cases to civilian jurisdiction after finding that there was notenough evidence to try some individuals for treason. Informedobservers believe that antiterrorism police in effect decidewhich cases are tried in military courts and which are tried incivilian courts. According to various human rights observers,approximately 80 percent of treason trials in military courtsresulted in convictions; civilian terrorism tribunals, incontrast, convict only around 60 percent. Treason convictionscarry sentences from 30 years to life in prison; there were 217persons serving life sentences for treason at the end of 1994.Proceedings in military courts do not meet internationallyaccepted standards for due process. Military trials are closedto the public and carried out in secrecy. Defense attorneys donot have access to the evidence, nor can they interview policeor military witnesses (to protect their identities) prior to orduring the trial. Military judges rarely have any legalbackground; they are active duty line officers. However,military justice system officials say they are making effortsto increase the number of judges with legal backgrounds.Military tribunals in theory must pass judgment within 10days. A case may be appealed to the War Council, which has 10days to make a decision. A final appeal to the Supreme Councilof Military Justice must be acted on within 5 days. However,this calendar is subject to delays in a number of cases. Humanrights groups charge that military trials have railroaded somedefendants and sentenced them before their lawyers were evennotified that the trial had begun.Statistics for military prosecutions of civilians suggestedgreater care and selectivity in the application of treason lawsto the most serious cases. In 1994 military courts prosecutedcivilians in 356 treason cases compared to 315 in 1993, butimposed life sentences on 72 persons, compared to 117 in 1993.Although the proceedings in military courts for all practicalpurposes are summary, not all those prosecuted are convicted.The military courts acquitted defendants in 7 cases andremanded 53 cases to civil authorities. The Government haspublicly recognized that military trials of civilians are atemporary, extraordinary measure out of step with internationalnorms, to be reformed as soon as the situation in its judgmentpermits. The authorities also began a review process ofmilitary trials. In late 1993, this review process absolvedMiguel Ruiz-Conejo, who had been wrongly convicted of treasonin a military court, and ordered his release. In 1994 aspecial military tribunal annulled five life sentences afterdiscovering procedural and other errors in reviewing thosetrials.In late April, the Government postponed indefinitelyimplementation of a new Criminal Procedures Code that was tohave taken effect on May 1. The new Code would have institutedaccusatorial investigative and trial procedures. Instead, theGovernment established an interagency commission to "reconcile"the Code with the 1993 Constitution and present the Congresswith a plan for the gradual application of the revised Code.Informed observers claimed that the Government postponed theCode's implementation because the National Police were unhappywith provisions that would grant more investigative authorityto prosecutors; because the armed forces opposed a provisionthat would mean prosecution of military personnel in civiliancourt for crimes such as murder that do not come under theMilitary Code of Justice; and because the Public Ministry wasnot prepared in terms of budget or personnel to put the newCode into practice.In 1993 an international panel of distinguished jurists visitedPeru and studied the legal and judicial system to determinewhether or not there was adequate due process, particularly interrorism trials. The panel recommended eliminating militarytrials of civilians and reintroducing precepts of due processsuspended by the 1992 antiterrorism decrees. When the juristsmade their report public in April, President Fujimori and hisJustice Minister rejected it as interference in Peru's internalaffairs. The Government maintained that further changes in thelaw and procedures used in treason and terrorism cases must belinked to progress in pacification, as well as to reform of thejudicial branch. The jurists' report stimulated a seriouspublic debate.The new Constitution provides for several new judicialinstitutions to help create a more effective and independentsystem of justice: an Office of the Defender of the People (ahuman rights ombudsman); a Tribunal of ConstitutionalGuarantees (which would rule on the constitutionality oflegislation and government actions); the National JudiciaryCouncil (a permanent, independent entity in charge of testing,naming, confirming, and periodically evaluating anddisciplining the country's judges and prosecutors); and aJudicial Academy (to train judges and prosecutors). TheCongress passed legislation to define the structure andfunctions of only the last two institutions; it had notestablished the other entities by the end of the year, but didcreate the Tribunal of Constitutional Guarantees in January1995. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution requires security forces to have a judicialwarrant to enter a private dwelling, but this requirement issuspended in the emergency zones, and security forces in thoseareas routinely conduct searches of private homes withoutwarrants. The law requires that a Public Ministry prosecutorbe present during searches. There were plausible reports that,on occasion, police planted subversive pamphlets in the homesof persons they suspected of terrorism but could not otherwisearrest for lack of evidence. There were frequent crediblereports of illegal telephone wiretaps. In August andSeptember, several prominent journalists, oppositionpoliticians, and retired military officers made credible claimsthat 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 targetedneighborhoods to conduct house-to-house searches. Theydetained persons wanted for a crime and held for questioningthose found with unregistered weapons, subversive material, orwithout identity documents. Public prosecutors routinelyaccompany these operations, and citizens made few complaints ofserious abuses stemming from them.A number of rural communities--with arms, training, andencouragement from the army--have organized self-defenseforces, or rondas, to protect themselves against terrorist andbandit incursions. These have had a noticeable impact oncurbing Sendero's presence in certain areas of the country. Insome parts of Peru, rondas have existed for centuries as a formof social organization and to protect communities from invadersand rustlers. However, military authorities organized many ofthe newer rondas and sometimes coerced peasants intoparticipating. As a regular practice and to a far greaterdegree, Sendero also forced peasants to join its militaryranks, often for extended periods, coercing their participationin terrorist attacks and executions. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsAlthough the Government stated that its security forces did nothave a policy of indiscriminate violence against civilians,army troops nevertheless killed an undetermined number ofnoncombatants in the Upper Huallaga valley. Between March 29and March 31, according to witnesses who testified before thelocal prosecutor, an army patrol detained and then killedbetween 8 and 12 villagers in Cayumba Chico, south of the cityof Tingo Maria in Huanuco department. The army also began todeny access to the zone north of Tingo Maria and west of theHuallaga river to delegates of the ICRC. In the course of aclaimed major sweep between April 5 and April 8, members of thearmy, using both helicopters and ground troops, entered thesettlements of Molluna and Moena and, according to similar,credible accounts by numerous eyewitnesses, indiscriminatelykilled most of the population. In some cases rape and torturepreceded the killing. The army reportedly fired rockets fromhelicopters at the settlements.The exact number of dead was difficult to determine because thearmy closed the zone to nonmilitary personnel for 7 weeks,during which time remains could have been moved or buried, andbecause many of the residents were transient farm workers whoseonly relatives were unlikely to report them as missing. TheCoordinadora decided to list only 25 persons as victims of thearmy operation--the only ones who could be identified by name,based on eyewitness reports and identified remains. The armedforces, the Congress, and the Attorney General's officeundertook investigations into these killings. In November aspecial prosecutor responsible for investigating this incidentbrought charges in a civilian court against an army captain forordering the deaths of at least eight persons. The armysubsequently undertook other large-scale operations in otherregions of the country without new claims of abuses, possiblyindicating that commanders made a conscious effort to avoidwhat happened in April.Although both the army and Sendero Luminoso violatedhumanitarian law in Peru's internal conflict, the latter wasresponsible for many more heinous violations than the former.Sendero frequently used arbitrary violence against civiliansand nonmilitary targets. It continued to detonate powerfulbombs in public places, indiscriminately killing and injuringdozens of bystanders, and persisted in its practice of enteringvillages and killing residents. Many of the victims wereunarmed women and children. Terrorist bomb attacks perpetratedby Sendero and MRTA killed 14 people and injured 86.In April, in one of its more gruesome massacres, a SenderoLuminoso column entered the village of Monterrico in theMazamari district of Junin department, burned down houses, andtortured and beheaded 18 residents. In the same area in Augustresidents discovered graves of several Ashaninka Indiansbelieved to have been killed by Sendero (see also Section 5).In armed confrontations, Sendero never took prisoners orattended to the wounded; its normal aim was to kill as manypeople as possible. Sendero also practiced forced militaryconscription of both adults and children. The law prohibitsmilitary conscription of children, and government forcesrespected this prohibition.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and freedom ofthe press. While the Government generally respected thisprovision, there were many instances when government officialsor members of the security forces harassed mediarepresentatives. The Government also used its economic powerand 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 regularlycriticize the Government and its policies. The Government ownsa television network, a daily newspaper, and a radio station,none of which is particularly influential.Opposition political parties and factions have access to themedia. Television stations, although generally progovernment,provide regular access to opposition figures on a variety ofnews and public affairs programs. The written press is definedby extremes, with many leading newspapers and magazines eitherstrongly for or against the Government.The Government took steps to eliminate the applicability to themedia of the Constitution's "habeas data" provision. Thislegal mechanism gives citizens the right to demandrectification for articles or reports they consider slanderous.Many journalists viewed this provision as a potential tool tocensor and harass the press. As a result of these concerns,the government majority in Congress voted 56 to 1 on August 18to remove from the Constitution the portion of the "habeasdata" clause related to the press. Local journalists praisedthis action, as did the Inter-American Press Society whichcalled the vote "an important step towards full observance ofpress freedom." However, the measure will not become law untilthe Congress approves it a second time in a subsequentlegislative session and the President signs it.On several isolated occasions, government officials tookmeasures that interfered with press freedom. On April 15,President Fujimori personally ordered a Reuter television crewto erase video footage it had taken during his visit to amaximum security prison in Puno, which showed Sendero Luminosoprisoners reading a statement about their support for a thensecret peace letter. The foreign correspondents' associationprotested the action but received no response from theGovernment.Also in April, the military justice system indicted six retiredgenerals on charges of "insulting the armed forces." Theretired officers had, in various press interviews, criticizeddecisions by the army leadership. Despite their retiredstatus, they were subjected to court-martial. In addition, amilitary court summoned a journalist for the opposition dailyLa Republica in April to explain his February 13 interview withone of the indicted generals who had criticized the army'shandling of the La Cantuta case.On April 30, army personnel arrested and beat radio journalistCesar Flores in Huanta, Ayacucho department. The day before,Flores had denounced the army's mistreatment of anotherjournalist. The army held Flores at the local army base for 6days on trumped-up charges that he had not done his obligatorymilitary duty.In March a Lima radio journalist began receiving anonymoustelephone calls threatening him with death if he did not stopcriticizing the Government. When the journalist complained topolice, they sent him official notices to appear forinterrogation regarding alleged terrorist actions that hadoccurred in far-off provinces. The harassment stopped afterinternational human rights monitors expressed interest in thecase.On September 2, the commander of the first military region,army Lieutenant General Howard Rodriguez, ordered his staff toexpose the film of a La Republica photographer who had shotfootage showing the General handing out calendars and postersof President Fujimori. General Rodriguez also allegedlythreatened the reporter. Although observers agreed that theGeneral's original activities constituted a probable violationof the constitutionally mandated political neutrality of thearmed forces, the authorities took no action against him.The authorities continued to detain 15 journalists for trial onterrorism charges at the end of 1994; the courts acquitted13 others of terrorism charges during the year. However, theirdetentions did not appear to be the result of a governmentpolicy to persecute journalists.The Government also exercises substantial influence over themedia through the placement of advertisements. Some mediaowners claim that the Government also encourages privateadvertisers to boycott opposition publications and uses taxinvestigations to harass the opposition media. Many mediaowners are involved in other economic activities that requiregovernment licensing or involve bidding on governmentcontracts. All these factors result in a degree of self-censorship, particularly in the broadcast media.The Government often restricted opposition media access byrefusing to send news releases and other information to somemagazines and limiting access to official transportation whenthe President visited remote parts of the country or traveledto other nations. However, after widespread criticism of thesecrecy that characterized the army's April sweep operation inHuanuco department, the military authorities began to reportpublicly on a more regular basis the results of theiroperations.The Government also used the legal system to keep oppositionjournalists off balance. Enrique Zileri, publisher of theopposition weekly magazine Caretas, was subject to a judicialorder to seize his possessions in July. The judge who signedthe order immediately took a vacation, leaving a substitutejudge to carry out the action. The attempted seizure resultedfrom accusations by a convicted felon who objected to his namebeing used in a Caretas story on drug trafficking. The casehad supposedly ended some time earlier, when the superior courthad ruled in Zileri's favor, yet somehow a second case for thesame alleged offense was initiated. Last-minute action byZileri and his attorney prevented the police contingent thatappeared on his doorstep from enforcing the seizure. Aneditorial in the July 27 edition of the conservative dailynewspaper 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 toSendero Luminoso attacks. The most notorious example ofSendero violence against the media occurred on March 14, whenthe house of Patricio Ricketts, a columnist with the dailynewspaper Expreso, was bombed. The attack, which killed apasserby and wounded Ricketts' daughter, appeared to be inretaliation for a Ricketts column titled "Sendero isannihilated," which had appeared in Expreso the previous day.Officials at Channel 2, the most progovernment televisionstation (and the site of a 1992 Sendero car-bombing), alsoreported receiving regular Sendero threats. Even opposition-leaning Channel 9 arranged for a group of soldiers to occupy afloor of its central office building as a form of insuranceagainst Sendero attacks.The Government generally respected academic freedom as long asit did not involve direct confrontation with securitypractices. The Government usually does not interfere in theteaching, discussion, or publication of a variety of opinions;however, all forms of indoctrination by subversive groups areprohibited, and teachers who express support of terroristideology are subject to prosecution.Sendero and, to a lesser extent, MRTA, have for a long timeused threats and abuse against faculty, staff, and students inan effort to gain control of a number of universities.However, since the military took control of campus security atseveral universities in 1991 and 1992, the terrorist groupshave maintained a lower profile. b. Freedom of Peaceful Assembly and AssociationThe Constitution expressly provides for these rights, and theauthorities normally respect them in practice, except in areasunder a state of emergency (where the right of assembly issuspended). Public meetings in plazas or streets requireadvance permission, which may be denied only for reasons ofpublic safety or health. Municipal authorities usuallyapproved permits for demonstrations in Lima and nonemergencyzones. Unauthorized public meetings occurred, and the policeoccasionally used clubs, tear gas, and water cannons to breakup marches or disperse large crowds, sometimes using excessiveforce. The police interrupted both unruly and peacefulgatherings this way in Lima, using these tactics againststriking public service workers, small political rallies, and amarch by students protesting human rights violations. InOctober police fired on a union march by dock workers in theport city of Callao, wounding two protesters. c. Freedom of ReligionThe Constitution provides for freedom of religion, and theGovernment respects this provision in practice. TheConstitution recognizes Roman Catholicism "as an importantelement in the historical, cultural, and moral development ofthe nation," but also establishes the separation of church andState. Conversion to other religions is respected, andmissionaries are allowed to enter the country and proselytize.Sendero Luminoso rejects religion and continued to threaten andintimidate religious workers. In addition to threats, Senderoterrorists threw a stick of dynamite at a Mormon chapel inChilca in June. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution provides for the right of free movement, andthere are no political or legal constraints on foreign travelor emigration. However, the authorities can restrict peoplewith pending criminal and, in some cases, civil charges fromleaving the country. Freedom of movement is suspended in theemergency zones but is generally permitted under control of thearmy. Nonetheless, the authorities may detain travelers in theemergency zones at any time. During the army's operation innorthern Huanuco department in April, the army closed a zonenorth of Tingo Maria and west of the Huallaga river for severalweeks (see Section 1.g.).The Constitution prohibits the revocation of citizenship.Repatriates (both voluntary and involuntary) are not treatedany differently than other citizens. Peru has provisions forgranting asylum and refugee status; the procedures have beenused by small groups of persons in recent years, principallyCubans. Refugees are not forced to return to countries inwhich they fear persecution.</text>
</content>
<name> </name>
<script></script>
</card>
card_56338.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: PERU HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 PERUPeru is a multiparty republic with a dominant executive branchheaded by President Alberto Fujimori. Following thePresident's April 1992 seizure of extraconstitutional powers,he called elections for a new Congress, which drafted a newConstitution approved in a 1993 referendum. The President'sparty controls the 80-member unicameral Constituent Congress.The next Congress will have 120 members elected at large inApril 1995. An independent tribunal has reviewed the mostsenior judicial appointments, but two-thirds of the judges andprosecutors remain provisional, chosen by the President.The military and police share public security duties. Since1980 much of their efforts have been directed toward defeatingSendero Luminoso and other antigovernment guerrillas. Asgovernment counterinsurgency policies became increasinglyeffective, the threat from Sendero greatly declined, and thehuman rights situation improved. Nonetheless, the military andthe police continued to be responsible for serious human rightsabuses and, except in rare cases, continued to act withimpunity.Peru's mixed economy combines free market capitalism with stateownership of some major industries. Minerals extraction andprocessing account for nearly half the foreign exchangeearnings. The Government pursued a market-oriented economicstabilization and structural adjustment program, includingprivatization of state-owned firms. The economy continued torecover from an economic crisis, with gross domestic productrising 12 percent and inflation falling to 15.3 percent.However, the 1993 census showed that over half of Peruvianslive in poverty, and nearly half of those in extreme poverty.Most of the human rights problems in 1994 continued to berelated to the guerrilla war, in which over 27,000 Peruvianshave died due to actions and abuses by both sides. TheGovernment lifted emergency zone status, which provides for thesuspension of certain constitutional guarantees, in sixprovinces in November, but this status continued in Lima andother provinces, affecting 48 percent of Peru's 22 millionpeople. While the number of human rights abuses such asextrajudicial killings and disappearances are down considerablyfrom previous years, the military and the police continued tobe responsible for numerous extrajudicial killings, arbitrarydetentions, torture, rape, and disappearances. The SenderoLuminoso and other terrorist groups were responsible for muchgreater numbers of serious abuses, including assassinations,massacres of indigenous people, torture, and the use of randomand specific acts of terror to intimidate the populace.Perpetrators of human rights violations in general continued toact with impunity. There was no effort to investigate the 1991Barrios Altos or 1992 Huancayo killings. Congress passed aspecial law to prevent the trial in the La Cantuta case (inwhich army personnel abducted and killed nine students and aprofessor from "La Cantuta" University in 1992) from going to acivilian court. While a military tribunal convicted a generaland eight other officers and sentenced them to jail terms,there was no rigorous investigation of accusations ofinvolvement 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 Governmentestablished two groups to review cases of individuals who hadsuffered prolonged detention without trial or who had beenwrongly arrested or convicted. It also repealed the TerroristRepentance Law, the abuse of which led to large number ofarbitrary detentions based on false accusations, but it did notaddress the fundamental problem of lack of due process. Prisonconditions remained poor, although the Government did improvesome facilities.By the end of 1994, Congress had not yet created the office ofthe "Defender of the People" (which would serve as an ombudsmanon human rights issues) as called for in the new Constitution.However, it passed legislation in October to reopen the officesof human rights prosecutors, which the Attorney General hadclosed in June when an executive decree restructured the PublicMinistry. The Congress also created the National JudiciaryCouncil to provide an independent review of current provisionaljudges and prosecutors, but it was not staffed or functioningby year's end. It postponed implementation of a new CriminalProcedures Code subject to a congressionally mandated reviewcommission. The Government continued to criticize harshlylocal human rights groups, and the President publicly rejectedwhat he termed "foreign interference" in human rights anddemocracy issues. The dialogue between the Government and theCoordinadora, an umbrella organization for human rights groups,stalled over a number of issues. Despite a generally freepress, some journalists were occasionally threatened andharassed. Peru's large indigenous population was subject towidespread discrimination. Violence against women remainedpervasive.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingSince 1980 Peru has suffered a bloody guerrilla war waged bythe terrorist groups Sendero Luminoso and the Tupac AmaruRevolutionary Movement (MRTA). This war has caused over 27,000deaths and numerous human rights abuses by both guerrillas andsecurity forces; Sendero Luminoso committed more killings thanthe security forces.The Coordinadora estimated that military forces wereresponsible for at least 32 extrajudicial killings, the ruralself-defense forces known as rondas were responsible for 2, andthe National Police for 4. Killings by the military could beeven greater, since according to credible reports, the armykilled an unknown number of civilians in Huanuco department inApril (the Coordinadora counted 25). The reported level ofkillings by government forces was slightly higher than in 1993,but still substantially lower than previous years. At theheight of the insurgency in 1992, the Coordinadora estimatedthat security forces were responsible for 114 extrajudicialkillings. Most of the 1994 killings took place in the UpperHuallaga valley, where the level of conflict was highest, andoccurred in the course of a military sweep operation in Huanucodepartment in April (see Section 1.g.).On January 20, military police detained university studentVictor Raul Espinoza after he reportedly instigated analtercation with military personnel near the presidentialpalace in Lima. They turned Espinoza over to the NationalPolice, who took him to a nearby police station where policereportedly tortured and killed him. Several hours later, thepolice took Espinoza's bruised body to a local hospital.Following an investigation, a judge found sufficient evidenceto indict 14 officers. According to the attorney forEspinoza's family, all 14 police indicted in the case remainedon active duty at the end of the year; the case remained openbut had not yet progressed beyond the investigative stage bythe Attorney General's office.However, civil authorities neither investigated fully most ofthe remaining killings by security forces, nor subjected theperpetrators to judicial sanctions. In those cases that weretaken up, the armed forces relied on provisions of the MilitaryJustice Code and the Constitution, the effect of which was topreempt independent civilian investigation and prosecution ofcases involving military abuses. Although administrativesanctions and dismissals may have been decided in some cases,this process often accorded impunity to the perpetrators ofhuman rights abuses. It was unclear how long even those whowere convicted would stay in jail, in light of credible reportsthat Captain Telmo Hurtado, who had confessed to and wasconvicted for the 1985 Accomarca massacre, had reappeared onactive duty.In January when a civilian judge indicted several armypersonnel for the 1992 abduction and execution of nine studentsand a professor from La Cantuta University, the army refused toturn the soldiers over to civilian authorities, asserting thatthe military court system had jurisdiction. While the armykept the indictees under military detention, the authoritiesappealed the jurisdiction issue to the Supreme Court in earlyFebruary. Before the Court could muster the required two-votemargin in favor of either civilian or military trial, thegovernment majority in Congress passed a bill, subsequentlysigned into law by President Fujimori, that permitted theone-vote majority in favor of prosecution in closed militarycourt to be sufficient. The military court convicted nine inthe case (a general and eight other commissioned andnoncommissioned officers) and imposed sentences ranging from 4to 20 years in prison (one was later acquitted on appeal).However, there was no rigorous investigation of allegationsthat higher-level officials had either ordered the killings orhad covered them up. Nonetheless, this was only the third timesince the onset of Sendero terrorism in which any courtconvicted military officers for extrajudicial killings, andincluded the highest ranking officer thus far convicted forsuch offenses.Sendero Luminoso continued to assassinate civilians, includingpeasants, farmers, villagers, indigenous people, civilauthorities and public servants, as well as 40 members of thesecurity forces. However, the number of people murdered bySendero 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 for22 political assassinations and unidentified subversivesresponsible for 8. Terrorist bomb attacks killed another 14people. In 17 other deaths, the Coordinadora was unable todeduce from available evidence whether the security forces orsubversives were responsible. The number of killings committedby each side doubtless is underreported because of theremoteness of many of the incidents and widespread distrust ofthe authorities and the judicial system. b. DisappearanceThe number of reported disappearances in 1994 was the lowestsince 1982. The Coordinadora registered only 25 unresolveddisappearances attributable to the security forces. Thisapparent reduction resulted from the Government's decision toend in late 1992 the tacit reliance on security forces' use ofdisappearances that characterized the previous two governments'counterinsurgency practices. Most of the disappearancesoccurred in areas where the insurgency was most active: Eightin Ucayali department, six in San Martin department, four inLima department and the rest in four other departments.However, with disappearances occurring in areas where theCoordinadora does not have a permanent presence, these numbersare subject to change. For example, human rights observersassociated with the Coordinadora discovered that the provincialhuman rights prosecutors based in the cities of Huanuco andHuancayo had reported to the Attorney General a higher numberof 1993 disappearances in their jurisdictions than had beenpreviously believed. The Coordinadora deduced that there mayhave been as many as 168 unresolved disappearances in 1993(previous estimates had ranged from 44 to 59). During thelatter part of 1994, the Coordinadora was investigating andattempting to confirm these reports. The closure for most ofthe year of Public Ministry human rights offices made it moredifficult to track disappearances in 1994 than in previousyears.As in the past, the majority of complaints about disappearancesin 1994 implicated members of the security forces in theemergency zones. Testimony from witnesses and survivorsindicated that the most common scenario was for groups of menin civilian attire to abduct individuals and take them tomilitary bases for interrogation. They later turned some overto the police for eventual terrorism trials, released others,but some never reappeared.On January 16, Orlando Lopez Villalobos was changing money at ahotel in Pucallpa, Ucayali department, when navy personnelforced him to give them his money and identity documents. Hereported this act to the local Catholic vicar's office, thenwent to the navy base to try to recover his money and papers.Lopez was never seen or heard from again. In another case inPucallpa, navy personnel detained Segundo Fernandez Ferrari onMarch 20 at his home in front of relatives. He never returnedhome, and his whereabouts remain unknown.Acting on provisions of a decree law issued by PresidentFujimori, Attorney General Blanca Nelida Colan shut down thePublic Ministry's office of the Special Prosecutor for HumanRights, which, among other responsibilities, trackeddisappearances on a full-time basis. Government officialsjustified this decision by citing the Constitution's creationof a "Defender of the People" office that would also monitorhuman rights. By year end, the government-controlled Congresshad not passed enacting legislation for the new office, but itdid reopen the office of the human rights prosecutor on aninterim basis in November until the office of the Defender ofthe People is established. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough the Constitution prohibits torture and inhuman orhumiliating treatment, torture and brutal treatment ofdetainees are common. Eyewitnesses and human rights monitorsreported that government security forces routinely torturedsuspected subversives at military and police detentioncenters. Justice Minister Vega acknowledged in November at aUnited Nations Human Rights Commission meeting in Geneva thattorture had not yet been eradicated in Peru but asserted thatreports of torture had declined.Torture most often takes place in the period immediatelyfollowing detention. The law permits police to hold aterrorism suspect incommunicado for 15 days, and for another15-day period in cases of treason (aggravated terrorism). Theincidence of torture is high during this time, partly becausethe detainee is not allowed access to family or an attorneyexcept when giving sworn statements to the public prosecutor.The Government asserts that the more liberal access itpreviously granted resulted in alleged miscarriages of justicein favor of detained terrorists. The law requires that theauthorities interrogate persons detained for terrorism in thepresence of a Public Ministry prosecutor, but they frequentlyviolate these standards, especially in the emergency zones. A1992 decree law eliminated the requirement that an attorney bepresent during the initial stages of detention andinterrogation in terrorism or treason cases. A modification tothat law, passed in 1993, permits a lawyer to be present when adetainee signs any written document, including his or herformal statement.On September 13, the police arrested Maria Elena Foronda, anenvironmentalist working in Chimbote, on suspicion of terrorismafter a so-called repentant terrorist taking advantage of theamnesty law made an accusation against her. After visiting herin jail, Foronda's mother publicly claimed that police hadbeaten Foronda and subjected her to psychological torture in anattempt to force her to confess that she was a terrorist.In early 1994, a Coordinadora delegation visited Picsi prisonnear Chiclayo and interviewed dozens of detainees. Virtuallyall those interviewed complained that the police had torturedthem during the interrogation phase of their detentions;several women claimed police had raped them. The Coordinadoranoted that the incidence of torture was very high at policestations but had declined at the prison itself.Besides beatings, common methods of torture included electricshock, water torture, asphyxiation, and hanging detainees on ahook from a rope attached to hands tied behind the back.Common forms of psychological torture included sleepdeprivation and death threats against both the detainee and hisor her family members. Interrogators almost always blindfoldedtheir victims during torture so they could not later identifytheir abusers.There continued to be credible reports that members of thesecurity forces raped women, especially in the emergencyzones. Following the alleged army indiscriminate killings ofcivilians in Molluna and Moena in April (see Section 1.g.),survivors claimed to have witnessed army personnel committingnumerous rapes of local women and girls. In one scene shown ontelevision news, a man entered Molluna without the knowledge orauthorization of the military authorities, accompanied byjournalists, to search for his 16-year-old daughter aftertroops had left the area. The state of his daughter's remainscorroborated the testimony of a witness who told him severalsoldiers had raped her. Several members of a commissionsponsored by Congress's human rights committee, includingrepresentatives of the Consejo por la Paz (Peace Council) andthe Coordinadora, visited the area and concluded that soldiershad carried out at least two rapes. The authorities took noaction to investigate or punish military rapists. According toeyewitnesses, on September 22, security forces raided thevillage of Paraiso in San Martin department and raped a womanand a 14-year-old girl. Several days later, the lieutenant whoconducted the raid reportedly admitted in front of Paraisovillagers and his commander in Tocache that he ordered therapes, but he has not been charged in this crime.Many victims of Sendero terrorism also show signs of havingbeen tortured. Sendero groups normally held a brief "people'strial" in the presence of onlookers as a means of intimidationbefore torturing their victims. There were credible accountsthat Sendero tortured people to death by means such as slittingthroats, strangulation, stoning, and burning. Mutilation ofthe body was common; in the Monterrico massacre, Senderomembers cut up the bodies of their victims with machetes andaxes (see Section 1.g.). In August Sendero sympathizerstortured four people they accused of cooperating with thepolice in the town of Llihuari, Huanuco department, for 3 daysbefore killing them.Conditions for many prisoners continued to be poor, althoughthe Government made a costly and extensive effort to improveexisting penal facilities, construct new penitentiaries, andameliorate the physical conditions of detention. Nonetheless,prisoners in many facilities continued to experience unsanitaryfacilities, poor nutrition and health care, and occasionallyharsh treatment by both prison staff and fellow inmates. Picsiprison near Chiclayo, for example, holds twice the number ofinmates for which it was designed and has no running water.Illegal drugs, tuberculosis, and AIDS are at near-epidemicproportions 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 electricalwires are exposed in various parts of the building. Detainees,held temporarily in windowless cells in Lima's palace ofjustice, are not allowed outside for exercise and fresh air andare taken to the bathroom only once a day.Since prison authorities reestablished control in 1992 inprisons formerly managed in all but name by Sendero,prisoner-on-prisoner violence and abuse of inmates by prisonofficials appears to have declined. However, corruptioncontinued to be a problem among prison staff, who wereimplicated in offenses such as sexual blackmail, sellingnarcotics and weapons, and arranging escapes. Prisoners oftenhave to bribe guards to get a mattress and report that guardssubject inmates to beatings, torture, and degrading treatment.The Government showed a greater willingness to clamp down oncorruption than in past years. Prison authorities fired someofficials at Lima's San Jorge facility for charging money topermit relatives to give food and medicine to some inmates. Inlate September, the authorities removed from duty the wardenand a number of corrupt police guards at Lurigancho prison.The Government built a number of prisons around the country andcompleted renovation of two of the largest facilities forterrorism convicts and detainees, Castro Castro in Lima andYanamayo in Puno department. These projects helped alleviatethe severe overcrowding in the prison system and improved thephysical conditions in which many inmates must live. d. Arbitrary Arrest, Detention, or ExileThe Constitution, the Criminal Code, and antiterroristlegislation delineate the arrest and detention process.However, a number of constitutional protections are suspendedin emergency zones. For example, security forces do not needan arrest warrant; they may legally hold incommunicado thosedetained for treason or terrorism and deny them access to anattorney during the interrogation period, except when givingformal statements.In areas not subject to a state of emergency, the law requiresa judicial warrant for arrest, unless a perpetrator is caughtin the act. In addition, the Organic Law of the NationalPolice--in contradiction of the Constitution and other laws--permits detention of an individual for any investigation. Theauthorities must arraign persons arrested within 24 hours (butthey frequently violate this legal provision, according toinformed observers), except in cases of terrorism, drugtrafficking, or espionage, for which the limit is 15 to 30days. If the military is the detaining authority, it must turnover detainees to the police within 24 hours (or as soon aspracticable in remote areas). The military disregarded thislaw in many cases.Detainees have the right to choose their own attorney, or theGovernment must provide counsel at no cost. Often this doesnot occur in practice, and human rights monitors reportinstances in which court clerks (or in one case, an army cook)were deputized to stand in as public defenders. There is nofunctioning bail system, although a form of provisional libertyis theoretically available for persons not accused ofterrorism, espionage, or narcotics offenses. A 1993modification to antiterrorism legislation authorizedfirst-instance and superior court judges to order theunconditional release of terrorism defendants if there isinsufficient evidence to bring a case against them. However,judges have not applied this law in practice; rather, personsaccused of terrorism sometimes must wait until their cases havebeen reviewed and dismissed by the Supreme Court before theyare freed, a process that often lasts more than a year afterthe defendant's arrest.Juan Mallea, an evangelical pastor who drove a taxi to helpsupport his family, was arrested in July 1993 when he drove acustomer to a house that was being raided by antiterrorismpolice. The passenger turned out to be a member of SenderoLuminoso; the police accused Mallea of drawing a map foundinside the house. They presented him publicly in striped jailclothes; Mallea later claimed that the antiterrorism policetortured him. Although independent handwriting expertstestified that Mallea could not have been the author of themap, and despite being acquitted by a circuit court judge, theauthorities did not free him until April, when the Limasuperior court finally ruled in his favor.Another 1993 modification to the antiterrorism laws restored adetainee's right to a prompt judicial determination of thelegality of the detention ("habeas corpus"). In practice,however, this has proven to be ineffective; according to humanrights attorneys, judges have denied the vast majority of suchrequests.The Public Ministry inaugurated a National Registry ofDetainees to track cases of persons arrested for terrorismoffenses. Both the police and the military must report thenames of anyone they detain within 24 hours. The Governmentalso formalized the registry statutorily (it had beenestablished provisionally in 1992) and created an interagencycommittee to oversee its operation and correct any problems.The Registry opened to the public in Lima in February; branchoffices were inaugurated in Tarapoto, San Martin department, inSeptember and in Ayacucho in November. Some registry usershave commented that it is incomplete and that the military andpolice frequently do not provide informations on detainees in atimely fashion.Apart from an interruption of its access in northern Huanucodepartment in April (see Section 1.g.), the InternationalCommittee of the Red Cross (ICRC) operations proceedednormally. The authorities permitted ICRC representatives tovisit detainees in any place of detention, including prisons,jails, police stations, and military bases.According to Justice Minister Vega, 80 percent of the country'sprison population, or 16,000 of the 20,000 prisoners, consistedof accused persons awaiting trial. The special terrorismprosecutor's office reported that 4,888 persons awaited trialfor terrorism or treason as of August 31. The average delaybetween arrest and civilian trial on criminal or terrorismcharges was between 26 and 36 months. However, those tried ontreason charges by military courts generally wait no longerthan 40 days between the time of detention and the beginning ofthe trial.Persons accused of terrorism must remain in custody whileawaiting trial, no matter how little evidence there is againstthem. During this time, only immediate family members mayvisit them for a total of 15 minutes per month. Since theantiterrorism decrees took effect in 1992, there were numerousinstances when the authorities arrested and detained peoplewith very weak or no evidence against them. The policearrested Jesus Alfonso Castiglione, the owner and operator of aradio station in Huacho, in April 1993 when some of hispossessions were found in an apartment in another city where aknown terrorist was captured. Castiglione had been a tenant inthe apartment a year before; he had left some of his belongingsthere as a security deposit and was unaware that the owner haddecided to rent the apartment to someone else after he movedout. Despite the lack of evidence linking him to terrorism, acourt convicted Castiglione in August, and he began serving a20-year sentence while awaiting action on an appeal to theSupreme Court.Although government regulations to end public displays ofdetainees were issued in January 1995, there were numerouscases in 1994 in which police or the military presenteddetainees in striped jail clothes to the media as terrorists.Occasionally such detainees were acquitted because they wereinnocent or for lack of evidence; many of those acquittedcharged that they had been stigmatized by these public displays.There were a number of arbitrary detentions as a result ofabuse and misapplication of the Terrorist Amnesty Law, whichCongress repealed effective November 1. Under its provisions,terrorists could have their sentences reduced or suspended ifthey gave authorities the names of terrorist leaders. Thisplea-bargaining option led many terrorists to accuse innocentpeople of being subversives, and the authorities detainedhundreds of people around the country solely on the basis ofsuch accusations.The police first arrested journalist Javier Tuanama in October1990 and accused him of belonging to MRTA. After a longjudicial process, the courts finally acquitted Tuanama in Marchand released him from prison. However, just after he walkedout of jail, the police rearrested him on another outstandingwarrant: a "repentant" terrorist had accused Tuanama ofrecruiting young people for MRTA in Amazonas department inDecember 1990 (when he was in jail). A court acquitted Tuanamaof two charges, but then sentenced him to 10 years in prisonbased on a third charge that he had given refuge to repentantMRTA members, despite retractions by the two terrorists whoaccused him. Tuanama has spent 4 years in prison.</text>
</content>
<name>Peru </name>
<script></script>
</card>
card_56218.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: PARAGUAY HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationThe Constitution allows both private and public sector workers(with the exception of the armed forces and the police) to formand join unions without government interference. TheConstitution contains several provisions which protectfundamental workers' rights, including an antidiscriminationclause, provisions for employment tenure, severance pay forunjustified firings, collective bargaining, and the right tostrike. Approximately 9 percent of workers are organized.In general, unions are independent of the Government andpolitical parties. However one of the nation's three laborcentrals, the Confederation of Paraguayan Workers (CPT), hastraditionally been closely aligned with the ruling ColoradoParty. The Government does not require the CPT to comply withunion election requirements to the same extent that it requirescompliance from the other labor centrals. Government officialswere also accused of encouraging some of the recently organizedpublic sector unions to affiliate with the CPT.All unions must be registered with the Ministry of Justice andLabor. The registration process is cumbersome and can takeseveral months. Furthermore, employers who wish to oppose theformation of a union can further delay union recognition byfiling a writ with the Government opposing it. Virtually allunions that request recognition eventually receive it, however.The Constitution protects the right to strike and bans bindingarbitration. Furthermore, high-level officials from theMinistry of Justice and Labor have made themselves available tomediate labor conflicts. The Constitution protects strikersand leaders against retribution, and several strikes occurredin 1994. Despite these provisions, employers dismissed manystrikers and labor leaders for attempting to form unions, forcarrying out routine union business, or for carrying outstrikes. The International Labor Organization (ILO) iscurrently considering two pending claims against the Governmentfor alleged violations of international labor standards.Unions are free to form and join federations or confederationsand affiliate with and participate in international laborbodies. b. The Right to Organize and Bargain CollectivelyThe law provides for collective bargaining, and collectivecontracts were successfully concluded in many cases. Thenumber of successfully negotiated collective contractscontinued to grow in 1994; however, collective contracts werestill the exception rather than the norm in labor-managementrelations and typically reaffirmed minimum standardsestablished by law. When wages are not set in freenegotiations between unions and employers, they are made acondition of individual employment offered to employees.While the Constitution prohibits antiunion discrimination, thefiring and harassment of some union organizers and leaders inthe private sector continued. Fired union leaders can seekredress in the courts, but the labor courts have been slow torespond to complaints and typically favor business in disputes.The courts are not required to order the reinstatement ofworkers fired for union activities. As in previous years, insome cases where judges ordered reinstatement of dischargedworkers, the employers disregarded the court order withimpunity. There are a number of cases in which trade unionleaders, fired within the last 5 years, have not yet received adecision from the courts.There were over 20 strikes by unions affiliated with theindependent labor central CUT alone, the vast majority of whichwere directly related to the firing of union organizers, tomanagement violations of a collective contract, to managementefforts to prevent workers from freely associating, or tobenefit demands such as payment of the minimum wage orcontribution to the social security system. The failure tomeet salary payments frequently precipitated labor problems.Principal problems included bottlenecks in the judicial systemand 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 legallyestablished minimum wage or overtime pay who choose not toprotest because of fear of reprisal or anticipation ofgovernment inaction.Paraguay has no export processing zones. c. Prohibition of Forced or Compulsory LaborThe law prohibits forced labor. However, substantiated casesof abuse of national service obligations occurred during 1994.There were several documented cases of draftees forced to serveas laborers for military officers in their residences orprivately owned businesses. Other than the abuse of nationalservice obligations, the authorities appear to effectivelyenforce the law. Domestics, children, and foreign workers arenot forced to remain in situations amounting to coerced orbonded labor. d. Minimum Age for Employment of ChildrenThe office of the Director General for the Protection of Minorsin the Ministry of Justice and Labor is responsible forenforcing child labor laws. Minors between 15 to 18 years ofage may be employed only with parental authorization and cannotbe employed under dangerous or unhealthy conditions. Childrenbetween 12 and 15 years of age may be employed only in familyenterprises, apprenticeships, or in agriculture. The LaborCode prohibits work by children under 12 years of age, and allchildren are required to attend elementary school. Inpractice, however, many thousands of children, many youngerthan 12, work in urban areas engaged in informal employmentsuch as selling newspapers and sundries, shining shoes, andcleaning car windows. In rural areas, it is not unusual forchildren as young as 10 to work beside their parents in thefield. e. Acceptable Conditions of WorkThe executive, through the Ministry of Justice and Labor, hasestablished a private sector minimum wage sufficient tomaintain a minimally adequate standard of living. The minimumsalary was adjusted by 10 percent in June to $200 (379,000guarani) a month in response to a loss in real purchasing powerof between 30 to 40 percent since 1989. The Ministry isunable, however, to enforce the minimum wage, and most analystsagree that from 50 to 70 percent of workers earn less than thedecreed minimum.The Labor Code allows for a standard legal workweek of48 hours, 42 hours for night work, with 1 day of rest. The lawalso provides for an annual bonus of 1 month's salary and aminimum of 6 vacation days a year. The law requires overtimepayment for hours in excess of the standard, but there are noprohibitions on excessive compulsory overtime. Many employers,however, violate these provisions. Workers in thetransportation sector struck in March to demand that their workday be limited to 8 hours and that they be paid the minimumwage.The Labor Code also stipulates conditions of safety, hygiene,and comfort. However, the Ministry of Justice and Labor didnot effectively enforce the Code's safety and hygieneprovisions, partially due to the lack of inspectors. This ledthe labor movement to sponsor inspector training programsdesigned to ensure that violations were registered with theMinistry. Workers do not have the right to remove themselvesfrom situations which endanger health or safety withoutjeopardy to their continued employment. Although workers whofile complaints about such conditions are protected by law,many employers took disciplinary action against protestingemployees with impunity.</text>
</content>
<name> </name>
<script></script>
</card>
card_55987.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: PARAGUAY HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 PARAGUAYParaguay has been independent since 1811, but until 1989 wasruled almost continuously by authoritarian regimes. On August15, Juan Carlos Wasmosy, Paraguay's first freely electedcivilian President, completed his initial year of a 5-yearterm. Wasmosy pledged to consolidate the nation's democratictransition, which began following the February 1989 overthrowof dictator General Alfredo Stroessner. Paraguay is aconstitutional republic with a strong executive branch and anincreasingly important bicameral legislature. The President isthe Head of Government and cannot succeed himself. TheColorado Party and the armed forces continue to exercisesubstantial influence, although the opposition's power hasincreased as a result of a combination of the changes broughtabout by the June 1992 Constitution and the subsequent electionof a civilian President and an opposition-controlled Congress.The national police force, under the overall authority of theMinistry of the Interior, has responsibility for maintaininginternal security and public order. Police abuses of humanrights, including extrajudicial killings, continued in 1994.In contrast to previous years, however, the Government didconvict and sentence three police officers for killingcivilians. Members of the armed forces continued to insertthemselves into the political process, including using theirinfluence over the courts to ensure decisions that validatetheir political activities. While some military officialsaccused of human rights abuses during 1994 were suspended andinvestigated, none were arrested, sentenced, or convicted.Paraguay has a market economy based on the export of primaryagricultural products. A substantial percentage of the workforce is employed in the informal economy, which may accountfor 40 to 60 percent of the gross domestic product. Efforts toprivatize state-owned enterprises continued in 1994. Realeconomic growth was expected to be about 3.6 percent.Principal human rights problems included extrajudicialkillings, torture and mistreatment of criminal suspects andprisoners, police and military corruption, detention ofsuspects without judicial orders, general weaknesses within thejudiciary, firings of labor organizers, and military intrusionsinto the judicial and political systems. The Government beganefforts to convict and punish those committing human rightsabuses during the Stroessner era, and the courts sentencedpersons in several such cases in 1994.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were at least two extrajudicial killings involvingsecurity force officials, including the shooting of peasantleader Sebastian Larrosa (reportedly by local police officialAugusto Palacios) and the killing by naval official WalterArce, apparently while inebriated, of Leonardo Molinas. Bothcases remained under investigation at year's end.In April Elena Cubas killed peasant leader Esteban Balbuena inColonia 7 de Agosto, Itapua. Balbuena was one of the mostvisible organizers and participants in local rural workerorganizations and in demonstrations against the Government'sagrarian policy. Although police officials originallydismissed the killing as a "crime of passion," when Cubas wasarrested, she originally told police that she followed theinstructions of unnamed officials. She later recanted, and thecase remained under investigation at year's end.During the year at least two other peasant leaders were alsokilled. In August several unidentified attackers fought withand killed German Ayala, a peasant leader in Itapua and awitness in the Balbuena case. In April three unknown personskilled Hilario Sanabria, a peasant leader in Caaguazu, while hewas returning home from a soccer game. Their associatesasserted that antipeasant vigilante groups were responsible.There was no indication that the Government investigated theseclaims.In a departure from prior practice, the Government began toconvict and punish police officials who committed serious humanrights abuses. In April police official Aurelio Enciso wassentenced to 6 years of prison for the 1991 killing of JuanDesiderio Ortellado Cardozo, a 14-year-old suspected oftrespassing. In September police official Marciano Ramon LopezPintos was sentenced to 19 years in prison for the 1989 murdersof Gregorio Bernal and Pablo Gonzalez. Also in September,police official Cirilio Paniagua was sentenced to 8 years inprison for the 1990 killing of Fermina Martinez Velazquez. b. DisappearanceThere were no reported cases of abductions by security forces. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentTorture and brutal and degrading treatment of convictedprisoners and other detainees continued. Police, military, andprison guards were implicated in the mistreatment ofindividuals in their custody. Although the authoritiesarrested some and held them for investigation and trial, theyactually tried, convicted, or appropriately punished very few.There were credible reports of mistreatment of women and minorsand of brutal attempts to force confessions out of detainees.A respected human rights group, Tekojoja, reported thatchildren in police custody were particularly susceptible tophysical punishment, with torture and abuse occurring againstjuveniles at a higher rate than against adult detainees. Thehuman rights group accused the police in several cases oftorturing 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. Manyminors reported being denied food, drink, or access tobathrooms for up to 3 days. Both Tekojoja and anotherwell-known human rights group, the Committee of Churches, filedcharges against several officials for the abuse of minors intheir custody. None of the many persons charged in court oftorturing minors were convicted during the year.Prison conditions remained poor. Overcrowding and mistreatmentof prisoners were the most serious problems. Conditions wereparticularly poor in the Panchito Lopez youth prison. Anindependent investigation of the prison revealed that theinstitution was unsanitary, unsafe, and extremely overcrowded;although originally built as a single family home, theinstitution houses between 130 and 150 detainees. The Tacumbumen's prison is similarly overcrowded. The human rightscommittee of the Brazilian Attorneys' Association released astatement declaring that the Paraguayan prisons in Alto Paranaand Canindeyu were "inhuman." The Government permitsindependent monitoring of prison conditions by interestednongovernmental organizations (NGO's). d. Arbitrary Arrest, Detention, or ExileThe Constitution prohibits detention without an arrest warrantsigned by a judge and stipulates that any person arrested mustbe presented before a judge within 48 hours to make a statement.The police can arrest persons without a warrant if they catchthem in the act of committing a crime, but must present thembefore a judge within 24 hours. However, the authorities oftenviolated these provisions. More than 90 percent of anestimated 3,000 prisoners are held without arrest warrants,orders of detention, or convictions. Courts have passedsentence on only 6 percent of the detainees at Tacumbu prison,only 2.5 percent of the detainees at the Buen Pastor women'sprison, and virtually none of the detainees at the PanchitoLopez juvenile prison. Although a bail system exists for mostcrimes, juveniles cannot post bond. Furthermore, judgesfrequently set bail very high, and many accused are unable topost bond.Throughout the year the authorities arrested and imprisonedindividuals without following the constitutional legalprocess. There were a number of cases similar to that of LuciaGaleano Rivas, who remained imprisoned 4 months without cause.Galeano Rivas was first imprisoned on the basis of an ordersigned by a justice of the peace who did not have the legalauthority to issue such a warrant and which did not specify thegrounds for her arrest. Almost 3 months later, she appearedbefore a criminal court judge who could find no cause for herimprisonment and released her. In many other cases, policeofficials took persons into custody by without a valid judicialorder and did not present them before a judge for several days.The Supreme Court, the Public Ministry, and a judicial workinggroup took steps to reduce the large number of detainees heldwithout being sentenced or without cause. During the year,they reduced the number of criminal cases pending more than1 year by over 20 percent. The Supreme Court and many criminalcourt judges also made quarterly visits to the prisons toidentify and release improperly held individuals. In Augustthe authorities released Isabelino Villalba after he served20 years in prison without being sentenced.The Constitution does not expressly prohibit forced exile butstates that all citizens have the right to reside in theircountry.Credible reports continued that landowners, many of themBrazilians living near the border in the Alto Parana, Canindeyuand Amambay departments, armed their employees to removesquatters from their property without court orders. Some ofthe evictions reportedly were violent, and there wereunsubstantiated reports of fatalities. However, theauthorities undertook no investigation into these incidents. e. Denial of Fair Public TrialThe judicial branch is comprised of a five-member Supreme Courtheaded by a president. There are four appellate tribunals:civil and commercial, criminal, labor, and juvenile. Severalminor courts and justices of the peace fall within these fourfunctional areas. Although the 1992 Constitution stipulatesthat all defendants have the right to an attorney at publicexpense, if necessary, there are only five public defendersavailable to the transient and the indigent. Many destitutesuspects receive little legal assistance, and few have accessto an attorney sufficiently in advance of the trial to preparea defense. The State is represented by a Public Ministryofficial, who is responsible for bringing charges againstaccused persons.Trials are conducted almost exclusively by presentation ofwritten documents to a judge, who then renders a decision.Defendants and the State can present written testimony ofwitnesses and evidence. All interested parties have access toall documents reviewed by the judge, and defendants can rebutwitnesses. Defendants enjoy a presumption of innocence. Thejudge alone determines guilt or innocence and decidespunishment. During the pretrial phase, the judge receives andmay request investigative reports. In this phase, the judge isalso likely to make a personal inspection of the scene of thecrime and of the available physical evidence. The accusedoften appears before the court only twice: to plead and to besentenced. An appellate judge automatically reviews allverdicts, and the law provides for appeals to the SupremeCourt. The military has its own judicial system.Although the 1992 Constitution prescribes that judges beselected by a combination of an independent Magistrate'sCouncil, the Congress, and the executive, that body was notconstituted until late October. Accordingly, many of thejudges active during 1994 were holdover appointments made byformer dictator Alfredo Stroessner serving in an interimcapacity beyond their established 5-year term. Several of themwere alleged to make judicial decisions on the basis ofbribery, intimidation, political motives, and friendship withsenior military officers and Colorado Party officials. InMarch the President ordered the transfer or retirement of over70 judges, and he made several judicial appointments by fiat.Following the December 1992 discovery of government archivesdocumenting various human rights abuses and implicating manyformer government officials of the Stroessner regime, in 1994the courts convicted several Stroessner-era officials for humanrights abuses and imposed sentences of up to 25 years. TheCommittee of Churches, one of the nation's most prominent humanrights groups, had over 16 cases against alleged Stroessner-erahuman rights abusers pending at year's end.There are no political prisoners, and the Government does notpunish political activity. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceWhile the Government and its security forces generally did notinterfere in the private lives of citizens, there wereexceptions. The Constitution provides that police may notenter private homes except to prevent a crime in progress orwhen the police possess a judicial warrant. There werecredible reports that at times the authorities ignored thislegal guarantee, particularly in the country's interior. Therewere also allegations that the Government occasionally spied onindividuals and monitored communications for political andsecurity reasons.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of expression and thepress. The public and the press exercised these rights morefreely than at any time in the nation's recent history.Opposition viewpoints were freely discussed, and criticism ofthe Government was ubiquitous in the media. On June 9,President Wasmosy signed the Declaration of Chapultepecpledging to support freedom of the press. Nonetheless, therewere some restrictions on expression. Former presidentialcandidate Ricardo Canese was found guilty of criminal slanderand sentenced to 4 months in prison and a $7,000 fine foraccusing President Wasmosy of providing kickbacks to the familyof former dictator Alfredo Stroessner during the constructionof the Itaipu dam. Canese appealed his conviction, and thecase remained under review at year's end.Government forces also occasionally inhibited reporting.During the May 2 general strike, police officials threatenedseven reporters and told them to stop filming a clash betweenpolice and workers in Ciudad del Este. Gunfire that same daygravely injured journalist Carlos Mariano Godoy while he wasreporting on striking workers in the town of Tacuara, SanPedro. Police officials beat several photographers when theyattempted to photograph a clash between police and strikingworkers at an oil plant in Itaugua on August 17. The ViceMinister of the Interior met with the photographers andpromised to investigate police behavior. At year's end,however, the authorities had taken no action against thesepolice officials. In April military officials confiscatedreporter Ismael Villalba's camera and held him for over anhour, after he tried to photograph a Congressman meeting with asoldier. The investigation into the May 1993 election dayattack on independent television Channel 13 continued at year'send with no suspects having been arrested.Some reporters were threatened and physically attacked during1994, although investigative reporting continued. As in thepast, threats were made against persons examining allegationsof official corruption, the contraband trade, and ties to theStroessner regime.There were no restrictions on academic freedom. b. Freedom of Peaceful Assembly and AssociationThe Constitution establishes the right of association andpeaceful assembly for all citizens, but the security forcesoccasionally impeded protest demonstrations. A law regulatingdemonstrations in Asuncion limits the areas where and the hourswhen they may take place and requires that organizers notifythe Asuncion police 24 hours before any rally in the downtownarea. The police may ban a protest but must provide writtennotification of such a ban within 12 hours of receipt of theorganizers' request. Under the law, a police ban is permittedonly if a third party has already given notice of plans for asimilar rally at the same place and time. In addition, the lawprohibits public meetings or demonstrations in front of thepresidential palace and outside military or police barracks.Most of the various political and social demonstrations andrallies occurred without incident. Some rallies, however,ended in violent clashes with the police. During the May 2general strike, violent incidents occurred in Tacuara, SanPedro; Fernando de la Mora, Central department; and in Ciudaddel Este, Alto Parana. The Government also attempted toinhibit a March 15 peasant rally to protest agrarian policy.Government forces established roadblocks at key road junctionsleading to Asuncion and caused hours-long delays while policeofficials carried out time consuming and uncommon reviews ofvehicle registrations and driver's licenses of personstransporting peasants to the rally. The police also detainedmany bus passengers traveling to Asuncion. c. Freedom of ReligionThe Constitution provides for freedom of conscience for allpersons and recognizes no official religion. The Governmentcontinued to respect this freedom in 1994. Roman Catholicismis the predominant religion, but all denominations are free toworship as they choose. Adherence to a particular creedconfers no legal advantage or disadvantage, and foreign andlocal missionaries proselytize freely. All religious groupsmust 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 RepatriationAll citizens travel freely within the country with virtually norestrictions. There are no restrictions on foreign travel oremigration. There are no established provisions to grantasylum or refugee status; the Immigration Department determineseach request on a case-by-case basis in consultation with theMinistries of Foreign Relations and the Interior. There wereno reports of refugees forced to return to countries in whichthey feared persecution.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens have the right and ability to change their governmentthrough democratic means. Multiple parties and candidatescontest the nation's leadership positions. Three partieselected candidates to the Congress, and nine candidates ran forthe Presidency in 1993. The Constitution and the ElectoralCode mandate general elections every 5 years, voting by secretballot, and universal suffrage. The executive and legislativebranches govern the country; opposition political partiescontrol the Congress. Debate is free, and the Congressroutinely rejects important government proposals.Vestiges remain of the Stroessner-era merging of the State andthe ruling Colorado Party. Throughout the year the pressdocumented the use of state resources, particularly vehicles,to support party political rallies. There were also crediblereports of party officials requiring public employees to attendparty functions. In addition, the military continued to wieldsignificant political power.Members of indigenous groups are entitled to vote, and thepercentage of indigenous people who exercised this privilegegrew dramatically in recent years. Nonetheless, theinhabitants of many indigenous communities were threatened orinhibited from fully exercising their political rights. Somewere threatened with death or with losing access tocooperatives and stores unless they supported certain partyofficials or practices.While there are no formal legal impediments, women often facesignificant obstacles when they seek to participate ingovernment and politics. Participation by women in thepolitical system, although improved in 1994, was still limitedin the male-dominated society of Paraguay. Few women serve inthe Congress (3 of 45 Senators and 2 of 80 National Deputies),or the executive branch. During the year, the President namedtwo women to ambassadorial posts, and one woman, the Secretaryfor Women's Affairs, serves in the Cabinet.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsSeveral human rights groups operate in Paraguay, including theCommittee of Churches (an interdenominational group thatmonitors human rights and provides legal assistance), Prodemos(a group linked to the Catholic church), Tekojoja (a groupdedicated to protection of children's rights), and the localchapter of the Association of Latin American Lawyers for theDefense of Human Rights. The Government did not restrict theactivities of any human rights groups in 1994.The office of the Director General of Human Rights, located inthe Ministry of Justice and Labor, continued to sponsorseminars to promote human rights awareness. This office hasaccess to congressional, executive, and judicial authorities.It does not have subpoena or prosecutorial powers but mayforward information concerning human rights abuses to theoffice of the Attorney General for action. It also serves as aclearing house for information on human rights and trainedthousands of educators in human rights law in 1994.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusAlthough the Constitution and other laws prohibitdiscrimination, certain groups faced significant discriminationin practice. WomenExploitation of women, especially teenaged prostitutes,remained a serious problem. The municipal health department ofAsuncion reported that 58 percent of the prostitutes in thecapital are minors under 18 years of age. Police frequentlyraided brothels in which minors were employed. In contrast tothe impunity granted brothel owners in the past, in October thepolice arrested several brothel owners, including one formerpolice commissioner. However, the courts had sentenced none ofthe accused by year's end.The Government only recently began pressing domestic violencecharges against individuals. To date, however, the courts havenot yet convicted any perpetrators of violence against women.The office of the Secretary for Women's Affairs continued tosponsor programs to enable women to have free and equal accessto employment, social security, housing, ownership of land, andbusiness opportunities. However, authorities paid insufficientattention to sex-related job discrimination. Some womencomplained that job promotions were conditioned upon theirgranting sexual favors. ChildrenThe Constitution protects certain children's rights, includinga stipulation that parents and the State care for, feed,educate, and support children. Nonetheless, approximately26,000 children work in urban areas as street vendors, shiningshoes, or as prostitutes. The majority of these childrensuffer from malnutrition, lack of access to education, anddisease. The employers of some young girls working as domesticservants or nannies deny them access to education and mistreatthem. Employers sometimes charge those who seek to leavedomestic jobs with robbery and turn them over to the police.The armed forces Chief of Staff ordered all officersresponsible for recruiting to ensure that all conscripts metthe constitutionally mandated minimum age of 17 for militaryservice. Many officers violated this order with impunity,however, and the military took no disciplinary action againstthem. Indigenous PeopleParaguay has an unassimilated and neglected indigenouspopulation estimated at 75,000 to 100,000. Weak organizationand lack of financial resources continued to limit access byindigenous peoples to the political and economic system.Indigenous groups relied primarily upon parliamentarycommissions to promote their particular interests,notwithstanding the fact that the Constitution providesindigenous people the right to participate in the economic,social, political, and cultural life of the nation. TheConstitution also contains protection for their propertyinterests, but these constitutional rights are still not fullycodified.The Government's National Indigenous Institute has theauthority to purchase land on behalf of indigenous communitiesand to expropriate private property under certain conditions toestablish tribal homelands, but the entity continued to bepoorly funded. In addition, many indigenous people find itdifficult to travel to the capital to solicit land titles orprocess the required documentation associated with landownership. The main problems facing the indigenous populationwere lack of education, malnutrition, lack of medicalattention, and economic displacement resulting from developmentand modernization. Despite frequent media attention, littleprogress was made in 1994 in dealing with these problems. National/Racial/Ethnic MinoritiesThe Korean and Chinese communities experience social andeconomic discrimination and are sometimes denied access tocredit terms enjoyed by other Paraguayans. They are alsosometimes discriminated against in the housing market and donot have equal access to private institutions and schools.Although discrimination on the basis of national, racial, orethnic background is unconstitutional, the only redress isthrough the civil courts. Because of the costs, standardlength of a civil case (approximately 3 to 4 years), and a lackof public confidence in those courts by those discriminatedagainst, most never seek redress in court. During the yearthere were no court judgments in civil cases brought on groundsof ethnic or racial discrimination. People with DisabilitiesThe 1992 Constitution guarantees equal opportunity to peoplewith disabilities and mandates that the State provide them withhealth care, education, recreation, and professional training.It further requires that the State formulate a policy for theprevention, treatment, rehabilitation, and integration intosociety of people with disabilities. Legislation establishingthese programs, however, has not yet been enacted. Many peoplewith disabilities face significant discrimination inemployment; others are unable to seek employment because of alack of accessible public transportation. Other than theconstitutional provisions establishing equal opportunity,accessibility for the disabled has not been mandated throughlaw; the vast majority of the nation's buildings, both publicand private, are inaccessible to people with disabilities.</text>
</content>
<name>Paraguay </name>
<script></script>
</card>
card_55762.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: PAPUA NEW GUINEA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationThe right to form and join labor unions is protected by law,subject to registration by the Department of Labor. While theGovernment does not use registration as a form of control overunions, an unregistered union has no legal standing with theDepartment of Labor or before the courts and, accordingly,cannot operate effectively. Unionized workers account forabout one-half of the 250,000 wage earners in the formaleconomy and are organized into some 50 trade unions, most ofwhich are associated with the Trade Unions Congress. Unionsare independent of the Government and of political parties.They may freely affiliate with international organizations.Both public- and private-sector unions exercised their legalright to strike in 1994. b. The Right to Organize and Bargain CollectivelyThe Constitution provides for the right to engage in collectivebargaining and to join industrial organizations. These rightsare exercised freely. In 1994 the International LaborOrganization (ILO) again admonished the Government to amend thelaw that gives it discretionary power to cancel arbitrationawards or declare wage agreements void when they are contraryto government policy. The Government has stated the amendmenthas not been made due to a lack of resources. The lawprohibits antiunion discrimination by employers against unionmembers and organizers. The Department of Labor andEmployment, as well as the courts, is involved in disputesettlement. Wages over and above the minimum wage are setthrough negotiations between employers and employees or theirrespective industrial organizations.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe Constitution forbids slavery and all forms of forced orcompulsory labor, and there were no reports of such practices. d. Minimum Age for Employment of ChildrenThe minimum working age, as established in the Employment Act,is 18 years. However, children between the ages of 11 and 18may be employed in family related work provided they haveparental permission, a medical clearance, and a work permitfrom a labor office. Such employment is rare, except insubsistence agriculture. The Department of Labor andEmployment and the courts take steps to enforce the minimum agelaw, but they are so hampered by a lack of resources thatenforcement is not effective. e. Acceptable Conditions of WorkMinimum wages for the private sector are set by the MinimumWage Board, a quasi-governmental body with worker and employerrepresentation. The most recent determination, which becameeffective in October 1992, reduced the minimum wage for newlyhired urban workers by about 75 percent to $19.50 (Kina 22.96)per week. The new minimum wage would not support a decentstandard of living for a worker and family who exist solely onthe cash economy. A 12 percent devaluation of the Kina inSeptember, and the further depreciation of the Kina followingthe decision to allow the currency to float in October, hasreduced the real wage received by workers. Minimum wagelevels, allowances, rest periods, holidays, leave, and overtimeare regulated by law. The workweek is limited by law to 42hours (44 in rural areas). The law provides for at least onerest period of at least 24 consecutive hours in every week.Enforcement of the Industrial Health and Safety Law and relatedregulations is the responsibility of the Department of Laborand Employment. The law requires that inspections take placeon a regular basis, but, due to a shortage of inspectors, theyoccur only when requested by workers or unions.</text>
</content>
<name> </name>
<script></script>
</card>
card_55385.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: PAPUA NEW GUINEA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 PAPUA NEW GUINEAPapua New Guinea (PNG) comprises some 1,000 tribes and over 800distinct languages in a population of about 4 million. It hasa federal parliamentary system based on universal adultsuffrage in periodic free and fair elections.The Government has constitutional authority over the armedforces (PNGDF), police, and intelligence organizations.However, government failure to control and discipline the PNGDFhas led to human rights abuses involving civilian communitieson the island of Bougainville. A similar failing has resultedin abuses by the Royal Papua New Guinea Constabulary (RPNGC),the country's only police force.The economy is characterized by a relatively small but modernfree enterprise sector, heavily dependent on foreigninvestment, and a traditional subsistence sector that supportsover 80 percent of the population. The modern sector producesmost of the wealth and, normally, slightly less than 80 percentof government revenue, with the balance of the budget needsmade up by assistance, including a cash grant from Australia.Resolving the secessionist movement, now over 5 years old, onthe island of Bougainville continued to be a major priority ofthe Government. In October the Government of Prime MinisterChan sponsored an internationally monitored peace conferencethat was boycotted by senior Bougainville Revolutionary Army(BRA) leaders. Extrajudicial killings by security forces andBRA insurgents on Bougainville were major human rights abuses.Other continuing problems were the physical abuse, sometimesresulting in death, of detainees and prisoners by securityforces, and the Government's failure to bring the perpetratorsto justice; extensive discrimination and violence againstwomen; and a tradition of ethnically motivated violence.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere continued to be credible reports from Bougainville thatthe PNGDF and progovernment resistance fighters executedalleged BRA members or their supporters. In May the CatholicBishops' Conference asserted that earlier in the year, personswho were either soldiers or resistance fighters brutally beatand executed Thomas Patoe at the Sovele Catholic missioncompound. Patoe was the younger brother of a BRA commander inthe Nagovis area who had begun to work with resistancefighters. A BRA spokesman claimed that security forcestortured and executed Clement Duini of Amoing village incentral Bougainville and two others from southwest Bougainvillein July at government-run care centers. In February the BRAaccused the PNGDF of killing a civilian by pushing him out of aflying helicopter.A circuit-riding National Court judge and the magistrate systemhave been reestablished in Buka. The Government nonethelesscontinued, as in previous years, to fail to investigatesecurity force atrocities in the Bougainville conflict or tobring perpetrators to justice, thus perpetuating the climate ofimpunity that encourages the continuation of such abuses. InApril the court did, however, sentence a former BRA commanderto 17 years in prison for willful murder and arson during aNovember 1990 BRA attack in Buka. No progress has beenpublicly reported in an inquest ordered in 1991 by formerAttorney General Narokobi into the deaths of 11 persons inNorth Solomons Province in 1989 and 1990.Government sources hold the BRA responsible for 12 deaths ofPNGDF personnel and the deaths of at least 3 policemen in1994. There are also credible reports that the BRA killedcivilians. Between January and March, the BRA is alleged tohave engaged in at least 11 separate attacks resulting in atleast 40 deaths. Prior to and during the 7-day October peacetalks, both sides violated the cease-fire in several reportedambushes, resulting in at least seven deaths.Outside of Bougainville, in February a court in Mount Hagensentenced a policeman to 5 years' hard labor for manslaughter.According to the court, the policeman was angered by the justreleased detainee's verbal abuse and retaliated by killing himwith a spear. In July in Port Moresby a youth died in policecustody during or immediately after questioning. The incidentwas investigated by police, but at year's end no charges hadbeen filed. b. DisappearanceAlthough both the security forces and the BRA continued toallege that the other was responsible for civilian kidnapingsor disappearances, no official charges were made publicly. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution forbids torture and other cruel or degradingtreatment or punishment. Nonetheless, PNG security forces (PNGsoldiers, police, and correctional personnel), as well as BRAinsurgents on Bougainville, continue to engage in suchpractices.Credible reports indicate that the PNGDF mutilated ordismembered bodies of BRA killed in combat and left them as awarning to others. Other credible reports indicate thatresistance forces supporting the PNGDF have done the same towounded BRA. Security forces are reported to have burned homesin villages near Panguna during their August operation toretake the mine. A coroner's inquest into the role of PNGDFsoldiers in the 1993 burning down of a Port Moresby club andthe death of a soldier had reported no findings by the end of1994.The BRA is believed responsible for a May attack in Mabesvillage that injured former Bougainville Member of Parliament(M.P.) Sir Paul Lapun and his family.Credible reports of torture, excessive force, and abuse by PNGpolice in all regions reflected continued government failure todiscipline the RPNGC. Almost all of the more than 28 casesreportedly filed in 1994 with the national court, under specialprocedures designed to protect human rights, alleged abuse bycorrectional or police officers. Allegations ranged from rapewhile in detention to severe beatings that caused loss of sightor limb. In early 1994, villagers from several smallcommunities near Fane, Central province, reported that policehad entered their homes in late December 1993, beating thevillagers and stealing and destroying property. The policeapparently were searching for suspected criminals. Suchattacks on villages are frequently a form of collectivepunishment.Although the courts address cases of police abuse that arepressed through the court system, many cases never reach thecourts because of the lack of evidence, reliance on incompletepolice investigations, or the failure of overburdened andunderfunded prosecutors to follow through. Frequentlywitnesses can not be located or funds found to transport themlong distances to court. In the first of five similar rulingsin 1994, the national court in August ordered the State to paymore than $1 million to five clans in Chimbu province fordamages inflicted by police in separate incidents in 1986 and1990. According to the reports, which the Government neverdenied, police burned homes, destroyed crops, killed livestock,and assaulted villagers while searching for suspectedcriminals. In May a policeman in Lae was sentenced to 9 years'hard labor for the September 1993 rape of a woman in policecustody. In Port Moresby, a senior police official is facingcharges for raping a woman under detention. In October aNational Court judge ordered the State and a police officer topay damages to a prisoner for abuse suffered during detention.Prisons are severely overcrowded and understaffed, and prisonescapes are common. Due to government-wide financialdifficulties, water and food were in short supply during thelast half of the year.The authorities released some prisoners to relieve pressures onthe prison system. Family members are allowed to visit andsupply food to supplement the prison diet, although prisonvisits and privileges are frequently curtailed followingdisturbances or breakouts.Redress through the courts is sometimes available to victims ofofficial misconduct. Following several years of litigation,the case brought by an M.P. from Bougainville seekingcompensation for injuries suffered at the hands of securityforce members in 1989 was settled out of court. The SupremeCourt introduced a simple form in 1989 enabling citizens tofile human rights complaints directly with the national court,without need for counsel. If the judge determines that thecase has merit, he may direct an investigation. Thecompensation claim of five Chimbu clans cited previously inthis section was initiated though this simplified process. Itwas, however, pursued by a private lawyer. d. Arbitrary Arrest, Detention, or ExileThe courts enforce constitutional protections against arbitraryarrest and detention. For example, using special proceduresdeveloped for human rights cases (see section 1.c.), in Octoberthe National Court fined the State for holding a civilian for 4days without charge. The constitutional protections, however,have been weakened by the Internal Security Act and 1993amendments to existing anticrime legislation which provide thatjudicially issued warrants are no longer required when theauthorities suspect that a person has committed any offenseagainst that Act or in the case of certain, largelywhite-collar, offenses. The Act further permits a person to beclassified as a member of a proscribed organization solely onthe basis of an affidavit filed by the police commissioner,without further proof. The Government has not yet sought aconviction under the Internal Security Act. Under amendmentsto the Bail Act and the Criminal Code passed in 1993, onlynational or Supreme Court judges may grant bail in certaincriminal cases involving a firearm. In all other cases, bailmay be granted unless a judge rules otherwise. Those underarrest have the right to legal counsel, to be informed ofcharges, and to have their arrest subject to judicial review.In April a man from Central province claimed that he had beenheld by the BRA for 6 years and released only followingextensive negotiations with his family. He claimed that he andfive others had been taken prisoner while trying to leave Kietain 1988. He had no information on the whereabouts of theothers.Given the relative shortage of police and judicial resourcesand an exceptionally high crime rate, periods between arrestand trial can be long, particularly in the rural areas where 6months can pass between arrest and committal. Such periods ofdetention, however, are subject to strict judicial review,through continuing pretrial consultations, especially at theNational Court level. Nevertheless, cases are frequentlydelayed for months awaiting the results of policeinvestigations.Exile is not practiced. e. Denial of Fair Public TrialThe Constitution provides for due process, including a publictrial, and an indpendent court system enforces this.Defendants have the right to an attorney. Legal counsel isprovided either by the Public Solicitor's office or by the LawSociety on recommendation of the Public Solicitor's office, forthose accused of serious offenses and unable to affordcounsel. "Serious offenses" are generally defined as felonycharges or any case heard in either the national or districtcourt (as opposed to village or magistrate courts).Defendants and their attorneys may confront witnesses, presentevidence, plead cases, and appeal convictions.The courts are completely independent of executive, political,or military authorities, and the Government does not hold anyprisoners on purely political grounds.Although the national court has resumed operation in Buka,North Solomons province, the lack of free and safe access toBougainville island proper continues to hamper investigationsof alleged human rights violations there. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceWhile the authorities generally respect privacy rights, policein the highlands and the PNGDF in Bougainville have burnedhomes to quell intertribal conflict and punish communitiessuspected of harboring suspected criminals. Also, police oftenforce entry into homes during searches for criminals or stolengoods. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsArmed conflict decreased significantly following theinstitution of a cease-fire September 9. There were twosignificant outbreaks of violence in the period preceding thecease-fire: the first, February-March, was attributed to theBRA and the second, August, was related to the PNGDF's actionto retake Panguna copper mine.Each side claims the other committed abuses against civilians.In March the BRA accused the PNGDF of using civilians as humanshields, citing specifically a March 23 clash at Tabago andMaisuru in south Bougainville. The PNGDF countered that theBRA was responsible for killing 17 civilians during an attackon a relief convoy. Throughout the year, but particularlyimmediately following the cease-fire, the Government reportedan increased number of civilians leaving BRA-controlled areasin search of food, shelter, and health care. Before theSeptember cease-fire, there were continuing reports of BRAattacks against civilians, both to hamper economic activity andto intimidate them into remaining in BRA-controlled areas. TheBRA allegedly burned homes and villages throughout Bougainvillein retaliation for villagers' cooperation with security forcesand to deny opponents use of the villages. BRA attacks onsecurity forces continued despite the cease-fire, with asoldier and a civilian killed in mid-November. At least onemember of a BRA party attempting to attend the early OctoberBougainville peace conference reportedly was wounded when theparty was fired on by the PNGDF.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for free speech, including freedom ofthe media, and this freedom is generally respected inpractice.The media provided independent coverage and analysis of majorcontroversies in 1994--including the ongoing insurrection onBougainville, the legal problems of senior governmentministers, and the question of the legality of the snapelection called by the former prime minister.One blatant attempt at censorship occurred nn April 6, when theMinister for Communication ordered the national radiobroadcasting system, NBC, to stop broadcasting news from asummit meeting of the New Guinea islands' premiers on thegrounds that the premiers might discuss secession. NBC, whichreceives its funding from the Government but maintains agenerally independent line in its news stories and editorials,defied the ban and continued to broadcast, drawing from pressaccounts supplied by others present at the summit. Followingwidespread domestic and international criticism, the Ministerrescinded his order, claiming that his concern for the personalsecurity of NBC reporters, rather than the political content oftheir coverage, had inspired his censorship attempt.The two daily newspapers and one weekly newspaper competeaggressively. One of the two dailies is owned by a Malaysianfirm, which has invested heavily in PNG's timber industry, andby senior members of the former government, but the newspaperhas nonetheless been generally independent and unbiased in itsfirst year of existence.The Government and the PNG defense force continued to controlthe media's access to Bougainville, restricting access ofjournalists to the island and to participants in the conflict,although a greater number were allowed to visit and interviewcombatants on both sides of the insurrection this year than inthe past. There is no attempt to censor press reports filedfrom Bougainville.The courts occasionally try citizens and foreigners under theprovisions of the Censorship Act which ban the import,broadcast or publication of materials deemed pornographicaccording to Papua New Guinea's rather strict, church-basedstandards. The usual sentence for violations of the CensorshipAct is confiscation and destruction of the restricted goods,although the courts can legally impose a fine of $17.00 (20Kina) or more or a prison sentence of up to 2 years. TheOmbudsman Commission and the courts in Papua New Guinea havesupported the right of free speech over government prerogativein most of the cases they have been asked to address. b. Freedom of Peaceful Assembly and AssociationPrivate associations and public assemblies are legal. TheGovernment does not require registration of associations.International affiliation of church and civic groups is alsofreely permitted. Public demonstrations require policeapproval; this is frequently denied on the grounds that suchactivities encourage bystanders to engage in vandalism andviolence. In April in Buka, the Government told organizers ofa demonstration planned to protest a change in administrativepersonnel and responsibilities that the demonstration would beillegal. The demonstration did not take place. In Decemberhuman rights and women's activists were given permission tomarch in protest of human rights abuses in general and theincreasing incidence of criminal and family violence. c. Freedom of ReligionThe Constitution contains provisions for freedom of religion,and the Government respects these fully. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationFollowing the October cease-fire, PNG security forces no longerrequired travelers to Buka to obtain permits. Governmentapproval is still required for travel to Bougainville for thosenot from the island. By the end of the year, a border post hadreopened permitting crossings between PNG and neighboringSolomon Islands. Otherwise, freedom of movement within andoutside the country has not been restricted in practice. TheGovernment has not applied sections of the Internal SecurityAct left standing by the Supreme Court which authorize theGovernment to exclude from any part of the country anyoneconvicted under the Act or likely to commit an offense underthe Act. The Government has dropped plans it announced in 1993to introduce legislation establishing a national system ofregistration and identification cards.The Government hosts around 9,000 Melanesian refugees fromIrian Jaya, the neighboring province of Indonesia.Approximately 6,000, many of whom have land or kinship tieswith Papua New Guineans, live along the border just insidePapua New Guinea. Neither the Government nor the UnitedNations High Commissioner for Refugees (UNHCR) providesservices to them. While Papua New Guinea recognizes Irian Jayaas an integral part of Indonesia, the Government nonethelessgrants asylum to qualified refugees, and regulations allowforeign citizens who meet the 10-year residency requirements tobecome PNG citizens. The Government administers UNHCRassistance to about 3,600 refugees at the sole remaining campat East Awin.There were no known forced repatriations of Irian Jayaninsurgents to Indonesia during 1994. More than 120 werevoluntarily repatriated.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens freely exercise the right to change their governmentthrough direct elections with a secret ballot and universaladult suffrage. The voters elect a unicameral Parliament madeup of 109 members from all 19 provinces and the Port MoresbyNational Capital District. Any citizen can stand for election,and several foreign-born citizens sit in Parliament. With amultiplicity of small parties, coalition governments tend to beweak and shifting; none has yet survived its 5-year electoralmandate. Former Prime Minister Paias Wingti provoked aconstitutional crisis in September 1993 when he attempted,through an unexpected resignation and immediate reelection, toensure that his coalition remained in office . In August theSupreme Court ruled that Wingti's reelection was invalid. Hedid not stand for office when Parliament on August 30 electedDeputy Prime Minister Sir Julius Chan Prime Minister.By-elections for Parliament ordered by the National Court in 3provinces, following disputed 1992 elections, were contested by26 candidates in October and conducted peacefully but weremarred in one district by preelection violence in June.Postelection violence caused by disgruntled supporters oflosing candidates continued to occur, however, particularly inprovincial and local elections.Although there are no legal barriers to their participation inpolitical life, women are not found in significant numbers insenior 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 RightsThere are no official barriers to the formation of human rightsgroups. The PNG Association for Human Rights, formed in 1992,has been relatively inactive. The Individual and CommunityRights Advocacy Forum (ICRAF), a nongovernmental organization(NGO) formed in 1993, became increasingly active; it focused onhuman rights and the environment. NGO's have exercised theirright to comment on human rights issues in the media withoutany known government interference or retribution. TheGovernment organized a U.N.-sponsored seminar in October toreview its options for establishing a national human rightscommission.The U.N. Human Rights Commission adopted a resolution in Marchurging the Government to seek a peaceful solution to the crisisin Bougainville, and it authorized the Secretary General toconsider appointing a Special Representative after September 30if the situation warranted. The Government facilitated a visitby a senior U.N. official in August, and in September theSecretary General advised that he would not appoint a specialrepresentative. The Government permitted an increased numberof visits to Bougainville by reporters, including an Australiantelevision crew in February, and sponsored visits by anAustralian parliamentary delegation in April, Tonga's CrownPrince in June, and a representative of the U.N. SecretaryGeneral for the October peace conference. However, it has notextended invitations to nongovernmental human rightsorganizations that have expressed interest in investigatingalleged human rights abuses there.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusExtreme ethnic and geographic diversity prevents domination byany one tribe or clan. The democratically elected government,based on loose coalitions, has taken care not to favor onegroup over another consistently. WomenThe Constitution and laws have provisions for extensive rightsfor women including family law, marriage, and property rights.Some women in the modern sector have achieved senior positionsin the professions, business, and civil service. Nonetheless,traditional patterns of discrimination against women result ina significant denial of human rights. Despite constitutionaland legal provisions, most women, even those in urban areas,still live in a system that relegates them to second-classstatus. Village courts tend to enforce traditional attitudesand values that oppress both women and youth.For example, village court justices tend to be overly severe onwomen by imposing jail terms on women found guilty of adultery,while penalizing men lightly or not at all. Circuit-ridingnational court justices, however, frequently annul villagecourt sentences and free unjustly imprisoned women.Nevertheless, when sentence is imposed, there is a tendency toimpose longer sentences on women than men, particularly incases involving loss of life. Where polygynous marriages arestill customary, particularly in the highlands, there has beenan increase in the number of women charged with the murder ofanother of their husband's wives, reportedly due to thebreakdown in custom and tradition.Violence against women, including domestic violence and gangrape, is prevalent. Some tribal and clan cultures emphasizeantagonism between the sexes. While women are ostensiblyprotected by their families and clans, they are nonethelessoften victims of violence and force. Traditional villagedeterrents, such as requirements for compensation, are breakingdown.Attacks on women remain common in intertribal warfare as well.Fear of rape, especially gang rape, is justifiably common amongwomen and constrains not only their movements and socialactivities but also their ability to exercise authority anddiscipline in business and professional activities. The numberof reported cases of rape is rising steadily. Though rape ispunishable by prison sentences, and sentences are handed outwhen assailants are found guilty, few assailants areapprehended. Most areas without access to law enforcementservices rely on "payback," a traditional form of revengedirected at the offender's tribe or clan, to deter or punishrape. Domestic violence such as wife beating is also commonbut is usually viewed by police and citizenry alike as aprivate, family matter. One study sponsored by the policedepartment itself found that wife abuse is prevalent in policefamilies.Both the Government and public organizations are working toupgrade the status of women but so far with limited results.In June Parliament ratified the Convention on the Eliminationof Discrimination Against Women (CEDAW). According to the U.N.Development Program, the literacy rate of PNG's adult femalepopulation has actually declined by 5 percent over the past 14years. The Government provides a grant to the National Councilof Women and has instituted an Office of Women's Affairs in theDepartment of Home Affairs and Youth. ChildrenThe Government's ability to protect the rights and welfare ofchildren is limited by financial constraints. Approximately 44percent of PNG's population is under the age of 16. In PNG'straditional clan system, children are generally cared forwithin the extended family, in accordance with financialresources and the tribe's access to services. Because of thegeographic isolation and remoteness of many villages,malnourishment and infant and maternal mortality rates are veryhigh. Although statistics are not available, welfare officersbelieve that child abuse is increasing as village life and theextended family give way to urban development. Most programsto protect and develop youth are operated by NGO's, includingthe recently formed child protection services, and religiousorganizations. Many government programs are severelyunderfunded. People with DisabilitiesThrough the National Board for the Disabled, the Governmentprovides limited funding for the disabled to approximately 14NGO's which provide services. The Government does not provideprograms or services directly. Services and health care forthe disabled, except for that provided by the traditionalfamily and clan system, do not exist in several of thecountry's provinces. No legislation mandates accessibility forthe disabled.</text>
</content>
<name>Papua New Guinea </name>
<script></script>
</card>
card_55190.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: PANAMA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution prohibits discrimination on the basis of race,illegitimacy, social class, sex, religion, or political views. WomenWomen generally do not enjoy the same economic opportunities asmen. The law does not recognize property in common, anddivorced or deserted women are often left destitute. However,the Legislative Assembly approved a new Family Code in Aprilwhich will recognize joint or common property in marriages.The new Code will take effect in early 1995 after the executivebranch identifies the financial resources necessary to fundadditional tribunals and related activities.Although the Constitution mandates equal pay for equal work,wages paid to women are often lower than those for equivalentwork performed by men and increase at a slower rate. A UnitedNations report published in August noted that women occupy only4 percent of the managerial positions in Panama. Althoughstatistics are lacking, there are credible reports of sexualharassment, firings for pregnancy, and hiring practices basedon age and "attractiveness."Domestic violence against women continued to be a seriousproblem. A late-1993 report by the reputable Center for theDevelopment of the Woman estimated that victims report as fewas 20 percent of the sexual assaults committed against women inSan Miguelito and Panama City--two of the most denselypopulated areas in the country--to law enforcementauthorities. The Foundation for the Promotion of the Womanreleased an informal study that stated that the emergency roomof the largest public hospital in Panama City treated 1,222domestic violence victims during 1993. As of September, thatfoundation itself assisted almost 400 victims of domesticviolence or abuse. Other private groups and governmentagencies also operated programs to assist victims of suchabuse. The Government acknowledged the seriousness of violencedirected against women by signing the Inter-American Conventionon the Prevention, Punishment, and Eradication of Violenceagainst Women.A number of private women's rights groups, including groups forindigenous women, concentrate on disseminating informationabout women's rights, countering domestic abuse, enhancingemployment and other skills, and pressing for legal reforms.Indigenous women vocally criticized male governmentadministrators and politicians for overlooking indigenouswomen's rights. In response to pressure by women'sorganizations, the Government created a Women's Department atthe Ministry of Labor in July 1993 to report on abuses in theworkplace as well as larger social issues. The office,however, was given little funding and has been relativelyineffective. ChildrenThe Tutelar de Menores, a quasi-judicial authority withadditional administrative roles, plays a role in the protectionand care of minors, but the Government has no specific officecharged with protecting children's rights. A women's advocacygroup reported that 72 percent of children are born fromnonstable, short-term relationships. Many children suffer frommalnutrition, neglect, and inadequate medical care. Juvenilecourts report a high incidence of juvenile delinquency in majorurban areas. The new Family Code calls for restructuring theunderfunded and overtasked juvenile court authority thatincludes a rehabilitation program, an orphan care authority,and a juvenile detention authority. It also clarifiesreporting authority and strengthens preventive protectionpowers in suspected juvenile abuse cases. It would also createa mechanism to record and report suspected domestic violencecases involving minors. Indigenous PeoplePanama's indigenous population of approximately 194,000 (8percent of the population) theoretically has all the samepolitical rights as other citizens. The Constitution protectsthe ethnic identity and native languages of indigenous people,requiring the Government to provide bilingual literacy programsin indigenous communities. The Ministry of Government andJustice maintains a Directorate of Indigenous Policy. TheLegislative Assembly in November created an indigenous affairscommission to address charges that the central Government hasneglected indigenous needs. Despite legal protection andformal equality, indigenous people generally endured relativelyhigher levels of poverty, disease, malnutrition, and illiteracythan the rest of the population. In practice, languageproblems also weaken the formal protections offered by thelaw. Since indigenous populations infrequently master Spanishwell enough to use appropriate legal terminology, they oftenhave difficulty in understanding their rights under the LegalCode. This language barrier also hamstrings efforts byindigenous people to defend themselves in court.Panama's indigenous population, particularly the Embera, Choco,and Ngobe-Bugle, has grown increasingly vocal in requesting theGovernment to create more indigenous reserves. Indigenouspeople began to organize themselves but, despite a November1993 convention for national coordination of indigenouspeoples, met only limited success in lobbying the Government toprotect their rights. The Government did grant the Emberatribes in Darien semiautonomous reserve status. The Presidentappoints a governor who administers two nearby administrativeareas in conjunction with tribal advisory councils. Medicalcare and potable water supplies on the reserves remaininadequate. Ngobe-Bugle groups complained that privatelandholders restricted access to tribal lands. The Governmentsupported the landholders' claims that legal leases were stillin effect.Indigenous people have legal rights and take part in decisionsaffecting their lands, cultures, traditions, and the allocationof natural resources. During the 1994 presidential elections,the Coordinator for Indigenous Peoples--an umbrellaorganization promoting indigenous rights--called uponindigenous peoples not to vote for any presidential candidatesuntil the Government met demands for a Ngobe-Bugle reserve anddevelopment funds for indigenous organizations. Ultimately,however, few refrained from voting. The new Family Coderecognizes traditional indigenous cultural marriage rites asthe equivalent of a civil ceremony. National/Racial/Ethnic MinoritiesThe law does not discriminate against any social, religious, orcultural group; however, naturalized citizens may not holdcertain categories of elective office. While anecdotalevidence indicates that a constitutional provision reservingretail trade to Panamanian citizens originally was directed atChinese immigrants, government officials have stated that itserves as a barrier to keep foreign retail chains fromoperating in Panama. The measure is not enforced in practice,however. Chinese and Indian residents of Panama, as well asPanamanians of Chinese and Indian descent, operate much of theretail trade, particularly in urban areas.Leaders of the over 100,000-member East Asian and South Asiancommunities credibly claimed that Panamanian society at largetreats Panamanian-resident Chinese and Indians as well asPanamanian citizens of Asian origin as second-class citizens. People with DisabilitiesGovernment policy and support for citizens with disabilities isthe responsibility of the Workers with Disabilities Office ofthe Department of Labor and Social Welfare. Created in 1980,it is responsible for placing qualified disabled workers withemployers. The office was in charge of implementing a June1993 executive order which provided employers with taxincentives for hiring people with disabilities. As ofSeptember, 89 employers had hired a total of only 166 disabledemployees under this program. Although some public buildingsand retail stores have access ramps for disabled people, no lawor regulation compels the use of ramps or other easy-accessfeatures in public or private buildings.Section 6 Worker Rights a. The Right of AssociationPrivate sector workers have the right to form and join unionsof their choice, subject to registration by the Government.However, unions have criticized government requirements forregistration, including the minimum number of workers necessaryfor union formation (currently 51). With a large percentage ofsmall shops and businesses having fewer than the requirednumber of employees to meet registration requirements, many inthe work force cannot organize. In addition, organized laborhas complained that the Government has rejected efforts overthe past 20 years to organize in several "strategic sectors"such as banking and the Colon Free Zone.According to Ministry of Labor statistics, approximately 10percent of the total employed labor force is organized. Thereare 256 active unions, grouped under 6 confederations and 48federations representing approximately 79,000 members in theprivate sector. Although the new Perez Balladares Governmenthas closer ties with organized labor than did the Endaraadministration, neither the Government nor the politicalparties control or financially support any unions. Unionorganizations at every level may and do affiliate withinternational bodies.The new Civil Service Law of June 20 permits most governmentworkers to form public employee associations and federationsand established their right to represent members in collectivebargaining with their respective agencies. It also providesmost workers the right to strike, except for certain governmentworkers in areas vital to public welfare and security, such asthe police and health workers and those employed by the U.S.military forces and the Panama Canal Commission. It is tooearly to determine if the new Civil Service Law will meet, inpractice, internationally recognized labor standards.Unionized employees of formerly private and telephone companiesretain their original right to strike when certain reasonablecriteria are met.The International Labor Organization (ILO) Committee on Freedomof Association (CFA) reiterated in November 1993 its conclusionthat the large-scale dismissal of trade union leaders andworkers in the public sector under Law 25 of 1990 was a seriousviolation of the right to organize. Even though the PanamanianSupreme Court ruled that the dismissal of 120 of the 145affected workers was legal (the other 25 were reinstated), theCFA again requested the Government to reinstate the greatestpossible number of dismissed workers and union leaders. Thenew 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 CollectivelyThe law affords most workers the right to organize and bargaincollectively, and unions widely exercised it--104 collectivebargaining agreements were concluded in 1993. The law protectsunion workers from antiunion discrimination and requiresemployers to reinstate workers fired for union activities. TheMinistry of Labor has mechanisms to resolve complaints againstantiunion employers. The new Civil Service Law allows mostpublic employees to organize and bargain collectively andgrants them a limited right to strike. The Labor Codeestablishes a conciliation board in the Ministry of Labor toresolve labor complaints and provides a mechanism forarbitration once conciliation procedures have been terminated.There is an increasingly common practice of employing temporaryworkers in order to circumvent what are perceived by employersas onerous Labor Code requirements for permanent workers. Oneowner of a construction firm has noted that up to 35 percent ofworkers on some of his projects are employed on temporarycontracts. These workers were discharged just short of thetime necessary for them to be granted permanent status and thenrehired in other job categories, thereby circumventing theLabor Code. None of these temporary workers received pensionor 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 LaborThe Labor Code prohibits forced or compulsory labor, andneither practice was reported. d. Minimum Age for Employment of ChildrenThe Labor Code prohibits the employment of children under 14years of age as well as those under 15 if the child has notcompleted primary school; children under 16 cannot workovertime; those under 18 cannot perform night work. Childrenbetween the ages of 12 and 15 may perform farm or domesticlabor as long as the work is light and does not interfere withthe child's schooling. The Ministry of Labor enforces theseprovisions in response to complaints and may order thetermination of unauthorized employment. The Government has notenforced child labor provisions adequately in the ruralinterior of the country, claiming insufficient staff to monitorabuses. Accord to a recent ILO report, 11,600 children betweenthe ages of 10 and 14 are in the labor force--primarily in farmor domestic labor. e. Acceptable Conditions of WorkThe Labor Code establishes a standard workweek of 48 hours andprovides for at least one 24-hour rest period. It alsoestablishes minimum wage rates for specific regions and formost categories of labor. The minimum wage, last increased inJanuary 1993, is $0.94 per hour in the districts of Panama,Colon, and San Miguelito, and for workers in financialservices. It is not enough to support a family above thepoverty level in Panama's relatively high-cost economy. MostPanamanian workers employed in urban areas earn the minimumwage or above, but most workers in the large informal sectorearn below the minimum wage. Unions have repeatedly allegedthat contractors operating in the Canal area pay less than therequired minimum wage. The Ministry of Labor does not alwaysenforce the minimum wage, due to insufficient human andfinancial resources.The Government sets and enforces occupational health and safetystandards. An occupational health section in the SocialSecurity System is responsible for conducting periodicinspections of especially hazardous employment sites, such asthose in the construction industry, as well as inspectinghealth and safety standards in response to union or workerrequests. The law protects workers who file requests forhealth and safety inspections from dismissal. They also havethe right to remove themselves from situations that present animmediate health or safety hazard without jeopardizing theiremployment. They are generally not allowed to do so if thethreat is not immediate but may request a health and safetyinspection to determine the extent and nature of the hazard.The Ministry of Labor is responsible for enforcing health andsafety violations and generally does so. The standards arefairly encompassing and generally emphasize safety overlong-term health hazards, according to organized laborsources. Health issues, however, continue in the banana sectoras well as the cement and milling industries.</text>
</content>
<name> </name>
<script></script>
</card>
card_55008.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: PANAMA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 PANAMAPanama is a representative democracy with an elected executivecomposed of a president and two vice presidents, an elected72-member legislature, and an appointed judiciary. PresidentErnesto Perez Balladares took office on September 1 at the headof a multiparty coalition. He was elected in May in electionsconducted under the auspices of the independent ElectoralTribunal. International observers described the elections asfree, fair, and violence-free.Panama has had no military forces since 1989. The Legislatureapproved a constitutional amendment October 4 to abolish astanding military. The amendment went into effect October 24and contains a provision for forming a "temporary" force undercertain national security circumstances. The PanamanianNational Police (PNP) under the Ministry of Government andJustice are responsible for law enforcement. The JudicialTechnical Police (PTJ) perform criminal investigations; the PTJis under the Public Ministry, headed by the Attorney General.There continued to be credible reports of abuse of detaineesand prisoners by members of both police forces.Panama has a free enterprise, service-oriented economy whichuses the U.S. dollar. It grew at least 5 percent in real termsin 1994, the fifth consecutive year of growth. Poverty ispervasive, however, with great income disparities between richand poor, and continued high unemployment and underemployment.Principal human rights abuses continued to be prolongedpretrial detention, an inefficient and often corrupt criminaljustice system, and overcrowded, oppressive prisons. Therewere also three extrajudicial killings in January. Violenceagainst women remained serious, a problem compounded bysocio-cultural factors that inhibited recognition andtreatment. The Government continued to prosecute some of thoseresponsible for abuses committed during the 21 years ofdictatorship from 1968 to 1989. For example, in May a courtsentenced three former National Guardsmen to 15-year prisonterms for the 1971 kidnaping and murder of Hector Gallego, anactivist Roman Catholic priest.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political killings perpetrated bygovernment agents.A presidential decree regulates the use of force by members oflaw enforcement organizations. The authorities areinvestigating three unrelated incidents in January in whichseven different PTJ agents may have violated this decree byusing deadly force to stop fleeing suspects. After anindependent investigation, a review board relieved two of theseofficers from duty, administratively reassigned two otherspending outcome of internal investigations, and referred twoofficers to the PTJ's legal advisor for consideration ofcriminal prosecution. The seventh officer was in PTJ custodyawaiting trial at year's end. b. DisappearanceThere were no reports of politically motivated abductions ordisappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution prohibits use of measures which could damagethe physical, mental, or moral integrity of prisoners ordetainees. There were no substantiated reports of torture ofeither prisoners or detainees during 1994. Anecdotal evidencesuggests police still use physical violence to controldetainees, particularly during initial arrest and holdingphases.The PTJ and the PNP have offices of professional responsibilitythat act as internal affairs organs to hold officersaccountable for their actions. Both have staffs of independentinvestigators and administrative authority to open internalinvestigations which, upon completion, go to their respectiveinspectors general for submission to review boards. The reviewboards, in turn, recommend to the service's director theappropriate action; the service director has the finalauthority to determine the disposition of each case. Penaltiescan include reduction in rank, dismissal, and, in severe cases,criminal prosecution. As of December, the PTJ had investigated153 cases of all categories of misconduct; it dismissed atleast 52 officials for their actions and forwarded 16 cases forpossible prosecution in the courts. Similarly, as of December,the PNP had investigated 967 cases of all categories ofmisconduct; it imposed administrative sanctions on 157 officialsfor their actions and forwarded at least 46 cases for possiblecriminal prosecution.Due to a growing number of use-of-force complaints lodgedagainst the PTJ, the Supreme Court, in collaboration with theAttorney General, named a commission in March to revisetraining procedures, including firearms instruction, for PTJpersonnel. As part of a 3-week orientation course, the PNPprovided 20 hours of instruction to incoming recruits on lawsand procedures to protect the human rights and legal guaranteesof citizens. Future PTJ police cadets are to receive humanrights instruction as part of their basic training.Prison conditions throughout Panama remained deplorable andthreatening to prisoners' health. Most prisons were built inthe 1950's and are dilapidated; medical care is inadequate; andescape attempts were frequent. There were credible reports ofcorruption by guards, as well as abuse of prisoners. TheNational Corrections Administration has authority to disciplineprison guards for abuse of detainees or prisoners with eitherpenal or civil sanctions, depending on the severity of theabuse. In practice, however, few prisoners or detainees haveused these measures to seek redress for alleged abuse by prisonguards.In order to relieve overcrowding, the legislature passed a billon December 21 which would quicken the pace of prosecution,thereby reducing the number of pretrial detainees. TheMinistry of Government and Justice has also begun a program ofconditional release of certain categories of prisoners.Neither of these measures has yet had a significant effect inreducing overcrowding.In March prisoners at the David public jail in western Chiriquiprovince held a hunger strike to protest the lack of prisonspace and the slow movement of their cases in the judicialsystem. The strike quickly spread to the public jail in Colonand to Panama City's notorious Modelo prison, provoking hungerstrikes at both facilities. The Government promised to havequalified personnel visit the prisons at least once a month tocheck on the welfare of both detainees and prisoners. It alsopromised to quicken the pace of prisoner transfer to the new1,000-bed La Joya facility, even though it still lacked basicamenities, such as furniture, sufficient potable water, and atrained administrative staff.The Government has made only limited efforts to comply withthese promises. It did arrest the Modelo Prison Director onDecember 15 on charges of corruption. However, the prisonovercrowding that caused the earlier hunger strikes stillpersists. Although the National Corrections Department dependson PNP personnel, who are not properly trained, to supply itsguard force, the guard response in the riots at Modelo prisonin March and again in December was restrained and appropriate.The authorities transferred administration of La Joya prison totrained correctional officers. For the first time, prisonadministrators also classified inmates, a process intended todetermine the appropriate security level needed for prisonerswhile also separating them from pretrial detainees. Althoughthis was a significant step forward, the La Joya prison housesonly a small fraction of the total prison population. Allother prisons use PNP guards and intermingle convictedprisoners with pretrial detainees.Conditions on Coiba Island Penal Colony continued to bedeplorable. Approximately 75 percent of the 550 prisonersstill on Coiba await trial, and the majority will have servedalmost two-thirds of their potential sentences before reachingtrial. Despite a plan to transfer prisoners to other detentionfacilities, Coiba continued to receive new prisoners from otherprisons as part of an effort to defuse the violence caused byovercrowding. Prisoners and detainees reportedly suffergreatly from malnutrition and shortages of potable water.Medical care is practically nonexistent. Reversing a decisionlate in the Endara administration to place Coiba under policecontrol, the new Government named a civilian administrator forCoiba. The guard force, however, continued to consist ofpolice guards instead of civilian correctional officers.Geographic isolation, plus lack of mail and communications,separated detainees from their attorneys and caused many tomiss trials.Conditions at women's prisons were better than those at men'sprisons. Still, there were credible allegations that guardsand staff at the Women's Rehabilitation Center (CFR) sexuallyabused female detainees and convicts. Female prisoners alsoreportedly suffered from overcrowding and poor medical care.Guards and administrators allegedly trafficked in telephoneaccess, medicine, and personal hygiene items. A human rightsgroup credibly charged in July that the prison administrationintentionally turned a blind eye toward such activities byguards and staff. This led to the investigation and temporaryremoval from office of the CFR director in July. The PerezBalladares Government named a permanent administrator inSeptember. d. Arbitrary Arrest, Detention, or ExileThe Constitution stipulates that arrests must be carried outwith a warrant issued by the relevant authorities, except whena person is apprehended during the commission of a crime. Thelaw requires the arresting officer to inform the detaineeimmediately of the reasons for arrest or detention and of theright to immediate legal counsel, to be provided by the Statefor the indigent. There were charges of arbitrary detentionsby the new Government during a September operation dubbed"energy and courtesy" that featured police roundups of streetcriminals in heavily populated areas of Panama City and Colon.The PNP suspended four officers for excessive use of force inthis operation but found no grounds for the arbitrary detentioncharges. Human rights groups confirmed that there had been fewinstances of police abuse in the operation.The Constitution provides for judicial review of the legalityof detention and mandates the immediate release of any persondetained or arrested illegally. The law prohibits police fromdetaining suspects for more than 24 hours without bringing thembefore a competent authority. In practice, the authoritiesrarely met legally mandated time limits and often violated the24-hour time limit for detention by several days. Thepreliminary investigation phase often lasts from 2 to 4 months,due to extensions granted by the Public Ministry and additionalcommunications with the court. While the Public Ministry canlegally grant extensions up to 14 months in most cases, itoften allows case processing to exceed the approved extensions,leaving the accused in incommunicado detention. This problemis exacerbated by an inefficient case tracking system and aslow, inflexible notification phase.Extended pretrial detention of those charged continued to beone of Panama's most serious human rights problems. Accordingto government statistics, pretrial detainees comprised 79percent of the prison population as of August, about the sameproportion reported in July 1993. Analysis of these statisticsindicates almost 25 percent of the total prison population isunder detention beyond legally permissible time limits.According to public defenders, the average period of pretrialcustody for a defendant was approximately 16 months; pretrialdetention in excess of the maximum sentence for the allegedcrime was common. A legal mechanism exists to hold thegvernment accountable in cases where a detainee spends asignificant amount of time incarcerated only to be foundinnocent. Although the redress procedure is not excessivelycomplicated, few former detainees seek redress for their timein detention.The Constitution prohibits exile, and there were no reports offorced exile in 1994. e. Denial of Fair Public TrialThe President appoints nine Supreme Court magistrates to10-year terms, subject to Legislative Assembly confirmation.The Supreme Court magistrates appoint appellate court judges,who, in turn, appoint circuit and municipal court judges intheir respective jurisdictions. The Attorney General, whoheads the Public Ministry jointly with the Solicitor General,appoints the superior and district attorneys.At the local level, municipal mayors appoint administrativejudges similar to justices of the peace. These justicesexercise jurisdiction over minor civil and criminal cases inwhich they may impose fines or sentences of up to 1 year. Thissystem has serious shortcomings: Defendants lack adequateprocedural safeguards, the officials need not be (and normallyare not) attorneys, and some allegedly engage in corruptpractices. In practice, appeal procedures are nonexistent.More affluent defendants tend to pay fines while poorerdefendants go to jail, one of the chief factors leading tocurrent prison overcrowding.The Constitution provides that persons charged with crimes havethe right to counsel and are presumed innocent until provenguilty. If not under pretrial detention, the accused may bepresent with counsel during the investigative phase of theproceeding. Judges can order the presence of pretrialdetainees for the rendering of statements, amplifications, orconfrontation of witnesses. Trial proceedings are conductedorally with the accused present. The Constitution establishestrial by jury in some circumstances; by law, however, jurytrials are not an option in most cases.The Constitution obliges the Government to provide publicdefenders for the indigent. Although many public defenders arestill appointed after the investigative phase of the case, manymore public defenders than in past years were assigned to casesprior to commencement of the investigative phase, increasingthe defense's opportunity to present evidence. Publicdefenders' caseloads remained staggering, numbering hundreds ofcases per attorney and seriously undermining the quality ofrepresentation.Panama continued to hold political prisoners in 1994. EduardoHerrera Hassan, an ex-member of the former Panama DefenseForces (PDF) who became director of the National Police forceand reportedly attempted to foment action against the EndaraGovernment in December 1990, was held without charges until hereceived a presidential pardon in September. In addition toHerrera, the Government has held an additional 30 to 50 personsin pretrial detention since December 1990, for offenses relatedto the coup attempt. The presidential amnesty of September 23released some of these prisoners, but many remain in extralegaldetention.The judicial system continued to prosecute those responsiblefor human rights and other abuses committed during the Noriegaperiod. The Government brought to trial, convicted, orsentenced a number of the most notorious defendants. InJanuary courts sentenced former Panamanian Defense Force (PDF)members Felipe Camargo, Luis Cordoba, and Nivaldo Madrinan to5-year terms in prison for the 1988 illegal arrest and tortureof Eduardo Sanchez Pena, an anti-Noriega activist. In MayMadrinan, former head of the National Investigation Directorate(DENI), received an additional 5-year prison term for his rolein the 1971 murder of Colombian priest Hector Gallego. InSeptember the courts found six ex-PDF members, includingCamargo, guilty of human rights violations against anti-Noriegaactivists Alberto Conte and Leonardo Figueroa, as well asformer anti-Noriega coup participant Milton Castillo. Over 25cases 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, bothdefendants in the Spadafora trial, were also scheduled to standtrial for the 1985 kidnaping and torture of Dr. Mauro Zuniga,president of the National Civic Coordination, an organizationopposed to the Noriega regime.In June President Endara granted individual pardons to over 500Noriega-era officials and politicians who had committed"political" crimes, i.e., support for antidemocratic policies.On September 23, President Balladares granted amnesty to 216persons whom he described as having been convicted or detainedfor crimes of a political nature. He granted conditionalrelease to 46 more detainees. The amnesty included five of thesix suspects in the slayings of U.S. citizen Raymond Dragsethand U.S. Embassy employee Fernando Braithwaite, civilians thePDF executed during Operation Just Cause in 1989. This leftonly 1 of the original 23 defendants charged with eitherhomicide, kidnaping, or conspiracy to stand trial in connectionwith these brutal killings. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution provides for the inviolability of the home andcommunications. The authorities may not examine personaldocuments, monitor communications, or enter and search privateresidences except by written order. However, there werecredible complaints that PTJ agents failed to follow legalrequirements for arrest and search warrants and insteadconducted indiscriminate searches of entire apartment buildingsor housing complexes. Such complaints continued during thefirst months of the Perez Balladares Government.Despite the view of some that the Constitution prohibits allwiretapping, the Government maintains that wiretapping withjudicial branch approval is legal. Under the guidelinesestablished by new antinarcotics legislation passed in July,the Public Ministry may engage in undercover operations,including the use of "videotaping and recording ofconversations." The Supreme Court will ultimately have todecide whether wiretapping is constitutional and, if so, underwhat circumstances.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressPanamanians generally enjoy freedom of speech and press asprovided for in the Constitution. Six national dailynewspapers, 3 commercial television stations, 2 educationaltelevision stations, and over 95 radio stations provide a broadchoice of informational sources; all are privately orinstitutionally owned. While many media outlets tookidentifiable editorial positions, the media carried a widevariety of political commentaries and other perspectives, bothlocal and foreign. Panamanian and foreign journalists workedand traveled freely throughout the contry, and the populationhad access to foreign media.There were no substantiated cases of Government harassment ofjournalists. The Government has legal authority to place bothdirect and indirect restrictions on the media but took no suchactions in 1994. This election year was characterized by ahigh level of official tolerance of the media, which openlyreported on candidates and their platforms.Libel is a criminal offense subject to fines and up to 2 yearsin prison. Opinions, comments, or criticism of governmentofficials acting in their official capacity are specificallyexempted from libel prosecution, but a section of the lawallows 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 lawto restrict freedom of the press, but the existence of the lawmay inhibit some writers' self-expression.President Balladares took steps to abolish certain laws whichrestrict freedom of the press. The media opposed these stepssince complete abolition of the laws would also end many pressprivileges. Among these laws is one which establishes acensorship board. There were no reports of the board takingany restrictive actions in 1994.The law provides for academic freedom, which was freelyexercised in public as well as private universities. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides the rights of peaceful assembly andassociation, and the Government generally respects theserights. No authorization is needed for outdoor assembly,although prior notification for administrative purposes isrequired. Panamanians have the right to form associations andprofessional or civic groups without government interference.They may form and organize political parties as they like,though parties must meet membership and organizationalstandards in order to gain official recognition and participatein national campaigns.During the 1994 election campaign, citizens frequently gatheredand marched to protest as well as to support governmentpolicies. There were no reported instances of inappropriategovernment action against such marches. c. Freedom of ReligionThe Constitution provides for religious freedom. All religiousgroups are free to worship and to proselytize withoutgovernment restriction or interference. Clerics areconstitutionally prohibited from holding public office, exceptas related to social assistance, education, or scientificresearch. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution grants Panamanians the right to move freelywithin the country and to depart and return freely. Theserights are respected in practice. There were no cases offorcible repatriation of refugees or asylees. A 9 p.m. curfewfor minors under 18 years of age in Panama province, imposed in1992, remained in effect although it was enforced mainly inhigh-crime areas.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe Constitution provides for a representative democracy withdirect popular election by secret ballot of the president, twovice presidents, legislators, and local representatives every 5years. The independent National Electoral Tribunal arrangesand supervises elections. Panamanians enjoy the right to joinany political party, to propagate their views, and to vote forcandidates of their choice without government interference.The Government respected these rights throughout the year. TheElectoral Tribunal implemented the June 1993 electoral reformsduring the 1994 campaign, resulting in a transparently freenational election.There are no legal barriers to participation by women or peopleof African, Asian, or indigenous descent, but in fact theirpresence in senior leadership positions in government orpolitical parties is not yet proportionate to their numberswithin society. However, representatives of these groups areincreasingly visible in midlevel political and governmentalpositions. The Government provides semiautonomous status tothe San Blas reserve, populated mainly by indigenous KunaIndians. San Blas has two representatives in the LegislativeAssembly, proportionate to its population. Locally, thereserve is governed by tribal chiefs, who meet in a generalcongress twice a year.A woman ran for president and finished second with over 28percent of the vote. The newly elected President of theLegislative Assembly is a woman, and Panama City residentselected a woman as mayor. However, women held only 5 of 72Legislative Assembly seats and 3 of 11 Cabinet positions.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsPanamanian human rights organizations, including both churchand secular groups, generally operated without governmentalrestrictions. These organizations carried out a full range ofactivities, including investigations and dissemination offindings. Human rights advocates generally had free access togovernment officials while investigating complaints. TheGovernment did not favor an investigation by the Inter-AmericanCommission on Human Rights in response to a complaint filedabout Operation Just Cause, but it did not obstruct inquiriesrelated to the investigation.</text>
</content>
<name>Panama </name>
<script></script>
</card>
card_54636.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: PAKISTAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Women's organizations operate primarily in urban centers. Manyconcentrate on educating women about existing legal rights.Other groups concentrate on providing legal aid to poor womenin prison who may not be able to afford an attorney.The Government began implementation of an internationallyfunded program to train and deploy 33,000 female health careworkers in rural areas. By December, it had hired 1,760workers. The Government also produced television documentarieson women in development and family planning, and promotedpopulation services in advertisements and by enlisting thesupport of religious leaders. The Prime Minister spoke at theSeptember 1994 Cairo International Conference on Population andDevelopment. All these efforts were seen as important for thereversal of Pakistan's poor record in this area. ChildrenLegal rights for children are theoretically protected bynumerous laws which incorporate elements of the U.N. Conventionon the Rights of the Child. However, the Government frequentlyfails to enforce these laws. Federal law allows, but does notrequire, offenders under the age of 14 to be placed in reformschools; however, no such facilities exist. There is only onejail in each province for convicted prisoners under age 21. AUnited Nations report estimates that there are 250 childrenunder the age of 14 in Pakistani prisons at any time. AlthoughPunjab and Sindh provinces have laws mandating special judicialprocedures for child offenders, in practice, children andadults are essentially treated equally. Very young childrenaccompany their convicted mothers to jail.Many children begin working at a very early age. At the age offive or six, female children are often responsible for youngersiblings. Children are sometimes kidnaped to be used as forcedlabor, for ransom, or to seek revenge against an enemy. TheHRCP reported an average of 400 kidnapings of children permonth in Punjab province alone in 1993. The HRCP also reportedthat half of the 4,000 rapes that were registered in Pakistanin 1993 were of minors or teenagers.Child prostitution involving boys and girls is widely known toexist but is rarely discussed. The Government does little todeter it. In Lahore, there are reported to be 2,900 full-timeprostitutes in over 1,200 brothels. It is estimated that 20percent of the prostitutes are minors.In July human rights groups and the press reported that 27 boyswere being kept in chains in an Islamic school in the Punjab.The boys, who had been turned over to the school by theirparents, often for disciplinary reasons, had been shackled ingroups to wooden blocks. Some had been chained for severalyears. The school's existence and the chaining was known tothe parents and the community where it had operated for 20years. Police raided the facility and cut the chains but nofurther action was taken to arrest the school's owner or removethe children. There were unconfirmed reports of the existenceof other such institutions. Religious MinoritiesIn addition to the violence and harassment noted in previoussections of this report, religious minority groups experiencemuch discrimination in employment and education; Pakistani lawsfacilitate discrimination in employment based on religion. InPakistan's early years, minorities were able to rise to thesenior ranks of the military and civil service. Today, manyare unable to rise above midlevel ranks. Because of the lackof educational opportunities for some religious minoritygroups, discrimination in employment is believed to beincreasingly prevalent. Christians, in particular, havedifficulty finding jobs above those of menial labor. Ahmadisfind that they are prevented from entering management levels ingovernment service. Even the rumor that someone may be anAhmadi or have Ahmadi relatives can stifle opportunities foremployment or promotion.Officially designated as non-Muslims, Ahmadis in particular,suffer from harassment and discrimination and have limitedchances for advancement in the public sector. Young Ahmadisand their parents complain of increasing difficulty in gainingadmittance to good colleges, forcing many children to gooverseas for higher education. Among religious minorities,there is a well-founded belief that the authorities afford themless legal protection than they afford Muslim citizens.Many Christians continue to express the fear of forcedmarriages between Muslim males and Christian women, althoughthe practice is relatively rare. Christians are also subjectto harassment by the authorities, notably including theblasphemy laws and difficulty in obtaining permission to buildchurches. People with DisabilitiesPakistan has no laws requiring equal accessibility to publicbuildings for disabled persons.Section 6 Worker Rights a. The Right of AssociationThe Industrial Relations Ordinance of 1969 (IRO) enunciates theright of industrial workers to form trade unions but is subjectto major restrictions in some employment areas. In practice,labor laws place significant constraints on the formation ofindustrial unions and their ability to function effectively.For example, the law prohibits workers in export processingzones (EPZ's) from forming trade unions. Under the EssentialServices Maintenance Act of 1952 (ESA), workers in sectorsassociated with "the administration of the State," which coversa wide range of government services and state enterprises, suchas education, health care, oil and gas production, andtransport, are allowed to form unions. However, the ESAsharply 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 industriallabor force and 10 percent of the total estimated work force.Contract labor continues to flourish, undercutting the power ofthe unions and exploiting workers willing to work on temporarycontracts. These workers receive fewer benefits and have nojob security. There is no provision in the law granting theright of association to agricultural workers.Legally required conciliation proceedings and cooling-offperiods constrain the right to strike, as does the Government'sauthority to ban any strike that may cause "serious hardship tothe community" or prejudice to the national interest. TheGovernment may also ban a strike that has continued for 30 days.Strikes are rare. When they occur, they are usually illegaland short. The Government regards as illegal any strikeconducted by workers who are not members of a legallyregistered union. Police do not hesitate to crack down onworker demonstrations. The law prohibits employers fromseeking retribution against leaders of a legal strike andstipulates criminal penalties for offenders. The courts mayimprison employers for violating this prohibition but they aremore likely to fine them. The law does not protect leaders ofillegal strikes.Unions may belong to federations. There are seven majorfederations which are free to affiliate with internationalfederations and confederations. The Government permits tradeunions of all political orientations. While many unions remainaloof from party politics, the most powerful are thoseassociated with political parties. After the PPP came to powerin 1988, it successfully organized trade unions under thebanner of the People's Labor Bureau (PLB). The PLB's maincompetitors are the Jamaat-i-Islami's National Labor Federationand the MQM-backed labor unions.The International Labor Organization (ILO) encourages theGovernment to lift prohibitions against union activity in EPZ'sand with respect to radio, television, and hospital employees,as well as to rescind the existing ban on strikes. TheGovernment was also asked to amend any provisions of theIndustrial Relations Ordinance, the Press and PublicationsOrdinance, and the Political Parties Act which imposecompulsory prison labor in a manner inconsistent with ILOConvention 105. In response to a government request, the ILOagreed to provide technical assistance to bring the country'slabor laws into conformity with the world body's conventions.In 1994 a government task force on labor prepared a reportrecommending improvements on worker rights problems. b. The Right to Organize and Bargain CollectivelyThe right of industrial workers to organize and freely electrepresentatives to act as collective bargaining agents isestablished in law. The IRO prohibits antiunion discriminationby employers. If found guilty of antiunion discrimination,employers are required to reinstate workers fired for unionactivities.In general, legally constituted unions have the right tobargain collectively. However, the many restrictions onforming unions discussed above preclude collective bargainingby large sections of the labor force, e.g., agriculturalworkers, who are not guaranteed the right to strike, bargaincollectively, or make demands on employers.The Essential Services Act also restricts collectivebargaining. For each industry subject to the ESA, theGovernment must make a finding, renewable every 6 months, onthe limits of union activity. In cases in which the Governmentprohibits collective bargaining, special wage boards decidewage levels.These boards are established at the provincial level and arecomprised of representatives from industry, labor, and theprovincial labor ministry, which provides the chairman. Thechairman may name additional industry and labor representativesto the board. Despite the presence of the laborrepresentatives, unions are generally dissatisfied with theboards' findings. Disputes are adjudicated before the NationalIndustrial Relations Commission (NIRC). A worker's right toquit may also be curtailed under the Essential Services Act.Dismissed workers have no recourse to the labor courts. Mostunions call for the abolition of the ESA. c. Prohibition of Forced or Compulsory LaborThe Constitution and the law prohibit forced labor. However,critics argue that the ESA's limitation on some worker rightsconstitutes a form of compulsory labor. The Governmentinformed the ILO's Committee on the Application of Standards in1990 that amendments were under consideration to rectify theproblem. However, the Government has taken no further action.Illegal bonded labor is widespread. Bonded labor is common inthe brick, glass, and fishing industries and is found amongagricultural and construction workers in rural areas.Conservative estimates put the figure of bonded workers atseveral million.The Bonded Labor System (Abolition) Act, adopted in 1992,outlawed bonded labor, canceled all existing bonded debts, andforbade lawsuits for the recovery of existing debts. However,the provincial governments, which are responsible for enforcingthe law, have failed to establish enforcement mechanisms.Hence, the law is largely ineffective. Lacking employmentalternatives, many workers have voluntarily returned to bondedlabor. d. Minimum Age for Employment of ChildrenChild labor is common and results from a combination of severepoverty, weak laws, and inadequate enforcement of those that doexist. A key factor is the absence of any compulsory primaryeducation. The Government acknowledges that violations ofexisting laws are common.Unofficial estimates indicate that workers under 18 years oldmake up one-third of the total labor force. While much childlabor is in the traditional framework of family farming orsmall business, the employment of children in larger industriesand, according to labor activists, in state-sponsored trainingprograms, is also widespread. Child labor is widely employedin the carpet industry, much of which is family-run. Thisappears to be the only export industry in which child labor isemployed on a significant scale.In June the Government signed a Memorandum of Understandingwith the ILO on cooperation toward elimination of child labor.The two sides will conduct a nationwide survey to develop anaccurate assessment of the scale of child labor. e. Acceptable Conditions of WorkLabor regulations are governed by federal statutes applicablethroughout the country. The monthly minimum wage isapproximately $50 (1,500 rupees). Although this wage providesa meager subsistence living for a small family, minimum wagebenefits affects only a small part of the work force.The law, applicable nationally, provides for a maximum workweekof 54 hours, rest periods during the workday, and paid annualholidays. These regulations do not apply to agriculturalworkers, workers in factories with fewer than 10 employees, andto the small "contract groups," which are subdivisions withinfactories of 10 or fewer workers. Many workers are unaware ofthe regulations protecting their rights because of their lackof education.The provinces have been ineffective in enforcing laborregulations, because of limited resources, corruption, andinadequate regulatory structures. In general, health andsafety standards are poor. Although organized labor pressesfor improvements, the Government has done little and weaklyenforces existing legal protections.</text>
</content>
<name> </name>
<script></script>
</card>
card_54397.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: PAKISTAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe 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 foranyone who damages the Constitution by any act, including thepublication of statements against the spirit of theConstitution. The Constitution prohibits the ridicule ofIslam, the armed forces, or the judiciary. Moreover, the PenalCode mandates the death sentence for anyone convicted ofblaspheming the Prophet Muhammad (see Section 2.c.).Journalists censor themselves on such subjects.A Print, Press, and Publications Ordinance requires theregistration of printing presses and newspapers and allows theGovernment to confiscate newspapers or magazines deemedobjectionable. Foreign books must pass government censorsbefore being reprinted, although the importation of books isfreely allowed. Government censors occasionally banpublications, usually for objectionable religious content, butfor other reasons as well. In 1994 the Government banned abook entitled "The Political Role of Intelligence Agencies inPakistan" because it contained a critical view of intelligenceagencies.A government-owned press trust controls two newspapers--anEnglish-language and an Urdu daily. The Ministry ofInformation controls one of the two main wire services; theother is privately owned. The numerous privately ownednewspapers have a circulation that far exceeds that of thegovernment-owned newspapers. The government newspapers andwire services are circumspect in their coverage of the news andgenerally follow the government line.Nevertheless, the press has enjoyed an increasing level offreedom since 1989. Privately owned newspapers freely discusspublic policy and criticize the Government. They reportremarks made by opposition politicians and their editorialsreflect a spectrum of views.The Government attempts to influence editorial policy atprivately owned newspapers by its power to allocate duty-freenewsprint and its placement of government advertising--animportant source of newspaper revenue. In the first half of1994, the Ministry of Information stopped placing advertisingfor several months with two leading Urdu dailies, Khabrain andNawa-e-Waqt, claiming they had engaged in irresponsiblejournalism. There were also widespread reports thatjournalists took bribes from government or opposition politicalparties.Various political parties and the police harassed journalistsand newspaper companies. The police arrested Farooq Aqdas,senior political correspondent of an Urdu daily, Jang, duringthe summer and detained him for several hours on charges filedagainst him a year and a half earlier by another journalist.On December 4, unidentified gunmen assassinated MuhammadSalahuddin, the editor of the weekly Takbeer in Karachi.Salahuddin was known for his criticism of the MQM and PPP andhe had been the victim of previous attacks on his home andoffice in 1990 and 1991. On December 6, unidentifiedassailants shot dead the General Manager of an Urdu daily,Parcham, in his Karachi office.The Government owns and operates all radio stations, and allbut one semiprivate television station. It strictly controlstheir news broadcasts. However, the Shalimar TelevisionNetwork (STN), a semiprivate television station, providesprograms including Cable News Network (CNN) and BritishBroadcasting Corporation (BBC) programs, with considerableindependence from government oversight. The Government censorssegments of CNN and BBC considered socially offensive. TheMinistry of Information monitors the advertisements on STN,editing or removing those deemed objectionable.Conservative religious and political groups have been active inpromoting their own code of social morality. The Shari'a Lawhas bolstered such efforts by placing greater pressure onindividuals to conform to Islamic sensibilities. In 1994 therewere occasional reports of campaigns to remove obscenematerials from video stores, but book and video storesgenerally operated without hindrance.Literary and creative works remain generally free ofcensorship. Obscene literature, a category broadly defined bythe Government, is subject to seizure. Dramas anddocumentaries on previously taboo subjects, includingcorruption, social privilege, narcotics, violence againstwomen, and female inequality, are now broadcast on television.The Government and universities generally respect academicfreedom. However, the atmosphere of violence and intolerancefostered by student organizations, typically tied to politicalparties, is a threat to academic freedom. On some campuses,well-armed groups of students of varying political persuasionsclash with and intimidate other students, instructors, andadministrators on matters of language, syllabus, examinationpolicies, doctrine, and dress.Human rights groups remain concerned about the implementationof a 1992 Supreme Court ruling that prohibits student politicalorganizations on campuses. While they acknowledge the rulingled to a reduction of campus violence, they question thelegality of school officials expelling students they findguilty of membership in a political organization. b. Freedom of Peaceful Assembly and AssociationThe Government generally permits peaceful assembly. Districtmagistrates occasionally exercised their power under theCriminal Procedures Code to ban meetings of more than fourpeople when demonstrations seemed likely to result inviolence. This provision was invoked frequently in June duringthe Islamic month of Muharram, when tensions between Sunni andShi'a Muslims traditionally peak. Many observers attributedthe relatively peaceful month of Muharram to these measures.The Government usually did not interfere with large politicalrallies, although in an attempt to prevent a strike, itarrested over 1,000 opposition members in October.Opposition leader Nawaz Sharif and a large number of supporterstraveled unhindered across the country in September, holdinglarge rallies critical of the Government. However, theauthorities sometimes prevented leaders of politico-religiousparties to travel to certain areas if they believed theirpresence would increase sectarian tensions.The Constitution provides for freedom of association subject torestrictions by government ordinance and law. There have beenno recent cases of banned groups or parties. c. Freedom of ReligionPakistan is an Islamic republic in which 97 percent of thepeople are Muslim. The Constitution requires that laws must beconsistent with Islam. The Government permits Muslims toconvert to other faiths but prohibits proselytizing amongMuslims.Minority groups fear that the Shari'a Law and its goal of"Islamizing" government and society may further restrict thefreedom to practice their religion. Many reportedly live interror because the religious legislation has encouraged anatmosphere of religious intolerance which has led to acts ofviolence directed at Ahmadis, Christians, Hindus, Zikris, andothers. Several incidents in 1994 heightened the sense ofinsecurity 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 wasbeing tried for blasphemy. The authorities had arrested Masihand two other Christians, including a 13-year-old boy, in 1993for allegedly writing blasphemous remarks about the ProphetMuhammad on a wall--even though two of the three wereilliterate. Two other persons with Manzoor were injured in theattack. The police arrested three suspects, among them thecomplainants who brought the blasphemy case against Masih. Atyear's end, the suspects were free on bail. While governmentofficials condemned the incident, Christian leaders and humanrights groups maintain that the Government reacted weakly andhas done little to discourage extremists or offer increasedprotection to religious minorities. In at least two otherinstances, the inhabitants of two villages of Christians,including Masih's village, were forced to move after receivingthreats from Muslim extremists.A 1974 constitutional amendment declared Ahmadis to be anon-Muslim minority because they do not accept Muhammad as thelast prophet of Islam. However, Ahmadis regard themselves asMuslims and observe many Islamic practices. In 1984 theGovernment inserted Section 298(c) into the Penal Code whichprohibited an Ahmadi from calling himself a Muslim and bannedAhmadis from using Islamic terminology. The punishment is upto 3 years' imprisonment and a fine. Since 1984, theGovernment has used Section 298(c) to harass Ahmadis.In 1993 the Supreme Court ruled against the Ahmadis in a caseon the constitutionality of Section 298(c). The Court upheldthat section of the law, rejecting the argument that itviolated the right of freedom of speech and religion. Thejudge writing for the majority found that Islamic phrases arein essence a copyrighted trademark of the Islamic religion. Hereasoned that the use of Islamic phrases by Ahmadis wasequivalent to copyright infringement and violated the TrademarkAct of 1940. The majority also found that the use of certainIslamic phrases by Ahmadis was equivalent to blasphemy.The judgment has emboldened anti-Ahmadi groups and resulted inmore court cases against Ahmadis. In 1994 the Governmentpromised that it would defend Section 298(c) from an appeal onother grounds. In the first 9 months of 1994, 17 cases underSection 298(c) were filed against Ahmadis resulting in 1conviction. Rashood Ahmad of Sangahr was sentenced to 2 yearsin prison and fined $166 for displaying a verse from the Koranon his wall.In January the authorities arrested five journalists, includingthe septuagenarian editor of Al Fazal, the Ahmadi daily, underSection 298(c). The arrests were made because of generalcomplaints that the writers in Al Fazal had propagated theirfaith and passed themselves off as Muslims, thus injuring thefeelings of Muslims. The five were released on bail on March7. At year's end, their case was pending in the courts.In another incident, the Rawalpindi Development Authoritydemolished an Ahmadi center in Rawalpindi on September 15. TheGovernment claimed that the land was illegally converted to aplace of worship--despite the fact that the land had been usedfor worship for 40 years. On the building plans submitted tothe city, the Ahmadi community did not describe the building onthe land as a mosque, because that would have violated Section298(c). In other incidents, several prominent Ahmadis,including a university professor, were killed during the yearin what some regard as sectarian murders. Investigations ofthe cases are continuing.The Government classifies Ahmadis as "non-Muslims" on theirpassports. This has led the authorities in Saudi Arabia toprevent Ahmadis from performing the religious pilgrimage toMecca. In 1992 the Government ordered national identity cardsto convey the bearer's religion, but so far the Government hasnot submitted implementing legislation.In 1986 the Government inserted Section 295(c) into the PenalCode which stipulates the death penalty for blaspheming theProphet Muhammad. This provision has been used by litigantsagainst Ahmadis, Christians, and even Muslims. In 1992 theSenate unanimously adopted a bill to amend the Blasphemy Law sothat the death penalty is mandatory upon conviction.According to Ahmadi sources, 5 blasphemy cases, involving 15persons, were registered against Ahmadis in the first 9 monthsof 1994. Since 1986 over 100 blasphemy cases have beenregistered against Ahmadis with no convictions. In the sameperiod, at least nine blasphemy cases have been brought againstChristians and seven against Muslims.Two persons were convicted of blasphemy and sentenced todeath: Mohammad Arshad Javaid of Bahawalpur, a 37-year-oldMuslim who is reportedly mentally unsound and remains inprison, and Gul Masih, a Christian of Sargodha. However, GulMasih was acquitted of blasphemy by the Lahore High Court onNovember 27 and released from prison.The Blasphemy Law has also been used to justify extrajudicialkillings. In Gujranwala, Punjab, a mob lynched a Muslim inApril in front of the police station after falsely accusing himof burning a copy of the Koran. In May a judge sentenced aMuslim accused of killing a Christian school teacher to 14years in prison. Nevertheless, some observers criticized theruling because the judge took into account the defendant'sclaim that he committed the offense because the teacher hadblasphemed the Prophet Muhammad. The judge reportedly statedthat blaspheming the Prophet would be conducive to a total lossof control by every Muslim.When such religious cases are brought to court, extremistsoften pack the courtroom and make public threats against anacquittal. As a result, judges and magistrates often continuetrials indefinitely, and the accused is burdened with furtherlegal costs and repeated court appearances.A Sunni Muslim group, the Anjuman Sipah-i-Sahaba,unsuccessfully sought to introduce legislation in 1994 thatwould have declared the Zikri sect in Balochistan as anon-Muslim sect. There were also continued reports in the yearof attacks by extremists on Hindus.The security of religious minorities was a major issue ofdiscussion in the Government and the press in 1994. TheGovernment promised to introduce measures to reduce the abusivelitigation under the blasphemy laws, but defended the lawsthemselves. At year's end, the Government had not taken anyremedial action. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationMost citizens enjoy freedom of movement within the country andto travel abroad, but the Government occasionally prohibitsmovement of persons within Pakistan through "externment orders"when it believes their presence will lead to a threat to publicorder. Travel to Israel is legally prohibited. Governmentemployees must obtain "no objection certificates" beforetraveling abroad. Students are also required to have thesecertificates from their institutions. Pakistanis have andregularly exercise the right to emigrate. Exit control listsare used to prevent the departure of wanted criminals.The resumption of civil war in Afghanistan in early 1994created a new wave of refugees. In response to this newinflux, the Government closed its borders with Afghanistan andofficially admitted only those Afghans who were properlydocumented or in need of humanitarian assistance. Despitethese restrictions over 66,000 new refugees arrived in thefirst 9 months of 1994.Approximately 1.4 million Afghan refugees remain in Pakistan.They have limited access to legal protection and depend on theability of the leaders of their groups to resolve disputesamong themselves and with Pakistani society. Women and girlshave obtained better education and health care as group leadersgradually secured such services. Many refugees have foundemployment but are not covered by the labor laws.Traffickers in women bought or lured hundreds of women fromBangladesh with promises of a better life. They transportedthe women across India and placed them with families asdomestic servants or as prostitutes in brothels. Theauthorities detained some of the women for prostitution underthe Hadood Ordinances. Few are able or willing to return toBangladesh. Many are released into the custody of theirexploiters, who set them to work as prostitutes again. Effortsto repatriate Bangladeshis in 1994 were mostly unsuccessful.The "repatriation" of Biharis continued to be a contentiousissue. The Biharis are Urdu-speaking people from the Indianstate of Bihar who went to East Pakistan, now Bangladesh, atthe time of partition in 1947. Since 1971, after Bangladeshgained its independence, approximately 250,000 Biharis havebeen in refugee camps in Bangladesh. The repatriation of thesepeople is tied to Pakistan's various ethnic problems. Whilethe Mohajir community, made up of Pakistanis who emigrated fromIndia during partition, supports the repatriation, the Sindhicommunity opposes the move. In 1993 the Government flew 342Biharis to Pakistan and placed them in temporary housing incentral Punjab. No further repatriation has occurred.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens have the right and the ability to change theirgovernment peacefully. With certain exceptions, citizens aged21 and over have the right to vote. However, several millionbonded laborers and nomads may not vote because the NationalElection Commission has ruled that they do not "ordinarilyreside in an electoral area, nor do they own/possess a dwellingor immovable property in that area." Political parties havebeen allowed to operate freely since the lifting of martial lawin 1985 and 1986. In 1988 the Supreme Court struck down a lawbanning unregistered political parties from participating inelections.The Senate is elected by the members of the four provincialassemblies. Senators serve for 6 years. The President isindirectly elected by an electoral college consisting of themembers of the national and provincial assemblies and theSenate. The President serves for 5 years. Members of thenational and provincial assemblies serve 5 years, unless thePresident dissolves the Assembly. The Senate may not bedissolved by the President. The President has theconstitutional authority to dismiss the Government arbitrarily,but a 1993 Supreme Court ruling significantly limited thatability.The Constitution requires that the President and Prime Ministerbe Muslims. Members of minority religious groups may not votein Muslim constituencies. They cast their ballots forcandidates running for special at-large seats reserved for themin the national and provincial assemblies. Most Ahmadis,disputing their designation as non-Muslims, have refused tovote for such representatives. Christians and Hindus note thatthis system marginalizes religious minorities, by allowing theMuslim candidates to ignore them as a voting block. As aresult, areas where minorities predominate receivesignificantly less government development and assistance funds.Local governments and the provincial and national assembliesare directly elected. However, local government bodies weredissolved in 1993 as the result of a political compromisebetween the ruling party and the opposition. New electionshave not been held. In the meantime, provincial and federalofficials are responsible for governance.The more than 2 million Pushtun people living in the FederallyAdministered Tribal Areas do not vote for their NationalAssembly representatives and have no representation in theassembly of the Northwest Frontier province. In keeping withlocal traditions, FATA's National Assembly members are electedby tribal leaders, or maliks, who are appointed in theGovernor's name by the central Government's political agents.Many people living in this area have expressed dissatisfactionat having no vote. However, the majority of Pushtun peoplelive outside the FATA and, while retaining their tribalidentity, are fully integrated into politics and society.Because of a longstanding territorial dispute with India, thepolitical status of the Northern Areas--Hunza, Gilgit, andBaltistan--is not resolved. As a result, more than 1 millioninhabitants of the Northern Areas are not covered under anyconstitution and have no representation in the federallegislature. The area is administered by an appointed civilservant. While there is an elected Northern Areas Council,this body serves in an advisory capacity to the FederalGovernment and has no legislative authority. In 1994 inresponse to concerns of lack of representation, the FederalCabinet decided that residents of the Northern Areas would votein elections for representatives to serve on an expandedCouncil. However, the expanded Council does not have theauthority to change laws or raise and spend revenue.In 1993 the High Court of Azad Jammu and Kashmir (AJK) ruledthat the Northern Areas should be incorporated into thesemiautonomous state of Azad Jammu and Kashmir and itsinhabitants given a right to be represented in the AJKlegislative assembly. In August the High Court ruled that theFederal Government has authority over the Northern Areas untilfinal status of Jammu and Kashmir is resolved.Although women participate in government, they areunderrepresented in political life at all levels. Only 4 womenhold seats in the 217-member National Assembly. However, forthe first time, the Government appointed at least five women tothe previously all-male high court benches. While womenparticipate in large numbers in elections, some women aredissuaded from voting in elections by family, and religious andsocial customs in rural areas.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere are several domestic human rights organizations, and newhuman rights and legal aid groups continue to form and aregenerally free to operate without government restriction.Senior members of the Bhutto government, including the formerMinister of Law and Justice, have been active members ofrespected human rights organizations and participate in humanrights organization functions.Religious extremists distributed material that accused severalhuman rights activists of blasphemy and called for them to bekilled. Various international human rights organizations havebeen permitted to visit Pakistan and travel freely.In 1994 the Government formed a human rights unit in theMinistry of Interior as a sort of ombudsman for human rights.The unit brought attention to the problem of spouse abuse byarranging visits by the Prime Minister to hospitalized abusevictims. A human rights committee was also established in theNational Assembly; a similar committee was formed in the Senatein 1993. These committees have taken little action to date.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenThere are significant barriers to the advancement of women,beginning at birth. In general, female children are lessvalued and cared for than male children. According to a UnitedNations study, girls receive less nourishment, health care, andeducation than their brothers. According to the Government,only 23.5 percent of the females over 10 years old areliterate, compared with 48.9 percent for males. Only 12percent of women use family planning methods. As a result, thefertility rate is six children per woman. In rural areas,women in small farm families generally work alongside men inthe fields. However, they remain subordinate to men and sufferdiscrimination in education, employment, and legal rights.Human rights monitors and women's groups fear that the Shari'aLaw would have a harmful effect on the rights of women andminorities. However, the Law states that women's and minorityrights protected under the Constitution would not be affected.The Law's impact on these groups has been limited because theGovernment has not passed enabling legislation. Nonetheless,the Law reinforces popular attitudes and perceptions, andcontributes to an atmosphere in which discriminatory treatmentof women and non-Muslims is more readily accepted.Some Islamic leaders continue to stress a conservativeinterpretation of Islamic injunctions to justify discriminationagainst women. Many citizens interpret the Koran's injunctionson modesty to mean that women should remain either at home orveiled. It remains accepted practice to assign womensubordinate roles in the civil, political, and managerialhierarchies.Both civil and religious laws protect women's rights in casesof divorce, but, as in the case of inheritance laws, many womenare unaware of them, and often the laws are not observed. Insuch cases women generally do not receive--or are pressed tosurrender--their due share of the inheritance. In rural areas,the practice of a woman "marrying the Koran" is still widelyaccepted if her family cannot arrange a suitable marriage orwants to keep the family wealth intact. A woman married to theKoran is forbidden to have any contact with males over 14 yearsof age, including her immediate family members.In 1992 the Supreme Court invalidated the requirement that ahusband must give written notice of a divorce to a local unioncouncil. The husband's statement, with or without witnesses,is the defining legal step. The woman, lacking written proofof divorce, remains legally and socially vulnerable. Humanrights organizations expressed concern that a woman could becharged with adultery if her former spouse were to deny havingdivorced her.Although a small number of women study and teach inuniversities, postgraduate employment opportunities remainlargely limited to teaching, medical services, and the law.Nevertheless, an increasing number of women are entering thecommercial and public sectors. Karachi lawyers estimate thatthe number of female judges in civil courts there has increasedto about 30 percent of the total. There are reports that womenwho apply to professional colleges face discrimination. Womenmay now participate in international athletic competition,although few do.There is no reliable information on the extent of domesticviolence, primarily because it is viewed as a private matterand many women do not acknowledge that it is a seriousproblem. A survey of burn victims at two hospitals inRawalpindi and Islamabad conducted by the Progressive Women'sAssociation from March to October reported 35 cases of burnedwomen, only 4 of whom survived. So far the Government hastaken legal action against the perpetrators in seven cases andobtained two convictions.While abusive spouses may be charged for assault, cases arerarely filed. Police usually return battered wives to theirabusive husbands. A notable exception occurred in 1994 when aman convicted of mutilating his wife was sentenced to 30 yearsin prison and required to pay $4,000 in compensation. Thatcase had received extensive media coverage and the attention ofthe Prime Minister.Rape is a widespread problem, although there was a slightdecline in the reported incidence of rape during 1994 comparedto 1993. There were about 800 cases of rape reported in thepress during the year. It is estimated that less thanone-third of all rapes are reported to the police. Maritalrape is not a crime. The rape of another man's wife is acommon method for revenge in rural and tribal areas.The HRCP reports that there were 92 cases of public humiliationof women during 1994, including stripping in public, draggingthem by the hair through the streets, throwing acid in theirface, or public sexual harassment. There is little evidence ofefforts by police to stop such activities.In 1994 the press continued to draw attention to the problem ofso-called dowry deaths in which married women may be killed byrelatives in a dowry dispute. Most of the victims are burnedto death, allegedly in kitchen stove accidents. It isdifficult to differentiate criminal conduct from stoveaccidents which are common because of the use of unsafe wood orgas stoves and because women wear garments of highly flammablematerial.There are an increasing number of reports of women killed ormutilated by male relatives who suspect them of adultery. Fewsuch cases are investigated seriously. An article in themagazine Newsline alleged that hundreds of men and women fromBalochistan and rural areas of Sindh and Punjab provinces arekilled annually for illicit sexual relations. While thetradition of such killing applies equally to offending men andwomen, women are more likely to be killed than men.</text>
</content>
<name> </name>
<script></script>
</card>
card_54252.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: PAKISTAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 PAKISTANPakistan is an Islamic republic in which power is sharedbetween the Prime Minister, as the leader of the NationalAssembly, and the President. The Chief of Army Staff alsowields considerable influence on many major policy decisionsand is the third member of the unofficial "troika" whichgoverns the nation. During 1994, Prime Minister Benazir Bhuttodominated political policymaking, with President Farooq Leghariplaying a complementary role. Chief of Army Staff GeneralAbdul Waheed consulted closely with the Government but avoidedactive involvement in governing.Responsibility for internal security rests primarily with thepolice, although paramilitary forces, such as the Rangers andFrontier Constabulary, are responsible for maintaining law andorder in frontier areas. On November 30, the Army andparamilitary forces ended their operation, begun in 1992, tohelp restore law and order in Sindh province. Provincialgovernments control the police and paramilitary forces whenthey are assisting in law and order operations. Both forcescommitted abuses in 1994.Pakistan is a poor country, with great extremes in thedistribution of wealth, an extremely high rate of illiteracy,and a per capita income of $400. Its economy includes bothstate-run and private industries and financial institutions.The Constitution assures the right to private property and theright of private businesses to operate freely in most sectorsof the economy. The Government continues to pursue economicreform, emphasizing the privatization of government-ownedfinancial institutions, industrial units, and utilities.Cotton, textiles and apparel, rice, and leather products arethe principal exports.Although the Government made strong public commitments toaddress human rights concerns, particularly those involvingwomen, child labor, and minority religions, most human rightsabuses are rooted deeply in the social fabric. At year's end,these efforts had not resulted in a significant change in theoverall human rights situation. Serious problems continue inmany areas. Government forces continued to use arbitraryarrest and detention, and have tortured or otherwise abusedprisoners and detainees. They are unchecked by any seriousgovernment effort to reform the police or judicial systems orto prosecute those responsible for abuse. This Government, asdid previous ones, continued to harass political opponents andto repress the Sindh-based Mohajir Qaumi Movement (MQM)political party.Islamic religious zealots continued to discriminate against andpersecute religious minorities, basing their activities in parton discriminatory legislation against those religiousminorities. The Government proposed changes in the enforcementof the so-called blasphemy law to limit its abuse, but nochanges were enacted and abuse continued. However, in Novemberthe Lahore High Court overturned the 1992 blasphemy convictionof a Christian, Gul Masih.Religious and ethnic-based rivalries resulted in numerousmurders, mosque bombings, and occasional civil disturbances.Traditional social and legal constraints kept women in asubordinate position in society. They continued to besubjected to murder, torture, rape, and other forms ofdegradation 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 laborremained widespread in spite of both legislation to restrictthese practices and the signing of a Memorandum ofUnderstanding (MOU) on child labor with the International LaborOrganization (ILO). Little was done to improve basicconditions for women and children. Female children continuedto fall behind their male counterparts in such measures aslevels of health care and education.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingExtrajudicial killings, often in the form of staged "policeencounters" in which the police or military shoot and kill thesuspects--many of them unarmed--continued in 1994. Most ofthese killings occurred in rural Sindh Province as part of theArmy's law and order program, "Operation Cleanup," which endedon November 30. A survey conducted in June by the Human RightsCommission of Pakistan (HRCP) reported that the incidence ofexcesses committed by or attributed to the Army and the policein Sindh had diminished in early 1994. However, the frequencyof extrajudicial killing throughout Pakistan reported in thepress indicates that this continues to be a serious problem.A typical case occurred on May 3, when police killed five menin Sukkur, Sindh province. An HRCP investigation determinedthat the men were rounded up, brought to a police clerk'sresidence, tied up and killed with automatic weapons in awell-planned operation. The Government denied this allegation,saying the victims were dangerous criminals who were killedduring a 2-hour "encounter" with police.The HRCP reported 32 extrajudicial deaths in Sindh betweenJanuary and May. Many are believed to have died as a result ofpolice torture. The Government did not charge or try any lawenforcement personnel for these killings.The Government used excessive force to control politicaldemonstrations in Karachi. At least 13 people were killed and87 injured during police clashes with MQM demonstrators fromApril 29 to May 1. The opposition claims that the policekilled two demonstrators in October during anopposition-organized strike in Punjab.Ethnic and sectarian tensions rose during 1994. Members ofShi'a and Sunni Muslim organizations targeting rival groups setoff 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 sermonsdelivered during Friday prayers. Ethnic and religiouslymotivated riots continued to occur. In Karachi, people werekilled almost daily in fighting among factions of the MQM, andbetween the MQM and Sindhi nationalists. The rate of killingsincreased in the second half of the year. b. DisappearanceThere were no reported disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere continued to be credible evidence that police torturedand otherwise mistreated detainees. For example, the HRCPreported 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 illnessand internal pain.In other cases, 13 police officers were charged with torturingto death Pervez Akhtar in a police lockup on June 17 in GujarKhan, Punjab. The Government arrested four officers inconnection with Akhtar's death, but released them on bail andtook no further action. According to a May 25 press report, aChristian boy was tortured to death while in Gojra Sadar policecustody. In one egregious case, security forces arrested a25-year-old MQM activist in Sindh province on June 21,reportedly blindfolded and stripped him, and questioned himabout the location of MQM weapons. The activist died incustody. After family members recovered the man's body, theyreported 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 confessionsand compel detainees to incriminate others that the practicehas become standard procedure. Torture methods included:beating, burning with cigarettes, whipping the soles of thefeet, sexual assault, prolonged isolation, electric shock,denial of food or sleep, hanging upside down, forced spreadingof the legs, and public humiliation including stripping inpublic. Some magistrates and doctors helped cover up the abuseby issuing investigation and medical reports that the victimsdied of natural causes.Police frequently use the threat of abuse to extort money fromprisoners and their families. In some cases, the authoritieshave detained whole families to force a relative, the subjectof an arrest warrant, to surrender.Upon assuming his position, the superintendent of the Karachicentral jail reportedly ordered 450 prisoners stripped, andmany of them beaten, injuring at least 50. During this periodfrom January 13 to 15, the prisoners were kept in a 24-hourlockup, with no toilet facilities, no water, and little food.The superintendent justified his actions as part of his mandateto clean up corruption at the jail. Abuse is reported to havecontinued in the jail throughout the year.Despite regulations that prohibit the police from detainingwomen overnight, some women continue to be arbitrarily detainedovernight and sexually abused. The police reportedly gangraped five women in a village in Sindh province on January 18.Although there is increasing coverage of rape in theEnglish-language press, rape victims often do not file reportsbecause of social taboos, police intimidation, and familypressure. There are few policewomen to perform matron duties,despite regulations requiring that policewomen must be presentin station houses during the questioning or detention offemales. To address this problem, the Government opened"women's police stations" in several cities staffed by femalepersonnel. However, the press has reported that the staff ispoorly trained. The Government is offering these officersadditional training.Rape, along with other forms of police and military abuse,takes place in a climate of impunity caused by the failure ofsuccessive Governments to prosecute and punish the abusers.This failure is the single largest obstacle to ending or evenreducing the incidence of abuse. The authorities transfer orarrest offending officers, but seldom prosecute or punishthem. There were no known court convictions of abusive policeofficers in 1994. In general, investigating officers shieldtheir colleagues. Persons who attempt to bring charges againstpolice officers are often threatened by other officers and dropthe charges. However, according to one human rights advocate,the Government took action in several cases--a move whichreportedly resulted in a decline of such sexual abuse cases in1994.The incidence of torture and abuse was not restricted to thesecurity forces. There were reports that different factions ofthe MQM tortured and killed members of rival groups. Threepersons were killed on July 16 in Karachi. According to thepress, two of the victims were members of the MQM's Altafgroup. Their bodies were discovered in a field with marks oftorture, including burn wounds and broken bones. The othervictim, a member of the MQM's Haqiqi group, was gunned down inthe street along with his 5-year-old niece. MQM gunmen arealso suspected of murdering six Karachi policemen on June 28.The Hadood Ordinances, promulgated by the central Government in1979, were an attempt to make the Penal Code more Islamic.These Ordinances provide harsh punishments for violatingIslamic law, or Shari'a, including death by stoning forunlawful sexual relations and amputation for some othercrimes. In practice, the standards of evidence for imposingthese punishments are exceptionally high, and to date they havenever been carried out.Nonetheless, these laws apply to Muslims and non-Muslims alikeand weigh most heavily on women. Under these ordinances, awoman who reports that she has been raped or files for divorcemay find herself charged with adultery. All consensualextramarital sexual relations are considered violations of theHadood Ordinances. However, according to a lawyer from theHRCP, the Government has brought fewer charges against womenunder the Hadood Ordinances than in the past, and the courtshave shown greater leniency toward women in their sentences andin the granting of bail.There are three classes of prison facilities: Class "C" cellsgenerally hold common criminals--convicts and those in pretrialdetention. 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, suchas beatings and being forced to kneel for long periods.Conditions in "B" and "A" cells are markedly better. Theauthorities reserve the latter for "prominent" persons.There were several reports in 1994 that wealthy landlords orpolitical parties operated private jails. Many such jails arebelieved to exist in tribal and feudal areas. Some of theprisoners have reportedly been held in them for many years.The police raided several such jails in 1994 and released theprisoners. In February the police raided a private jailoperated by a local landlord in Umerkot, Sindh province. Theyreleased 13 men, 11 women, 9 girls, and 7 boys. The policearrested four persons during the raid. d. Arbitrary Arrest, Detention, or ExileThe law permits a Deputy Commissioner (DC) of a local districtto order detention without charge for 30 days of personssuspected of threatening public order and safety. The DC mayrenew detention in 30-day periods, for a total of 90 days. Forother criminal offenses, the police may hold a suspect for 24hours without charge. If the police can provide material proofthat detention is necessary for an investigation, a court mayextend detention for a total of 15 days.In practice, the authorities do not strictly observe the limitson detention. The police are not required to notify anyonewhen an arrest is made, and often hold detainees without chargeuntil they are challenged by a court. The police sometimesdetain individuals arbitrarily without charge, or on falsecharges, in order to extort payment for their release. The lawstipulates that detainees must be brought to trial within 30days of their arrest. However, in many cases trials do notstart until about 6 months after the filing of charges.The authorities generally permit family members and lawyers tovisit inmates. However, in some cases the authorities refusesuch visits, even though the detainee has been held for yearsawaiting trial. A report published by the HRCP on a visit to aprison in Sukkur, Sindh province, in July cited 11 detaineeswho had been awaiting trial from 1 to 3 years. HRCP officialsspeculate that detainees in other areas may have been held forover 10 years.The Government uses mass arrests to quell civil unrest. Thearmy arrested over 800 MQM party workers from May 4 to 7,following 5 days of violence in Karachi. The arrested included3 MQM Senators and 11 MQM members of the Sindh ProvincialAssembly. Almost all were released within 1 week. Theauthorities established detention facilities near theProvincial Assembly building to allow jailed assembly membersto attend sessions.The Federally Administered Tribal Areas have a separate legalsystem, the Frontier Crimes Regulation, which recognizes thedoctrine of "collective responsibility." Under thisregulation, the authorities are empowered to detain the fellowmembers of a fugitive's tribe, or to blockade the fugitive'svillage, pending his surrender or punishment by his own tribe,as is the local tradition. The Government exercised suchauthority in 1994. After the Supreme Court ruled that allfederal laws extend to tribal areas, the tribes in the MalakandDivision of the Northwest Frontier province clashed withgovernment forces, demanding a return to Islamic law. Thetribes blockaded roads and an airport, killed a member of theProvincial Assembly, and held numerous officials hostage. Inresponse, government forces were called in to pacify the area,and burned several houses belonging to the leaders of theunrest. In November the provincial government agreed to areturn to Shari'a law in Malakand Division after 30 Islamicactivists and soldiers were killed in the fighting.In August the Inter-Services Intelligence Agency (ISI), theGovernment's military intelligence organization, detainedShaukat Ali Kashmiri, the Secretary General of the Jammu andKashmir People's National Party. In September the ISI releasedMr. Kashmiri from Attock Fort Detention Center, but denied thatit had held him in detention.The authorities arrested more than 1,100 political opponents ofPrime Minister Bhutto, including 45 members of the provincialand national assemblies, prior to or during the October 11general strike. The authorities charged only a few of them andreleased most within a month. The Government filed criminalcharges, ranging from murder to possession of illegal weapons,against five opposition members of the National Assembly whowere arrested on October 11. Three were later released on bailbut two refused to apply for bail and remained in custody atyear's end. e. Denial of Fair Public TrialThe judicial system involves several different court systemswith overlapping and sometimes competing jurisdictions. Thereare civil and criminal systems with special courts forhigh-profile cases, as well as the Federal Shari'a appealscourts for certain Hadood offenses. The appeals process in thecivil system is: civil court, district court, high court, andSupreme 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 ofsentences. Attorneys are appointed for indigents only incapital cases. There are no jury trials. Owing to the limitednumber of judges, the heavy backlog of cases, and outdatedcourt procedures, cases routinely drag on for years. In boththe Hadood and standard criminal codes, there are bailable andnonbailable offenses. According to the Criminal ProceduresCode, the accused in bailable offenses must be granted bail andthe accused in "nonbailable" offenses should be granted bail ifaccused of a crime where the sentence is less than 10 years.Bail is set, often purposely, at unreasonably high levels forindigent defendants.The Federal Shari'a Court,and the Shari'a Bench of the SupremeCourt serve as appeals courts for certain convictions in thecriminal court under the Hadood Ordinances. The FederalShari'a Court also may overturn legislation judged to beinconsistent with the tenets of Islam. However, these casesmay be appealed to the Shari'a Bench of the Supreme Court.The judicial process continued to be impeded by bureaucraticinfighting and inactivity and the overlapping jurisdictions ofthe different court systems. Scores of positions in the lowermagistracy remained unfilled. Persons in jail awaiting trialare sometimes held for periods longer than the sentence theywould receive if convicted.Cases involving bombings, sabotage, highway robberies,banditry, or kidnaping may be brought before three types ofspecial courts. These include the special courts establishedby the Suppression of Terrorist Activities Act of 1975 to try"terrorist" cases and the "speedy trial courts," established bya 1987 ordinance to circumvent the judicial backlog. TheGovernment abolished both of these courts in July. A thirdtype of court, established in 1991 by the Constitution's 12thamendment, adjudicates heinous crimes. In 1991 the Presidentpromulgated new ordinances which gave the Federal Governmentthe exclusive authority to refer cases to these courts. Inpractice, the Government refers cases involving violentcriminal offenses to these courts.Many legal experts believe the special courts do not providefor a fair trial. They maintain that the short time forinvestigations and trials detract from the accused's right toprepare an adequate defense. Some observers maintain thattrial procedures have effectively repudiated the presumption ofinnocence. They also cite the encroachment by federalauthorities on the provincial government's constitutionalauthority to administer justice and the inherent unfairness ofparallel courts to which cases may be assigned arbitrarily.Moreover, the special courts may deny bail if the judges decidethat the accused may have reasonably committed an offense.Government officials and some attorneys maintain that despitethe deficiencies, the special courts are necessary because ofthe judicial backlog. They also maintain that the rules ofevidence apply in the courts, defendants have the right tocounsel, and the judges must meet the same standards as thoseappointed to a high court. Defendants also have the right toappeal, but only one appeal is allowed.In late 1993, the Government announced that it would allow thespeedy trial courts ordinance to lapse in July 1994. Afterthat date, the Government transferred all pending cases andinvestigations before the speedy courts to the regular courts.The special terrorist courts still exist.The judiciary is not independent. Through the President'spower to transfer High Court justices and grant tenure to newappointees, the executive branch is able to influence theprovincial High Courts, and especially the lower levels of thejudicial system. Judges in the special courts are retiredjurists, who are hired on renewable contracts. The desire tomaintain their positions influences many of their decisions.Despite the Government's promise to strengthen judicialindependence, it took several measures regarded as efforts toinfluence the court for political reasons. In February, in aruling regarded as politically motivated, the Supreme Courtupheld the right of two members of the Northwest FrontierProvincial Assembly, who were members of the Muslim LeagueNawaz group, to join the Pakistan People's Party (PPP). Theirmove allowed the PPP to gain control of the assembly. In othermoves regarded as politically motivated, the PPP government andthe President transferred the well-respected chief justice ofthe Sindh High Court to the Federal Shari'a court, replacinghim with a judge considered loyal to the PPP. There was alsocriticism of the appointment of 20 new judges to the LahoreHigh Court. The Government also refused to confirm six judgesnamed to the High Court in Sindh province, and several HighCourt judges in Punjab, who had been appointed when theopposition party was in power.After dissolving the first Bhutto government in 1990, PresidentGhulam Ishaq Khan established special "accountability"tribunals to try members of previous federal and provincialgovernments on criminal and corruption charges. However, onlymembers of the Bhutto government--all of whom belong to thePPP--were charged with corruption and misconduct. No membersof other political parties were brought to trial. In 1994 thetribunals acquitted the accused.In 1994 the Government brought numerous criminal cases againstmembers of the former Nawaz Sharif government, theirbusinesses, and their political supporters. The Governmentalso filed cases to have Nawaz Sharif and other members of hisparty disqualified from the National Assembly. The Governmentincarcerated several accused persons, including Nawaz Sharif's75-year-old father, who was arrested in November for taxevasion and money laundering. The authorities released thefather after 4 days, but at year's end his case and those ofthe others were pending.A 1990 Shari'a court decision resulted in the introduction ofthe Islamic concepts of Qisas--roughly an "eye for an eye"--andDiyat--"blood money"--into the Penal Code. The Qisas and DiyatOrdinance allows compensation to be paid to a victim's familyin lieu of the accused receiving punishment. As a result,wealthy or influential persons sometimes escape punishment forsuch crimes as murder and assault. The right to seek pardon orcommutation is not available to defendants under theordinance. The Hadood and Qisas and Diyat ordinances apply toboth ordinary criminal courts and Shari'a courts.Appeals of certain Hadood convictions involving penalties inexcess of 2 years' imprisonment are referred exclusively to theShari'a courts. Cases referred to the Federal Shari'a courtare heard jointly by Islamic scholars and High Court judgesusing ordinary criminal procedures. Cases referred to theShari'a bench of the Supreme Court are heard jointly by Islamicscholars and Supreme Court judges using ordinary criminalprocedures. Judges and attorneys must be Muslim and befamiliar with Islamic law. Within these limits, defendants inthe 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 weightdepending on the religion and sex of the witness. A non-Muslimmay not be a witness against a Muslim but may offer testimonyagainst another non-Muslim. Testimony of females is notadmissible for the harsher punishments (lashing, amputation,and stoning). In cases involving financial matters, thetestimony of two women is required for it to be admitted asevidence. The evidentiary laws that apply to lesserpunishments are roughly based on English common law.There continued to be charges that magistrates and police,under pressure to achieve high conviction rates, persuadedetainees to plead guilty without informing them of theconsequences. Politically powerful persons also attempt toinfluence magistrates' decisions and have used various forms ofpressure on the magistrates, including the threat to transferthem to other assignments. Magistrates also perform a widevariety of administrative functions for the provincialgovernments, reducing the time devoted to judicial duties.Administration of justice in the Federally Administered TribalAreas is normally the responsibility of tribal elders andmaliks, or leaders. They may conduct hearings according toIslamic law and tribal custom. In such proceedings, theaccused have no right to legal representation, bail, orappeal. The usual penalties consist of fines, even formurder. However, the Government's political agents, who arefederal civil servants assigned to local governments, overseesuch proceedings and may impose prison terms of up to 14 years.In remote areas outside the jurisdiction of the PoliticalAgents, tribal councils occasionally levy harsher, unsanctionedpunishments, including flogging or death by shooting orstoning. Paramilitary forces under the direction of thepolitical agents frequently perform punitive actions duringenforcement operations. For example, in raids on criminalactivities the authorities have been known to damagesurrounding homes as extrajudicial punishment of residents forhaving tolerated nearby criminal activity.There are fewer than 10 known political prisoners. Several areserving sentences under the laws concerning the Ahmadireligious sect. One person is appealing the death sentence forblasphemy (see Section 2.c.). f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceBy law the police must obtain a warrant to search a house butdo not need a warrant to search a person. However, the policeoften enter homes without a warrant. In the absence of awarrant, a policeman is subject to charges of criminaltrespass. However, policemen are seldom punished for illegalentry.The Government maintains several domestic intelligence serviceswhich monitor politicians, political activists, suspectedterrorists, and suspected foreign intelligence agents.Credible reports indicate that the authorities commonly resortto wiretapping and occasionally intercept and open mail.</text>
</content>
<name>Pakistan </name>
<script></script>
</card>
card_53939.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: OMAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 OMANThe 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or extrajudicial killing. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere 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 ExileIn 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 TrialThe 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 CorrespondenceThe 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 PressThere 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 AssociationThe 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 ReligionIslam 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 RepatriationThe 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 GovernmentOman 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 RightsThe 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 WomenWomen 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. ChildrenThe 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 MinoritiesCitizens 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 MinoritiesSome members of the Shi'a Muslim minority claim they face discrimination in employment and educational opportunities. People with DisabilitiesThe 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 AssociationIn 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 CollectivelyThe 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 LaborThe 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 ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Oman </name>
<script></script>
</card>
card_53613.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: NORWAY HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 NORWAYNorway 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 RIGHTSSection 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 PunishmentThere 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 ExileNorwegian 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 TrialThe 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 CorrespondenceThe privacy of the family and the person is free from arbitrary interference by the Government. Police may conduct searches ofthe 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 PressFreedom 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 AssociationNorwegians exercise these freedoms without restraint. Permits for public demonstrations are granted routinely. c. Freedom of ReligionThe 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 theCabinet 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 RepatriationThe 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 GovernmentNorway 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 RightsA 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 StatusThrough 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. WomenThe 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 amongwomen 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. ChildrenThe 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 PeopleApart 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 MinoritiesThere 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 DisabilitiesThe physically disabled are fully integrated into society, and are protected from discrimination in employment, education, andthe 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 AssociationThe 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 CollectivelyAll 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 LaborCompulsory labor is prohibited by law and does not exist. The Directorate of Labor Inspections ensures compliance. d. Minimum Age for Employment of ChildrenChildren 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 WorkNormal 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.</text>
</content>
<name>Norway </name>
<script></script>
</card>
card_53389.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: NIGERIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Primary education is compulsory, though rarely enforced, andrecent studies showed declining enrollment due mainly to thecontinuing deterioration of public schools. This lack ofsufficient primary school infrastructure has ended somefamilies' access to education, forcing them to place theirchildren on the employment market. The ILO and the U.N.Children's Fund, in consultation with the NLC, have concludedthat child labor, while not yet endemic, is increasing andcould become a serious problem (see Section 5). e. Acceptable Conditions of WorkThe 1974 Labor Decree sets a minimum wage, which is reviewed onan ad hoc basis. The last review in 1991 was undertaken by atripartite group consisting of representatives of the NLC, theNigeria Employers' Consultative Association, and the Ministryof Labor. It raised the monthly minimum wage from 250 naira to450 naira per month, but the rapid fall in the true market rateof the naira (down to approximately 100 to the dollar by year'send), rendered the legislation essentially meaningless. Theminimum wage as currently stipulated does not keep pace withinflation and does not provide a decent living for a worker andfamily. The deteriorating economy, coupled with a highinflation rate, has reduced the buying power of workers,leading to a marked decline in their standard of living. Thehigh inflation rate is a frequent cause of strikes demandinglarge wage increases.The 1974 Labor Decree also establishes a 40-hour workweek,prescribes 2 to 4 weeks of annual leave, and stipulates thatworkers are to be paid extra for hours worked over the legallimit. The Decree also states that workers who work on Sundaysand statutory public holidays must be paid a full day's pay inaddition to their normal wages. There is no law prohibitingexcessive compulsory overtime.The 1974 Decree contains general health and safety provisions,some aimed specifically at young or female workers. Employersmust compensate injured workers and dependent survivors ofthose killed in industrial accidents. The Labor Decree doesnot provide workers the legal right to excuse themselves fromdangerous work situations without loss of employment. TheLabor Ministry, which is charged with enforcement of theselaws, has been largely ineffective, and violations are commonand go largely unpunished. The Government has failed to act onvarious ILO recommendations since 1991 to update its moribundinspection and accident-reporting program.</text>
</content>
<name> </name>
<script></script>
</card>
card_53044.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: NIGERIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThere is a large and vibrant press, which is frequentlycritical of the Government. Nonetheless, the Governmentdirectly owns or controls many newspapers and has shut downseveral others. The Government granted broadcasting rights toprivate radio stations for the first time in 1994.Constitutional provisions providing for freedom of speech andthe press are not enforceable since no constitution is ineffect. The Abacha regime often publicly declared its supportfor these freedoms; however, the Government attempted toconfine public political dialog to the constitutionalconference. The regime also increased its systematicintimidation of the press through legal and extralegal meansthroughout 1994.The regime used a variety of methods to muzzle its manycritics. In January it seized the entire print run of theweekly newsmagazine Tell, and soon after indicted the editor inchief of Razor magazine for sedition and three Newswatchmagazine executives on other spurious charges. During the weekbuilding up to the anniversary of the June 12 election, theGovernment detained and otherwise harassed dozens ofjournalists, along with prodemocracy activists. Securityforces on June 11 occupied the offices of M.K.O. Abiola'sConcord group newspaper Punch, charging that the buildings wereused to store weapons. On August 14, security forces occupiedthe offices of the Guardian, Nigeria's most respected dailynewspaper, disrupting its production.Following a number of court decisions favoring the press overthe summer, in August the Government issued a series of decreesproscribing for 6 months three newspaper publishing houses.These new decrees granted the Abacha regime and its agentslegal immunity from challenges to any actions taken toimplement the decrees, even when the action predated the decreeitself. In December the Government extended the decreesindefinitely.The Government also summarily deported foreign journalists,including two correspondents of Cable News Network.The military Government used a number of other means tointimidate the press. These included a regulation banninggovernment offices from advertising in nongovernment media,periodic directives to government offices forbidding thepurchase of certain publications, personal attacks ingovernment-controlled media against journalists and others whochallenged government policies, and threats of harassmentagainst potential advertisers and financial backers ofantigovernment newspapers and magazines.While academic freedom is generally respected, the militaryGovernment closed universities sporadically due to continuedsocial unrest and strikes by the Academic Staff Union ofUniversities and other university unions calling forimplementation of the June 12, 1993, elections, a return tocivilian democracy, and improved funding for the universitysystem. Some student groups believe university authoritiesfollow government directives to suspend or expel activiststudents. b. Freedom of Peaceful Assembly and AssociationThe two Constitutions provide citizens the right to assemblefreely and associate with other persons in political parties,trade unions, or other special interest associations. However,the Government proscribed all political activity one day aftercoming into power in 1993. On August 17, General Abachaannounced that "individuals or groups may henceforth canvasspolitical ideas, but they cannot form political parties fornow."Permits are not normally required for public meetings indoors,and permit requirements for outdoor public functions are oftenignored. However, the Abacha Government retained the authorityof Decree Five of the Babangida government, which bannedgatherings whose political, ethnic, or religious overtonesmight lead to unrest. Open-air religious services away fromplaces of worship remain prohibited in most states due toreligious tensions in various parts of the country.Religious, professional, and other organizations need notregister with the Government and are generally permitted freeassociation with other national and foreign bodies. The PRCretained a ban on several political organizations which itcontended were founded primarily along ethnic, tribal,religious, or other parochial lines for the purpose ofsponsoring various political candidates. c. Freedom of ReligionDecree One (suspending most of the 1979 Constitution) and thesuspended 1989 Constitution prohibit federal and stategovernments from adopting an official state religion. The PRCreaffirmed the secular nature of the State in its instructionsto the constitutional conference. The 1979 and 1989constitutional provisions for freedom of belief, practice, andeducation in regard to religion are generally respected. TheGovernment 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 theirreligion in recognized places of worship.Distribution of religious publications is generallyunrestricted. There is a lightly enforced ban on publishedreligious advertisements, and religious programing ontelevision and radio remains closely controlled by theGovernment. Both Christian and Muslim organizations allegethat the Ministry of Foreign Affairs and the ImmigrationDepartment continue to restrict the entry into the country ofcertain religious practitioners, particularly persons suspectedof proselytizing. While it has not officially outlawed thepractice, the Government discourages proselytizing in thebelief that it stirs up religious tensions, particularly in thenorth. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe two Constitutions entitle citizens to move freelythroughout the country and reside where they wish. However,increasing violent crime in many parts of the country promptedpolice to set up roadblocks and checkpoints, where officialscommonly engaged in extortion, violence, and excessive use offorce.Those Constitutions also prohibit expulsion or the denial ofexit or entry to any Nigerian citizen. However, women mustoften provide permission from a male family member before theyare granted a passport, and the Government, like itspredecessors, occasionally prevented travel for politicalreasons.For example, in July the Government seized the passport of anopposition leader, Chief Sobo Sowem Imo, as he attempted toexit the country through the Lagos airport. In September theGovernment confiscated the national passport of noted socialcritic and Nobel Laureate Wole Soyinka, who, a few days before,had filed a suit against the Abacha regime challenging itslegal right to rule. In October immigration authorities againprevented 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. InNovember the Government seized Bar Association PresidentPriscilla Kuye's passport, preventing her from traveling aftershe had already boarded an international flight.Journalists reported harassment at the nation's airports bysecurity officials throughout the year, including having tofill out a special exit and entry form detailing theirmovements abroad, reasons for making their trip, and friendsand associates overseas. Security officials temporarilyconfiscated the passports of journalists who refused tocomplete the form.Nigerian law and practice permit temporary refuge and asylumfor political refugees from other countries. The Governmentcooperates with the Lagos office of the United Nations HighCommissioner for Refugees (UNHCR) in dealing with an estimated3,000 Liberian and an undetermined number of Chadian refugees.There were no reported cases of forced repatriation of refugeesin 1994.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens could not exercise this right in 1994, and there waslittle indication that General Abacha's military regime waswilling to permit them to do so on any basis other than aprocess tightly controlled by the regime. Throughout the year,the regime committed numerous, repeated, and egregious humanrights abuses in its effort to prevent citizens from opposingit by peaceful political means.After coming to power, the Provisional Ruling Council headed byGeneral Abacha promised a return to civilian, democratic rulebut did not provide a timetable. The regime instead announcedthe convening of a constitutional conference to prepare atransition program. Citizens were not to be given theopportunity peacefully to change their government at any leveluntil the constitutional convention completed its work. Asprotests against the regime mounted in May and June, theGovernment arrested a number of ex-politicians who attempted toreconvene disbanded democratic institutions. Those arrestedincluded Chief M.K.O. Abiola, the acclaimed winner of theaborted June 12, 1993, election, who declared himself Presidenton June 11.In July the National Union of Petroleum and Natural Gas Workerscalled a strike demanding that General Abacha release Abiolaand hand over power to a civilian government. Other unionsjoined NUPENG, and the ensuing strikes brought life in Lagosand much of the southwest to a standstill for almost 8 weeks,while rioting and civil disobedience erupted throughout thecountry, particularly in the southwest. By September theregime cracked down on its opponents, and most elements ofresistance dissolved. As noted, it committed numerous,repeated, and egregious human rights abuses in its effort toprevent citizens from opposing it by peaceful political means.At the end of the year, the regime continued to consolidate itshold on power, although General Abacha indicated that he mightlift the ban on political activity early in the new year. Healso repeated his commitment to "respect the decision of theconstitutional conference" regarding a transition to civilianrule, but stated that the Government "reserved the right" toreview any decision made by the conference. His promisesencouraged many members of the so-called political class toform associations and quasi-political parties in anticipationof another transition program. However, most Nigerians,preoccupied by increasing economic hardship and ethnicpolarization, and weary of repeated military promises ofdemocratic rule, remained politically impassive.Nigerian politics remain dominated by men. However, there areno legal impediments to political participation or voting bywomen or any other minority group. One woman served in the91-member Senate, and 6 women served in the 589-member House ofRepresentatives. There is one woman in the PRC's FederalExecutive Council.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government permitted local human rights groups to operatebut often interfered with their activities, detaining theirmembers and preventing them from criticizing the Government'shuman rights record (see Sections 1.d. and 2.a.). High-levelgovernment officials regularly denounced the activities ofNigeria's human rights community, often accusing its membersand the independent press of participating in foreign-inspiredplots to destabilize the country.Notwithstandng the Government's hostile attitude, human rightsgroups remained engaged in a vocal and public campaign for thepromotion of human rights. Among the most active are: TheCivil Liberties Organization; the Committee for the Defense ofHuman Rights; the Campaign for Democracy; the ConstitutionalRights Project; the National Association of Democratic Lawyers;Human Rights Africa; the Legal Research and ResourceDevelopment Center; the National Association of UniversityWomen; the International Federation of Women Lawyers; and theHuman Rights Committee of the Nigerian Bar Association. Anumber of prominent authors, including Nobel Laureate WoleSoyinka, artists, educators, and jurists, in addition toprofessional and labor organizations, spoke out frequently onhuman rights issues as well.The Government sometimes prevented foreign human rightsmonitoring groups and individuals from visiting Nigeria ormistreated them while they were there. For example, in Aprilthe Government refused visa requests by representatives of theUnrepresented Nations and Peoples Organization, invited byShell Oil and MOSOP to investigate the situation in Ogoniland.In June security agents beat and detained for 4 days NickAshton-Jones, a representative of the British environmentalawareness group Pronatura, and two Nigerian human rightsactivists, Oronto Douglas and Uche Onyeagocham, reportedly formeeting with detained MOSOP secretary Leedum Mitee in PortHarcourt. The Government admitted Amnesty Internationalrepresentatives to the country in December but denied themaccess to detainees.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusBoth the 1979 and 1989 Constitutions provide citizens the rightto freedom from discrimination based on "community, place oforgin, ethnic group, sex, religion, or political opinion."However, customary and religious discrimination against womenpersists, while tension between the Government and disaffectedminority ethnic groups is on the rise. WomenThere are no laws barring women from particular fields ofemployment, but women often experience discrimination becausethe Government tolerates customary and religious practiceswhich adversely affect them. While the number of women in theformal sector increases every year, women do not receive equalpay for equal work and often find it extremely difficult toacquire commercial credit or obtain tax deductions or rebatesas the heads of households. While some women have madeconsiderable individual progress, both in the academic andbusiness world, most are underprivileged. Though women are notlegally barred from owning land, under customary land tenuresystems in some parts of Nigeria only men own land, and womengain access to it through marriage or family. In addition,many customary practices do not recognize a woman's right toinherit her husband's property, and many widows are rendereddestitute when their in-laws take virtually all of the deceasedhusband's property. In other areas, the widow herself isconsidered part of the property, and she too may be "inherited"by the husband's eldest male relative. Polygyny is widelypracticed among all ethnic groups in both Christian and Islamiccommunities.Reports of wife abuse are common, especially wife beating inpolygynous families. Police do not normally intervene indomestic disputes, and they are seldom discussed publicly. Inmore traditional areas, it is questionable whether the courtsand police actively intervene to protect women who formallyaccuse their husbands if the level of alleged abuse does notexceed customary norms in the area. Purdah, the Islamicpractice of keeping girls and women in seclusion from menoutside the family, is prevalent in parts of Nigeria's farnorth. Women also bear the brunt of attacks for social andreligious reasons, particularly for "immodest" or"inappropriate" behavior. ChildrenThe Government only occasionally condemns child abuse andneglect and makes little effort to stop customary practices,such as the sale of children into marriage. It remains onlysporadically committed to children's welfare. While the amountof money spent on children's health projects has increased inrecent years, laws designed to protect the rights of childrenare often obsolete, inadequate, and seldom enforced. Althoughthe law stipulates that "no child shall be ordered to beimprisoned," juvenile offenders are routinely denied bail andincarcerated along with hardened criminals.There are credible reports that poor families often sell theirdaughters into marriage as a means of supplementing theirincomes. There are also reports that many young girls areforced into marriage as soon as they reach puberty, regardlessof age, to prevent "indecency" associated with premarital sex.The Government publicly opposes female genital mutilation(FGM), and Nigeria cosponsored a resolution at the 46th WorldHealth Assembly calling for the elimination of harmful healthpractices, including FGM. However, it has taken no action toabolish the procedure, and nearly all ethnic groups subjectyoung females to it. Nigerian experts estimate that as many as50 percent of Nigerian women, primarily in the Christian southbut less in the Muslim north, have undergone FGM, which variesfrom simple removal of the clitoral hood or labia minora toexcision of the clitoris and the most painful and harmful form,infibulation.The age at which females are subjected to FGM varies from thefirst week of life to after a woman delivers her first child.The federal Ministry of Health and NGO's sponsor publicawareness and education projects to inform communities of thehealth hazards associated with FGM, and the press openlycondemned the practice on a number of occasions. National/Racial/Ethnic MinoritiesThere is no official policy of discrimination against any ofNigeria's 250 ethnic groups, and laws do not favor one groupover another. However, Nigeria has a long history of tensionamong its diverse ethnic groups. Clashes continued betweenrival ethnic groups in Delta, Rivers, Benue, Cross River, andTaraba states, often resulting in bloodshed. Traditioncontinues to impose considerable pressure on individualgovernment officials to favor their own ethnic group, andethnic favoritism persists. The Ogoni, an ethnic groupindigenous to Rivers state in eastern Nigeria (Nigeria'soil-producing region), maintain that the Government continuesto engage in a systematic campaign to deprive them of theirland and its wealth.The Ogonis claim that the Government seizes Ogoni propertywithout fair compensation, ignores the environmental impact ofoil production on Ogoni land, and fails to provide adequatesocial services, such as water and electricity. MOSOP, whichcampaigns for greater Ogoni autonomy, often describesgovernment policy towards the Ogoni as genocide. Theconfrontation between the Government and the Ogoni hasincreasingly turned violent (see Section 1.a.), and Ogoniconcerns about environmental degradation and the quality ofsocial services in the oil-producing region have some merit.Despite this, accusations that the Government is engaged in agenocidal campaign against the Ogoni are unfounded.Other ethnic minorities, particularly in Delta, Rivers, andAkwa Ibom states, have echoed Ogoni claims of environmentaldegradation and government indifference to their development.Groups such as the Ijaw, Itsekiri, and Urhobo have grownincreasingly vocal in expressing their unhappiness, while theprevalence of ethnic conflict and confrontation with governmentforces increased in these areas. Religious MinoritiesNigerian law prohibits religious discrimination. Nonetheless,it is commonly reported that government officials oftendiscriminate against persons practicing a religion differentfrom their own. Religious tensions often lead to violence, asin April when clashes between Muslims and Christians in thenorthern city of Jos resulted in hundreds of deaths and thepartial destruction of the city's main market. A predominantlyChristian city in a Muslim-dominated part of the country, Joshad long been championed as an example of Nigerian religioustolerance. Residents in an overwhelmingly Christian part ofthe city rioted when the military administrator of Plateaustate (a Muslim from Kano) chose a Muslim rather than aChristian for the position of local government administrator.In September Muslims attacked and killed some Christianresidents of the northern town of Potiskum, capital of Yobestate. In response, the Christian Association of Nigeriaissued a strong statement condemning the killings and allegingofficial indifference to the incident. People with DisabilitiesWhile the Government called for private businesses to institutepolicies ensuring fair treatment to the 2 percent of the workforce that it claims is disabled, it has not enacted any laws,including on accessibility to buildings and publictransportation, nor formulated any policy which specificallyensures the right of the disabled to work.Section 6 Worker Rights a. The Right of AssociationThe Abacha Government has left basic labor legislation inplace, essentially the 1974 Labor Decree. However, there areno constitutional safeguards preventing the Government frominterfering in the administration of labor unions, and theGovernment added new decrees further restricting workerrights. Nigeria has signed and ratified the InternationalLabor Organization's (ILO) Convention on Freedom ofAssociation. On November 3 and 4, the ILO Committee on Freedomof Association heard a complaint by the InternationalConfederation of Free Trade Unions, the World Confederation ofLabor, and the Organization of African Trade Union Unityagainst the Nigerian Government's labor policy. The ILO ruledthat the Government's interference in the administration oflabor unions and its restriction of worker rights is in directcontravention of ratified conventions. The Committeerecommended that the Government remove appointed administratorsfrom labor bodies, restore suspended union executives and allowthem access to the premises of union headquarters, and restoredues check-off. At year's end the Government had not responded.Workers, except members of the armed forces and employeesdesignated essential by the Government, may join trade unions.Essential employees include firefighters, police, employees ofthe central bank, the security printers (printers of currency,passports, and government forms), and customs and excisestaff. In May 1993, the Government promulgated the TeachingEssential Services Decree, declaring education an essentialservice. The Decree did not, however, proscribe educationsector unions. The National Labour Congress (NLC), Nigeria'sumbrella labor federation, has repeatedly called on theGovernment to reinstate unions in all sectors of the economyexcept for the armed forces, firefighters, and the police.The vast majority (approximately 72 percent) of the work forceis employed in agriculture. Agricultural workers are notunionized. Most of the informal sector and practically allsmall industries and businesses remain nonunionized.Approximately 11.5 percent of the total work force belong tounions.In contravention of the ILO Convention on Freedom ofAssociation, the Government has decreed a single central laborbody, the NLC, and deregistered other unions. Governmentinterference makes it difficult for the NLC to representNigerian workers effectively. The NLC claims 3 million membersout of a total work force of 30 million, but this figure isdifficult to verify. The Government continued to resistattempts by senior government staff to form and register as anindependent labor association the Senior Staff ConsultativeAssociation of Nigeria (SESCAN).The right to strike is recognized by law, except in the case ofessential services. There are no laws prohibiting retributionagainst strikers and strike leaders, but strikers who feel theyare facing unfair retribution may submit their cases to theIndustrial Arbitration Panel, whose decisions are binding onall parties.In 1994 the labor movement engaged in large-scale strikeaction, including two general strikes, in support of K.O.Abiola and the prodemocracy movement. In response, theGovernment enacted decrees dismissing the executives of theNLC, PENGASSAN, and NUPENG and prohibiting legal challenges byoffended unions to these decrees. The courts subsequentlycited the latter in dismissing an NLC legal suit asking thecourts to declare these decrees null and void.The crippling strike by petroleum workers began on July 4 andofficially ended on August 17, when the Government dismissedthe 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 ofother ranking labor leaders. By September, petroleum workers,frustrated by a lack of support from other Nigerians, returnedto their jobs.Under the labor laws, any nonagricultural enterprise whichemploys more than 50 employees is obliged to recognize tradeunions and must pay or deduct a dues checkoff for employees whoare members. The NLC has complained that some employersdeliberately organize their industries into multiple unitsemploying less than 50 workers to avoid unionization. TheGovernment threatened to withdraw the dues checkoff provisionand make the payment of union dues completely voluntary ifunions pursue strikes. This was the case in August 1993 whenthe NLC called a general strike and again in September 1994 atthe conclusion of the petroleum strike.In August 1991, the Government's Decree 32 amended a policy ineffect since 1975 that permitted international laboraffiliation only with the Organization of African Trade UnionUnity and affiliated pan-African labor federations. Decree 32allowed affiliation with non-African international labororganizations, but only for training and educationalassistance. Since Decree 32, the NLC and SESCAN openednegotiations with the International Confederation of Free TradeUnions seeking formal affiliation. The removal of the NLCexecutive and the protracted political confrontation haveprecluded further progress on these applications. b. The Right to Organize and Bargain CollectivelyThe labor laws provide for both the right to organize and theright to bargain collectively between management and tradeunions. Collective bargaining is, in fact, common in manysectors of the economy. Laws further protect workers againstretaliation by employers for labor activity through anindependent arm of the judiciary, the National IndustrialCourt, which handles complaints of antiunion discrimination.The NLC has complained, however, that the judicial system isoften slow to handle labor cases and that this constitutes adenial of redress to those with legitimate complaints.There have been no significant reforms in labor practice sinceJanuary 1991, when the Government abolished the uniform wagestructure for all government entities. This allowed each tierof government--federal, state, local, and state-ownedfirms--freedom to negotiate its own level of wages, benefits,and conditions of employment. As a result, negotiationspreviously conducted on a nationwide basis under the directsupervision of the Labor Ministry, are now conducted on alocal, often plantwide, basis with less government involvement.At year's end, there were no functioning export processingzones. c. Prohibition of Forced or Compulsory LaborThe 1974 Labor Decree and the 1989 Constitution prohibit forcedor compulsory labor. While this prohibition is generallyobserved in practice, the Lagos Task Force soldiers used forcedlabor to clean up community streets (see Section 1.c.). TheILO, noting that with the 1989 Constitution suspended Nigeriamay not be able to enforce the ILO Convention against ForcedLabor in the absence of constitutional guarantees, pressed theGovernment for its views on this point, but at year's end theGovernment had not replied. d. Minimum Age for Employment of ChildrenThe 1974 Labor Decree prohibits employment of children under15 years of age in commerce and industry and restricts otherchild labor to home-based agricultural or domestic work. Thelaw further stipulates that children may not be employed inagricultural or domestic work for more than 8 hours per day.The Decree allows the apprenticeship of youths aged 13 to 15under specific conditions. The Government does notspecifically regulate service of apprentices over the age of 15.</text>
</content>
<name> </name>
<script></script>
</card>
card_52818.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: NIGERIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 NIGERIAGeneral Sani Abacha, who seized power in a palace coup onNovember 17, 1993, remained Head of State throughout 1994.Under Abacha, the main decisionmaking organ is themilitary-dominated Provisional Ruling Council (PRC), whichrules by decree. The PRC oversees the 32-member FederalExecutive Council composed of some of Nigeria's most prominentpoliticians. Like previous military regimes, Abacha and thePRC claimed they would eventually hand over power to a civiliangovernment, but the PRC did not reveal a timetable, although itinitiated a "constitutional conference" over which it hadstrong influence. Pending a new constitution, some provisionsof the 1979 Constitution were observed, although the decreesuspending 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 orguarantees outlined in the Constitution to suit a particularpurpose, it just as often reminded the public of the continuedsuspension of constitutional rights.Despite several positive initial steps, the PRC showed littlerespect for human rights after its first month in power, andthe political and economic climate steadily deterioratedthroughout 1994. New political forces steadily gathered insupport of Chief Moshood K. O. Abiola, who on June 12, l993,had won the presidential election, in what national andinternational observers characterized as the most free and fairelection in Nigeria's history, but which was quickly annulledby then military head, General Ibrahim Babangida. Inparticular, opposition figures united in a new organizationcalled the National Democratic Coalition (NADECO), whichcampaigned for an immediate return to civilian rule through a"sovereign" national conference. Abiola declared himselfPresident of Nigeria on June 11, 1994.The Government continued to enforce its authority through theFederal Security System (the military, the state securityservice, and the national police--all of whom were responsiblefor serious human rights abuses) and through decrees blockingaction by the opposition in the courts. Starting in May andJune, the Government cracked down hard on the opposition,arresting NADECO members. With Abiola in prison awaitingtrial, General Abacha convened a constitutional conference, butthe labor movement, led by the National Union of Petroleum andNatural Gas Workers (NUPENG) and the National Labor Congress(NLC), responded with massive strike action, demanding thatGeneral Abacha release Abiola and hand over power to a civiliangovernment. The ensuing strikes brought economic life in Lagosand much of the southwest to a standstill for almost 8 weeks.By the middle of September, the military Government becameincreasingly confident, escalating further the crackdown on itsopponents. In the face of the Government's tough actions, moststriking workers, fearing arrest and dismissal, soon returnedto work, and most of the fight went out of organized labor. Atthe end of the year, the economy continued its downward slide.While Nigerian elites continued to prosper, unemployment,underemployment, and inflation increased markedly. Nigeriadepends on oil exports for over 90 percent of its foreignexchange earnings and 75 percent of its budget revenues. Inorder to cope with reduced oil revenues, Nigeria implemented anindigenous structural adjustment program (SAP) from 1986 to1991. While the SAP was a success in some respects, economicconditions for the average Nigerian remained very difficult,and successive military governments increasingly abandonedreform by printing money that fueled inflation.Nigeria's human rights record remained dismal in 1994. GeneralAbacha's policies heightened episodic civil unrest in urbanareas. Security forces used excessive force to control thesituation, killing and wounding a number of persons, includingpeaceful protesters. The Abacha Government regularly relied onarbitrary detention and mass arrest as a means of silencing itsmany critics. To consolidate its hold on power, the regime inAugust announced a series of harsh decrees restricting pressfreedom and civil liberties which, like other military decrees,contained clauses prohibiting judicial review of any governmentaction. Security services stepped up routine harassment ofhuman rights and prodemocracy groups, including labor leaders,journalists, and student activists.Other human rights problems throughout the year includedextrajudicial killings; police torture; dangerous andunsanitary prison conditions with many deaths; violence anddiscrimination against women; and infringements on freedom ofspeech, press, travel, and political and labor affiliation.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingAs in previous years, police and security services commonlyengaged in extrajudicial killings and excessive use of force toquell antimilitary and prodemocracy protests. The most deadlyincidents occurred in July and August after the Governmentdeployed police and military units to put down protests inLagos and other cities in the southwest. There were crediblereports that security forces may have killed from 20 to 50people in the Lagos area alone. Government reports of deathsresulting from the riots were much lower, and the Governmentasserted that security forces intervened only when confrontedby violent criminals. While the victims included hoodlums andlooters, who used the protests as cover to engage in violentcriminal activities, eyewitness accounts indicated thatsecurity forces often fired randomly into crowds, killinginnocent bystanders and peaceful demonstrators.Nigerian human rights groups maintain that scores of people dieannually while in police custody, though there are nodefinitive statistics, and the claims are difficult tosubstantiate. They are, however, accepted by the Nigerianpublic and remain consistent with other credible reports ofpolice abuse, including the use of torture to extractconfessions. The Civil Liberties Organization (CLO), anongovernmental organization (NGO), publicized the case ofAnthony Imo, who died while in police custody in February.Police arrested Imo, a "patent medicine" seller, in Kano andaccused him of selling fake pharmaceuticals. Reportedlytortured by police while in custody for several hours, Imo wastaken by police to a local hospital where he later died,apparently from brain damage.The Government seldom holds police and security servicesaccountable for the use of excessive, deadly force or the deathof individuals while in custody; it made no effort toinvestigate the conduct of security forces during the July andAugust prodemocracy protests and denied that protesters died atthe hands of government forces. The Government has thusfostered 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 stateshot seven men they suspected of being armed robbers. Thepolice maintain the seven fired upon them while trying to run acheckpoint near Warri. In an exchange of fire, the police shottwo of the men and arrested the rest of the party. The policethen 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 forthe Survival of the Ogoni People (MOSOP) and government forcesescalated throughout the year. In April, spurred by increasedviolence in the oil-producing area, the Government deployedlarge numbers of police and military to Ogoniland. Crediblereports of increased killings and beatings at policecheckpoints and other areas accompanied the deployment. Toquell the upsurge of violence in the area, the militaryadministration of Rivers state promulgated a draconian decreeimposing the death sentence for "civil disturbances occasioningdeath," and also for crimes such as "attempted murder." Theadministration set up a special court, the Civil DisturbancesTribunal, to try such cases.Human rights groups and the press corroborated MOSOP claimsthat hundreds of people died in the violence which continuedunabated despite the military presence and the actions of theRivers state government. The commander of the military forcesin Ogoniland, Major Paul Okuntimo, admitted publicly his forceskilled six people from June to August, stating that two wereshot when they fired on soldiers, one while trying to escapefrom detention, and "the remaining three...as a deterrent totheir like." b. DisappearanceThere were no reports of politically motivated disappearances;however, government detention practices have the effect ofcausing many detainees to be "missing" for extended periods(see Section 1.d.). c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 1979 Constitution (suspended) and the 1989 Constitution(never implemented) prohibit torture and mistreatment ofprisoners and provide criminal sanctions for such excesses, andthe Evidence Act of 1960 prohibits the introduction of evidenceobtained through torture. Nevertheless, detainees frequentlydie while in custody (see Section 1.a.), and there werecredible reports that police seeking to extract confessionsregularly beat and torture suspects. For example, reportscirculated in September that the military beat and nearlytortured to death detained NADECO members. Detainees areregularly kept incommunicado for long periods of time (seeSection 1.d.).In its early months in power, the Abacha regime formed theLagos State Environmental Task Force as part of its "war onindiscipline and corruption." Under the direct supervision ofthe Lagos state administrator, Colonel Olagunsoye Oyinlola, theTask Force grew increasingly brutal in its attempts to ridLagos of illegal street traders and mountains of garbage. TaskForce soldiers routinely beat and arrested anyone theyperceived as being "undisciplined," usually unarmed marketwomen and traders, but also including jaywalkers, errantdrivers, children, and young traders who hawk goods on Lagosstreets. The Constitutional Rights Project publicized the caseof one of its lawyers, Kolawole Olaniyan, who was beaten andhorsewhipped after protesting being pressed into a work gang byTask Force soldiers on March 16. Armed soldiers reportedlystopped the bus in which he was commuting and forced theoccupants to clean up piles of refuse nearby. Soldiers alsotargeted young women in short skirts or trousers, humiliatingthem and sometimes stripping them naked for wearing "immodestclothing." The Government neither acknowledged nor denied thatsuch practices occurred; the perpetrators went unpunished.Conditions in Nigeria's prisons remain life threatening. Lackof potable water, sewage facilities, and medical suppliescontribute to deplorable sanitary conditions. Disease runsrampant in the cramped, poorly ventilated facilities. Prisoninmates are seldom allowed outside their cells for recreation,and many must provide their own food. In those cases, onlythose with money or whose relatives bring food regularly havesomething to eat. Poor inmates rely on handouts from others tosurvive. There are credible reports that prison officials andpolice deny inmates food and medical treatment as a form ofpunishment or to extort money from them. For example, theprison authorities denied Ken Saro-Wiwa, leader of MOSOP, whosuffers from a heart condition, access to medical care and foodappropriate to his medical condition during his detainment inJanuary and again during his subsequent detention, whileignoring continued requests by Saro-Wiwa's personal physicianto see him (see Section 1.d.). There were also crediblereports that prison officials kept Saro-Wiwa in chains for atleast part of his detention.Severe overcrowding in Nigerian prisons remains a seriousproblem. For example, Ikoyi prison in Lagos, built to houseabout 800 inmates, holds over 2,000. The CDHR estimated that2,000 people die each year in prisons from disease, althoughthe Government admits only to a much lower mortality rate. Acorrespondent for the Vanguard newspaper reported the death of40 inmates from tuberculosis in the Warri federal prison sincethe end of 1993. The Ita Oko detention camp was most likelyreopened to ease the burden on other overcrowded facilities.The Government derives considerable savings from the practiceof leaving many children born in prison with their jailedmothers rather than placing them in foster homes. d. Arbitrary Arrest, Detention, and ExileThe regime repeatedly engaged in arbitrary arrest and detention(see below). Police are empowered to make arrests withoutwarrants if there is reasonable suspicion of an offense andoften abuse this power. Nigerian law requires the arrestingofficer to inform the accused of charges at the time of arrestand take him or her to the station for processing within areasonable time. Suspects must be given the opportunity toengage counsel and to post bail. However, police do notgenerally adhere to these safeguards. They often hold suspectsincommunicado under harsh conditions for extended periodswithout charge; arbitrary detention occurs frequently. Policealso commonly place relatives and friends of wanted suspects indetention without charge in an effort to induce the accused toturn themselves in.The State Security (Detention of Persons) Decree of 1984(Decree Two) provides that the Government may detain withoutcharge persons suspected of acts prejudicial to state securityor harmful to the economic well-being of the country. Wheninvoked by the Vice President, the decree suspends thedetainee's civil liberties and precludes judicial review. ManyNigerians still consider Decree Two the main threat to theirbasic freedoms because the judicial ouster clause encouragesarbitrary detention and fails to define what constitutes actsprejudicial to state security or the nation's economicwell-being.During the year, the Government expanded its authority todetain opponents by promulgating a series of new decrees. Oneof them, Decree 11, authorizes the PRC Vice Chairman or theCommissioner of Police to detain persons for up to 3 months.Another, Decree 14, forbids courts to order the Government toproduce prisoners in court, effectively suspending the right ofhabeas corpus. The PRC relied heavily on arbitrary arrest anddetention throughout the year in an effort to silence itscritics. In February, after the Government announced a ban onregional political organizations, security forces arrested anddetained without charge retired general and former presidentialcandidate Shehu Musa Yar'Adua. In March the Government crackeddown on human rights groups' activities throughout the nation.The authorities arrested Femi Falana, chairman of the NationalAssociation of Democratic Lawyers and two members of theCampaign for Democracy (CD) in Lagos on March 11, but nevercharged them. Security operatives earlier in the montharrested Oyo state chairman of the CD, Gbenga Awosode, andKwara state CDHR chairperson, Josephine Okei. Security forcesbroke up an antiwar rally organized by the CD on March 15 andarrested and detained eight CD members, including Femi Falanaand founding member Frederick Fasehun.In the wake of protests against the constitutional conferencein May and June, the Government expanded its crackdown,arresting hundreds of prodemocracy agitators. In the wave ofarrests, the Government detained and charged with treasonseveral former senators, who declared they had reconvened thedisbanded National Assembly, including Senate President AmehEbute and Senators Bola Tinubu, Polycarp Nwite, N.A. Okorofor,and Abu Ibrahim. They were released on bail, but the chargesagainst them remained pending. The authorities also arrestedand released Tokunbo Afikuyomi, member of the disbanded Houseof Representatives and former aide to General Abacha's Ministerof Foreign Affairs Baba Gana Kingibe, and a number of NADECOmembers, such as former governor of Plateau state Air CommodoreDan Suleiman; former governor of Benue state Air CommodoreJonah Jang; former governor of Anambra state C.C. Onoh; formergovernor of Oyo state Bola Ige; and the highly respectedpolitician and statesman, Anthony Enahoro. The authoritiesdetained human rights figures around the country, including CDchairman and NADECO member Beko Ransome-Kuti, who went on ahunger strike to protest the conditions of his detention.The Government arrested on charges of treasonable offenses inlate June Chief Moshood K.O. Abiola, widely believed the winnerof the annulled June 12, 1993, elections, who declared himselfPresident and Commander in Chief of the Armed Forces ofNigeria. The Government kept Abiola in isolation for weeksbefore moving him to Abuja and commencing his trial (seeSection 1.e.). Credible reports emerged that Abiola had beenhumiliated while in custody, and that his family and doctorwere only sporadically allowed access to him. In September theregime allowed Abiola's personal physician and other doctors toexamine him. Despite the doctors' findings of a serious heartcondition, the regime refused pleas from his family and othersthat he be released for urgent tests that could be performedonly in Lagos or abroad.In August and September the regime continued to silenceopposition to its rule. It arrested again Chief AnthonyEnahoro on August 18, jailing him in the Port Harcourt prison.His family complained that security forces refused them accessto see him and that his doctor was unable to assess the75-year-old Enahoro's medical condition. Enahoro was releasedwithout charge in late December after being moved to the PortHarcourt military hospital. Beko Ransome-Kuti was againarrested without charge on September 15, after securityoperatives entered the offices of the CDHR with a warrant andseized a number of documents. After holding Ransome-Kutiincommunicado for 1 week, the Government charged him withwriting threatening letters to the managing directors of Agipand Shell oil companies and released him on bail. In earlyNovember, the federal High Court in Lagos ruled that only thefederal Attorney General could prosecute cases of treasonablefelony, and that because the Government's case againstRansome-Kuti had been filed at the state court level, it wasinvalid. The Government ignored the ruling, rearrestingRansome-Kuti on November 9, this time also accusing him ofreceiving 6 million Naira from Abiola to "bomb governmentinstallations and strategic buildings." The new AttorneyGeneral of the Federation, Michael Agbamuche, defended theGovernment's actions, saying that the Government had the rightto overturn judicial decisions "in certain circumstances."Ransome-Kuti was released on bail soon after, and the casecontinued at year's end. Noted civil rights activist andlawyer Gani Fawehinmi was arrested on October 1 afterannouncing the formation of a new political party, the NationalConscience (NC). He was released several days later.Throughout the year, government forces harassed and detainedfrom time to time other members of MOSOP, including KenSaro-Wiwa's brother, Owens Wiwa. Saro-Wiwa also remained inprison at year's end, without access to a lawyer, his family ora doctor. In November the Government announced the formationof a military tribunal to try Saro-Wiwa and other MOSOP membersfor complicity in the murders of four Ogoni chiefs (see Section5).The labor movement confirmed that the following labor leaderswere in detention at year's end: Frank Kokori, GeneralSecretary of NUPENG; R. Addo, first president of the Petroleumand Natural Gas Senior Staff Association (PENGASSAN); P.Aidelomon, a PENGASSAN branch chairman; Wariebi Kojo Agamene,president of NUPENG; and Olu Aderibegbe, Chairman of the Edostate NLC.The above cases were not isolated. The Government routinelydetained human rights monitors, journalists (see Section 2.a.),and political opponents throughout the year for making orpublishing statements critical of the Government. Most oftenthe authorities did not charge the detainees with a crime, heldthem for brief periods, and questioned them about theiractivities and statements. Nigeria's total prison populationis estimated at 65,000. Human rights groups estimate that asmuch as 46 percent of this population awaits trial. A precisefigure for the number of persons detained without charge isunavailable, and there are no credible estimates of the numberof political detainees.There were no known instances of forced exile as a means ofpolitical control, although several NADECO members were inself-imposed exile in the United States and the United Kingdomat year's end. e. Denial of Fair Public TrialIn its efforts to suppress opposition to its rule, the regimefirst bypasssed the regular courts in favor of "tribunals" andthen declared itself above the law by prohibiting court reviewof any government action (see below).Decree One of 1984, the Basic Constitution (Modification andSuspension) Decree, the first decree promulgated by themilitary officers who overthrew the civilian regime ofPresident Shagari in 1983, left the institutional framework ofthe judiciary relatively intact. However, it established aparallel system of military tribunals with sole jurisdictionover certain offenses, such as coup plotting, corruption, armedrobbery, and illegal sale of petroleum. A 1991 decree amendedDecree One by providing that only sitting or retired civilianjudges may preside over tribunals hearing nonmilitary cases.The PRC retained the tribunal framework.In most cases before the tribunals, the accused have the rightto legal counsel, bail, and appeal, though some tribunalssubstitute a presumption of guilt for the presumption ofinnocence, and conviction rates in the tribunals reportedlyexceed conviction rates in the regular courts. Sentences aregenerally severe. The Government's reliance on tribunals,which operate outside the constitutional court system,seriously undermines the judiciary's independence and oftenresults in legal proceedings that deny defendants due process.The Government's frequent refusal to respect court rulings alsoundercuts the independence and integrity of the judiciary. InNovember the federal Government circumvented a ruling by theKaduna High Court granting Abiola bail by filing an appeal tothe Supreme Court, further calling into question the relevanceof judicial decisions. The Government ignored court orders inJuly requiring that it allow Punch, a daily newspaper closeddown by security forces, to reopen. In August a federal HighCourt ruled the Government in contempt of court for ignoringthe ruling. The Court declared the closure of the paperillegal and unconstitutional and ordered the police to vacatethe 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 judiciaryretained, the regime in August declared itself above the law.Decree 12 of 1994, enacted on August 18, states that "no act ofthe federal military government may be questioned henceforth ina court of law," and "divests all courts of jurisdiction in allmatters concerning the authority of the federal government."When Attorney General Olu Onagoruwa criticized the decrees asbeing unconstitutional, the PRC fired him.The regular court system is composed of both federal and statetrial courts, state appeals courts, the federal Court ofAppeal, and the federal Supreme Court. Under the 1979Constitution, courts of the first instance include magistrateor 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 hasjurisdiction. In principle, customary and Shari'a courts havejurisdiction only if both plaintiff and defendant agree to it.In practice, fear of legal costs, delay, and distance toalternative courts encourage many litigants to choose thesecourts.Criminal justice procedures call for trial within 3 months ofarraignment for most categories of criminals. Inefficientadministrative procedures, petty extortion, bureaucraticinertia, poor communication between police and prisonofficials, and inadequate transportation continue to result inconsiderable delays, often stretching several years in bringingsuspects to trial.Trials in the regular court system are public and generallyrespect constitutionally protected individual rights, includinga presumption of innocence, the right to be present, toconfront witnesses, to present evidence, and to be representedby legal counsel.There are no legal provisions barring women or other groupsfrom testifying in civil court or giving their testimony lessweight. The testimony of women is, however, accorded lessweight in Shari'a courts. There is a widespread perceptionthat judges are easily bribed, or "settled," and that thecourts cannot be relied upon to render an impartial judgment.An internal government report submitted to General Abacha inJune, later printed in the press, called the judiciary a"disaster institution" and recommended that the federalGovernment correct the institution's lack of independence andfunding, as well as put an end to corruption and bribery amongjudges.The number of political prisoners (as distinct from politicaldetainees) held by the Government was also unknown. At year'send, M.K.O. Abiola remained in prison, despite a Novemberruling by the Kaduna federal High Court of Appeals granting himbail on the condition that he "not disturb the peace." Theregime refused to honor the ruling, however, and appealed thedecision to the Supreme Court. Abiola's trial on treasoncharges remained suspended indefinitely on orders from theregime. Other long-term political detainees, such as KenSaro-Wiwa, continued to be held without trial. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceProvisions of the 1979 and 1989 Constitutions provide for therights to privacy in the home, in correspondence, and in oralelectronic communications. However, the military Governmentregularly interfered in the lives of its citizens, and if theauthorities desired to use a warrant in a particular searchcase, they often secured it from a military tribunal ratherthan a regular court. Human rights leaders reported thatsecurity agents regularly followed them and cut or tapped theirorganizations' telephones.</text>
</content>
<name>Nigeria </name>
<script></script>
</card>
card_52513.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: NIGER HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 NIGERNiger 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingPrison 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. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentDuring 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 ExileAlthough 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 TrialThe 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 CorrespondenceThe 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 ConflictsGovernment 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 PressThe 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 AssociationThe 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 ReligionThe 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 RepatriationThe 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 GovernmentCitizens 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 ofthe 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 RightsSeveral 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 StatusThe 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. WomenDespite 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. ChildrenAlthough 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 MinoritiesEthnic 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 DisabilitiesThe 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 AssociationThe 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 CollectivelyIn 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 LaborThe Labor Code prohibits forced or compulsory labor, except for legally prosecuted prisoners. There were no reports of violations. d. Minimum Age for Employment of ChildrenChild 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 WorkThe 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.</text>
</content>
<name>Niger </name>
<script></script>
</card>
card_52409.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: NICACARAGUA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and a freepress, and the Government in large measure respects theserights. Diverse viewpoints were freely and openly discussed inpublic discourse, in the privately owned print media, in thebroadcast media, and in academic circles.The news medium with the largest audience is radio, but pollsshow that television is the primary source of news,particularly in the cities. Listeners can receive a widevariety of political viewpoints, especially on Managua's45 radio stations. In 1994 there were no incidents of radiostations being attacked or subjected to incidents of sabotage,as occurred in previous years. There are seven televisionstations, five of which carry news programming with markedpolitical overtones. The remaining two stations carry no localnews. There is no official state censorship, nor isself-censorship practiced.As a consequence of the lack of complete civilian control overthe police, police harassment of journalists has continued. InJuly police attacked journalist Melba Sanchez as she coveredthe assault by ex-RN members on local government buildings inChinandega. The police beat her with fists and rifle butts anddestroyed her camera. Partly as a result of this action, therepresentatives of the two journalists' unions, the three mainhuman rights NGO's, the president of the National Assembly'shuman rights commission, and the chief of police signed acooperative agreement for the protection of the human rights ofjournalists on July 27. In an unprecedented move, theInspector General of Police disciplined the officer involved inthe Sanchez beating. The punishment of 15 days' confinement todesk duty, however, was widely regarded as too light to be aneffective deterrent.Freedom of the press is also potentially qualified by severalconstitutional provisions, one of which stipulates thatNicaraguans have a right to "accurate information," therebyproviding a legal basis by which the freedom to publishinformation the Government deems inaccurate could be abridged.Although the right to information cannot be subject tocensorship, there is retroactive liability established by law,defined as a "social responsibility," implying sanctionsagainst irresponsibility by the press. Finally, theConstitution provides that "the mass media are at the serviceof the national interests," implying that the Government maysuppress media activity it decides is not in the nationalinterest. There were no instances of the Government citingthese provisions to suppress the media, although in earlyOctober the Government closed down an independent news show ongovernment-owned Radio Nicaragua for 24 hours after itunfavorably reported a meeting of the Social Democratic Partyattended by Minister of the Presidency Antonio Lacayo. TheGovernment gave no justification for the closure, nor for thequick reopening under heavy press pressure.The Constitution recognizes, and the Government respects inpractice, academic freedom in higher education. b. Freedom of Peaceful Assembly and AssociationThe Constitution recognizes the right to peaceful assemblywithout prior permission. It also recognizes the right topublic assembly, demonstration, and mobilization "in conformitywith the law." Demonstrators must obtain permission for amarch after registering its planned size and location withpolice. The authorities routinely grant such permission.The Constitution provides for the right to organize oraffiliate with political parties, and opposition andindependent associations functioned freely without governmentinterference or restriction. Private associations do not havelegal status until they receive this designation from theNational Assembly, which it routinely confers. c. Freedom of ReligionThe Constitution provides for freedom of religion, and theGovernment respects this in practice. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution provides for the right to travel and resideanywhere in Nicaragua and to enter and exit the countryfreely. There are no government restrictions on movementwithin the country. The right of citizens to return toNicaragua is not specifically established in the Constitution,but, in practice, the Chamorro Government has not restrictedanyone's return. The Constitution provides for asylum, andpolitical refugees expelled from Nicaragua cannot be sent backto the country persecuting them. In 1994 there were no reportsof political violence against any returning Nicaraguan citizens.In 1993 the Government attempted to strip former Red Brigadeterrorist, Alessio Cassimirri, of his citizenship and to deporthim. Cassimirri has been accused in the 1978 murder of ItalianPrime Minister Aldo Moro. At year's end, the Supreme Court wasstill debating the case, which must decide whether theannulment of the citizenship which the Sandinista governmentgranted him in 1988 was legal.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens exercised their right peacefully to change theirgovernment 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. TheConstitution centers political power in the executive branch,which consists of the President, Vice President, and a Cabinetappointed by the President. The President is both Head ofState and Head of Government, as well as commander in chief ofthe defense and security forces. Currently the President isalso Minister of Defense, but this is not constitutionallymandated. The Vice President has no constitutionally mandatedduties or powers. Both are elected for 6-year terms by directpopular vote.The National Assembly exercises legislative power. Its membersalso serve 6-year terms. Ninety members are elected under aproportional representation system from nine departments orregions; defeated presidential candidates, of which there aretwo, also receive seats in the Assembly, provided they won acertain minimum percentage of votes in the previouspresidential election. In December 1993, the National Assemblyresumed operation following a 15-month period during which thewithdrawal of the UNO coalition, which had moved intoopposition to President Chamorro's Government, denied thelegislature a working quorum. Deputies from the FSLN, thecenter group (former UNO deputies who had defected to aprogovernment stance in mid-1992), and three parties which hadeither defected or been expelled from UNO joined to reactivatethe Assembly and consider a legislative agenda that includedconstitutional reform. Although the remaining UNO memberscontinued to insist that only a special constituent assemblyshould enact constitutional reform, the UNO deputies graduallyrejoined the Assembly in January. Later in the year, thecoalition espoused constitutional reform by the Assembly inwhich the UNO deputies participated.Local elections held in the two Atlantic Coast departments inFebruary were witnessed by over 150 international electionobservers and judged free and fair.An independent branch of government, the Supreme ElectoralCouncil, administers elections. All elections are by secretballot, with all citizens aged 16 and over having the right tovote. There are no restrictions in law or practice againstwomen, indigenous groups, or other minorities voting orparticipating in politics. A woman serves as President of theRepublic, and women hold a ministerial-level post and othersenior positions in government. Two members of the NationalAssembly are Miskitos; indigenous people are represented ingovernment at both the local and national levels.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsFour major local nongovernmental human rights organizationsoperate freely without government interference: the NicaraguanCenter for Human Rights, the Permanent Commission for HumanRights, the Nicaraguan Association for Human Rights, andCardinal Miguel Obando y Bravo's verification commission. Inaddition, CIAV, pursuant to its expanded mandate authorized bythe June 1993 OAS General Assembly, carries out human rightsrelated activities covering all those affected by theNicaraguan civil war, whatever their political affiliation.Human rights groups operated without impediment in Nicaragua.However, their reports of human rights abuses committed by EPSand police personnel to responsible officials of theseinstitutions or to concerned civilian authorities seldomelicited concrete responses. The Government took no actionregarding the unsolved March 1993 murder of CENIDH activistLeonel Gonzalez despite repeated requests from thatorganization to reopen the case.Since its establishment in September 1992, the TripartiteCommission has been the most effective mechanism for raisinghuman rights allegations to an official level and eliciting aresponse from government authorities. However, the Governmenthas implemented only three of the Commission's recommendations.On December 1, police lieutenant Julio Cesar Toledo threateneda CIAV official attempting to serve a judge's release order fora former resistance member being illegally detained in a Somotoprison. The day before, Lieutenant Javier Martinez and CaptainDenis 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 administrativereprimands.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution prohibits discrimination on the basis of"birth, nationality, political belief, race, gender, language,religion, opinion, national origin, economic condition, orsocial condition." WomenWhile there is no legal discrimination against women, theycontinued to suffer discrimination in the male-dominatedculture prevalent in much of society. Women occupy seniorpositions in government, the trade union movement, and socialorganizations, but are underrepresented in management positionsin the private sector. They are the majority of workers in thetraditionally low-paid educational, textile, and health servicesectors. A report the International Foundation for GlobalCompetitiveness published in August claimed that women workedon average 21 more hours per week than men, 77 hours to56 hours. Moreover, the report concluded, 41 percent of allhouseholds 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 thecountry, the Nicaraguan Social Security Institute (INSSBI)stated that "every 24 hours five women are sexually assaultedby strangers, five more by members of their own family." Thereport claimed that the majority of the assaults took place inthe countryside and in the poorer areas of the cities. CENIDHquoted police statistics for 1993 of 1,741 cases of assaultagainst women, of which 40 percent were crimes of rape.Because victims often were reluctant to publicize theircharges, it is likely that such abuse was significantlyunderreported.Local human rights groups reported that police sometimesintervene to prevent injury in cases of domestic violence butthat they rarely charge the perpetrators because they considerdomestic violence a "private" crime for which the victim, notthe State, should press charges. A victim wishing to prosecutemust first have an injury examined and registered by a forensicdoctor; women's groups complained of the scarcity andinaccessibility of female forensic doctors. Most domesticviolence cases thus go unreported, not only because of thedifficulty of prosecution but also for fear of spousalreprisal. Those cases that actually make it to court usuallyresult in a not guilty verdict due to judicial inexperiencewith and lack of legal training related to such violence.The Ixchen centers and the Luisa Amanda Association ofNicaraguan Women, a Sandinista mass organization, providedmedical and psychological counseling to women, as well as legaladvice in divorce cases and to victims of rape and otherviolence. In November these groups joined with some 20 otherNicaraguan NGO's dedicated to women's issues to create the"Women's Network Against Violence" to promote women's rightsand to pressure the Government to ratify the Inter-AmericanConvention for the Prevention, Punishment, and Eradication ofViolence Against Women, which Nicaragua signed on June 9, 1994.Judging from available statistics, women appear to have equalor better access to education than men. For example, netenrollment for girls in the primary grades is 79 percent,compared to 76 percent for boys. An the secondary level, it is33 percent for girls and 26 percent for boys. ChildrenChildren 15 years and younger make up 46 percent of Nicaragua'spopulation. The Government is publicly committed to children'shuman rights and welfare, but resources for programs forchildren are inadequate. The INSSBI estimated that it receivesfrom 5,000 to 6,000 cases of mistreatment annually for childrenunder the age of 10. The authorities conduct investigations ifa parent makes a formal complaint, but this rarely happens.Every year the media carry stories of dozens of childrenabandoned or killed by parents who are too poor or otherwiseunable to take care of them. Because of the economic situationof many families, thousands of children must work in the fieldsalongside their parents or in the streets as vendors or beggars. Indigenous PeopleThe indigenous people are concentrated in four major areas. Onthe 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 Governmentconsiders these peoples identifiable tribes.The Miskito tribe is the largest ethnic group in the NorthAtlantic Autonomous Region (the RAAN, one of two such regionscreated in 1987 from the former department of Zelaya). Theindigenous people of the RAAN (the Miskito and the Sumu) havetheir own political party, the Yatama, with strongrepresentation in regional and municipal councils. Indigenouspeople participate in government at both the local and nationallevels. However, in many instances, the Government makesdecisions at the national level without adequate departmentalor community consultation. Therefore, as in previous years,there were complaints that the authorities exclude theindigenous peoples of the Atlantic coast from meaningfulparticipation 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 withhuman rights for the inhabitants of the region and contends thecentral Government has granted business concessions in theautonomous regions without consulting the two relevant regionalgovernments. The 1987 autonomy law deals with the ethnicminorities of the Atlantic Coast. It pledges that indigenouspeople shall have the right to participate in the exploitationof the resources of the region. While the law stipulates thestructure of the Atlantic Coast governments, it does notoutline any specific mechanism or regulations the centralGovernment should employ to determine use of local resources. National/Racial/Ethnic MinoritiesMost Nicaraguans are of mixed mestizo background, and ethnicitydoes not appear to be a barrier to political or economicsuccess. Various indigenous groups from both the northern andthe southern Atlantic regions have criticized the Governmentfor its failure to expend resources in support of the Atlanticcoast population, which mainly comprises ethnic, racial, andreligious minorities (particularly, members of the Moravianchurch). Successive central governments in Managua havetraditionally neglected the minorities on the Atlantic coast.This has often taken the form of making decisions onexploitation of resources in the region without adequateconsultation. People with DisabilitiesThe Government has not legislated or otherwise mandatedaccessibility for the disabled. In August the FSLN'sOrganization of Handicapped Revolutionaries joined with theex-RN-based Institute of War Victims in petitioning the SocialSecurity Institute to provide aid to victims of Nicaragua'scivil war--some of whom have been waiting over 30 months forsuch help. The Social Security Institute says that it paysbenefits to some 30,000 victims of the civil war, includingpartly or totally handicapped victims, widows, orphans, andmothers of war victims, each of whom receives an average of$21 monthly. The Institute claims that those who protested inAugust either had verification cases pending or are ineligiblefor the benefits because they have outside employment or otherdisqualifications.Section 6 Worker Rights a. The Right of AssociationThe Constitution guarantees the right of workers to organizevoluntarily in unions. Legally, all public and private sectorworkers, except those in the military and the police, may formand join unions of their own choosing, and they exercise thisright extensively. New unions must register with the Ministryof Labor, which must grant legal status before they may engagein collective bargaining; some labor groups report occasionaldelays in obtaining this status. It is likely that in somecases, the Labor Ministry has deliberately interfered with thealready 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 associationsis grounds for dissolution of a trade union under the existingLabor Code; however, the Government does not enforce thisprovision. Many unions and federations are affiliated withpolitical parties, most notably with the FSLN, the NicaraguanSocialist Party, the Christian Democratic Union, and, until1992, the Nicaraguan Communist Party.The Constitution recognizes the right to strike. The LaborCode requires a 60-percent majority of all the workers in anenterprise to call a strike. It also restricts strikes inrural occupations where produce may be damaged. Workers maystrike legally only after they have exhausted other methods ofdispute resolution, including mediation by the Ministry ofLabor and compulsory arbitration. As a result, unions regardthese lengthy procedures as too expensive and time-consumingand frequently ignore them when initiating a strike; thispractice continued in 1994, with the majority of strikesdeclared illegal.The Labor Code prohibits retribution against strikers and unionleaders for legal strikes. However, this protection may notextend to illegal strikes. In June the Supreme Court voted touphold a 1993 government decision to fire 144 customs workers.The Court justified its decision in part by citing an unrelated1992 strike, in which the authorities claimed lives wereendangered when demonstrators blocked the runway of theinternational airport. Transportation strikes to protest highfuel prices occurred in January and August, with relativelylittle violence.The 1994 International Labor Organization's (ILO) Committee onFreedom of Association issued a report critical of theGovernment for various 1992 arrests of union officials withoutsufficient cause, who were later released without charge. TheILO's Committee of Experts (COE) noted that the draft text ofthe new Labor Code (which the National Assembly passed onDecember 22 but was not signed into law by year's end) did notremove restrictions on the right to strike of rural workers,grant the right to associate of public servants, or reduce thenumber of workers in an enterprise required to call a strike toa simple majority.Unions freely form or join federations or confederations andaffiliate with and participate in international bodies. b. The Right to Organize and Bargain CollectivelyThe Constitution provides for the right to bargaincollectively. The Chamorro Government's labor negotiationscontinued primarily to be ad hoc efforts to resolve pressinglabor conflicts, usually in the public sector. Despiteunfavorable economic conditions and unfamiliarity with thepractice, following 10 years of central planning, collectivebargaining is becoming more common in the private sector. In1994 the ILO's COE argued that the labor law provisionrequiring Ministry of Labor approval of collective agreementsviolates Convention 98 on the Right to Organize and CollectiveBargaining ratified by Nicaragua in 1967.During 1994 13 firms, employing some 5,000 workers, operated inthe single export processing zone. Although the zone's firmsreceive tax concessions, Nicaraguan law does not exempt themfrom compliance with any of its labor provisions. Nevertheless,of the 13 enterprises, only 1 (a state-owned firm) has aunion. Labor leaders and employers have provided conflictingaccounts as to why unions do not represent workers in the otherfirms. Labor leaders contend that employers have told workersthat they will be fired if they join a union. Free trade zoneofficials maintain that no union has received sufficientsupport from the workers to allow one to form and that theworkers already receive more than adequate benefits. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits forced or compulsory labor, andthere is no evidence that it is practiced. In 1991 theAssembly repealed the decree which empowered the police toimpose penalties involving compulsory labor, a movespecifically applauded in the ILO's 1994 COE report. d. Minimum Age for Employment of ChildrenThe Constitution prohibits child labor that may affect normalchildhood development or interfere with the obligatory schoolyear. Education is compulsory to age 12, and the law prohibitsemployment of children under the age of 14. Nevertheless,because of the prevailing economic conditions, more than100,000 children reportedly work up to 12 hours a day. Manyare employed on family farms. Many children aged 10 or olderwork for less than $1.00 per day on the same cotton farms,banana plantations, and coffee plantations where their parentsare employed. Many small children work in the busy streets ofManagua hawking merchandise, cleaning automobile windows, andbegging. Although the Ministry of Labor rarely enforces it,the child labor law is generally observed in the small modernsector of the economy. e. Acceptable Conditions of WorkOver the objections of the labor representatives, a commissionmade up of representatives from government, labor, and theprivate sector set sectoral minimum wages in mid-1991. Thelabor groups argued that the monthly minimum wage rates(ranging from $30 in the agricultural sector, through $39 forcentral government employees, to $65 in the banking sector)were inadequate, given the high cost of living. According to a1991 estimate by the Government's National Commission on theStandard of Living, the minimum wage did not provide a familyof four with the income to meet its basic needs. Enforcementof the minimum wage is lax, and some employers reportedly payless, particularly in the agricultural sector. However,Ministry of Labor surveys indicated that some 86 percent ofurban area workers earned more than the minimum wage.The Constitution establishes an 8-hour workday with weekly restand establishes the right to a safe and healthy workplace. Thestandard legal workweek is a maximum of 48 hours, with 1 day ofrest.The Ministry of Labor's Office of Occupational Health andSafety is responsible for verifying compliance with health andsafety standards. The Office lacks adequate staff to enforcethese extensive standards. The ILO's COE criticized theGovernment for the Ministry's failure to enforce standardsNicaragua has committed to implement regarding the threat ofoccupational cancer, including measures for special protectionfor workers at risk and periodic medical examinations of theseworkers during and after their exposure. Workers have nospecific right to remove themselves from dangerous worksituations without jeopardy to continued employment.</text>
</content>
<name> </name>
<script></script>
</card>
card_52128.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: NICACARAGUA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 NICARAGUANicaragua is a constitutional democracy, with a directlyelected President, Vice President, and a 92-member unicameralNational Assembly. President Violeta Barrios de Chamorro waselected in a free and fair election in 1990, defeating theincumbent Sandinista National Liberation Front (FSLN). She hasdelegated significant executive authority to her son-in-law,Presidency Minister Antonio Lacayo. The executive branchcoexists with an increasingly independent National Assembly,which has become the central forum for political debate. Withan unprecedented degree of cooperation among the FSLN, keyparties belonging to the National Opposition Union (UNO)coalition that had supported President Chamorro's election in1990, and several moderate parties, the Assembly passedsignificant legislation on labor, civil-military relations, andproperty compensation bonds, and is currently working onconstitutional reforms.The President, in her capacity as commander in chief andMinister of Defense, and the Ministry of Government are legallyresponsible for overseeing the Sandinista Popular Army (EPS)and the National Police, respectively. In practice, however,in the absence of a defense ministry, Nicaragua's securityforces continued to be led by senior officers who maintainedideological and political links to the FSLN and who operatedwith substantial institutional and legal autonomy.Nevertheless, civilian control over the National Police wasmore evident in 1994, particularly during two transportationstrikes. Moreover, on September 2, President Chamorro signedinto law a Military Code, passed by the National Assembly,which established institutional mechanisms intended tostrengthen civilian control of the security apparatus. The lawprovides for the retirement of current EPS Commander GeneralHumberto Ortega in February 1995, presidential appointment ofhis successor to a term limited to 5 years, civilian courtjurisdiction over common crimes committed by military andpolice personnel, prohibition of "political intelligenceactivities" by the EPS's Defense Intelligence Directorate(DID), and civilian oversight of the newly created militarysocial security system and of EPS-operated privateenterprises. By the end of 1994, it was not clear whether allof 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, theinflation rate was about 20 percent and real growthapproximately 3 percent in 1994; per capita annual income wasestimated at $410. Unemployment and underemployment totaledover 50 percent, while the investment climate remainedunsettled. Although the Government's fiscal deficit has beencut by 80 percent since 1990, Nicaragua remained heavilydependent on foreign aid.The security forces persisted in committing significant humanrights abuses, although they are declining in number. Murders,extrajudicial killings, torture, widespread mistreatment ofdetainees, and violence by paramilitary and criminal bands inrural areas were common. Since President Chamorro assumedoffice, the focus of international attention has been onsafeguarding the human rights of former members of theNicaraguan Resistance (RN) since most human rights observers,including the Sandinista human rights organization CENIDH,acknowledge that more ex-RN than FSLN members have beenhomicide victims. The Organization of American StatesInternational Support and Verification Commission (OAS/CIAV)estimates that 270 ex-RN were killed from June 1990 through1994. The conviction rate among killers of ex-RN is so lowthat a state of impunity for abuses committed against ex-RN canstill be said to exist.The Tripartite Commission, composed of the Government, theCatholic Church, and OAS/CIAV, has issued recommendations whichthe security forces continued to resist implementing in 1994.The Commission, whose meetings the Government convenes, met 18times during the year, a reduction from 48 meetings in 1993,and failed to produce any reports.A weak judiciary continued to hamper prosecution of humanrights abusers. An office of human rights within the AttorneyGeneral's office, created in 1992, remained unstaffed;discussions about creating a human rights ombudsman independentof the executive continued during the year. Violence againstwomen, including rape and domestic violence, continued to be aserious problem, with the Government taking little effectiveaction to counter it.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Extrajudicial KillingThe civil war formally concluded in June 1990 with thedemobilization of the Nicaraguan Resistance. However,politically motivated or connoted violence continued into 1994,as Nicaraguan society continued to be both politicallypolarized and heavily armed. The police, army, and Sandinistamilitants continued to kill demobilized RN combatants, but thenumber of such murders dropped from a monthly average of 6.1 in1990 to 4.0 in 1994. With the demobilization of the 380Northern Front (FN-380) in April and smaller bands of rearmedex-RN (recontras) in August, the situation in thetrouble-ridden north calmed somewhat. According to OAS/CIAV,the National Police or EPS killed 7 former combatants throughNovember 1994, unknown assailants killed 11, and rearmed EPSveterans (known as recompas) killed 3. However, it attributedthe majority--23 deaths--to other ex-RN members or recontras.The total of 44 deaths in 1994 brought to 270 the number ofex-RN members who died under violent circumstances since thebeginning of the Chamorro administration. OAS/CIAV andnational human rights group continued to report details ofthese human rights abuses to the Government and the media.To address the issue of ex-RN deaths, President Chamorroestablished the Tripartite Commission in late 1992. TheCommission, composed of the civilian Government, the CatholicChurch, and CIAV, issued three reports during 1993, coveringinvestigations of 88 deaths and including 120 recommendationsfor government followup action, ranging from arrest of knownperpetrators to investigations for obstruction of justice. Ofthese, the Commission has verified that the Government compliedfully with three of the recommendations in the first report.Consistent with an expanded mandate granted to CIAV by the June1993 OAS General Assembly, a fourth Commission report discusses33 additional cases of both Sandinista and ex-RN deaths, plusan evaluation of the compliance level of all the recommendationscontained in the 1993 reports. This report was expected to bereleased in late 1994 but was delayed into 1995. Senior EPSand police officials continued to impede the work of theCommission by their refusal to implement its recommendations orrespond to its requests for information. Only a handful ofofficials named in the first report, dated January 1993,received criminal or administrative sanctions. Although theEPS claimed that it had punished several soldiers named by theCommission's report as wrongdoers, by year's end the Commissionhad not received any confirming documentation to this effect.Of those perpetrators named by the Commission, CIAV laterlisted five who later committed additional human rightsabuses. They are police officers Johny Jose Rugama (cases 110and 113), Captain Benito Diaz Perez (case 149), and SantiagoIrias (mentioned in the special case of La Trinidad in thethird Tripartite Commission report) as well as Etnio ObregonRuiz of the EPS (case 61). In December the NicaraguanAssociation for Human Rights (ANPDH) released the names of fourpolice officials and three EPS officials who were involved infive separate human rights incidents. It said the militaryconvicted and sentenced them, but none is behind bars. Onesoldier, EPS Lieutenant Jose Antonio Barberena, had beensentenced once before for killing a fellow soldier. In neitherinstance has he served time in prison.Human rights groups such as CIAV and CENIDH have witnessedcontinued 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 thehomicides it investigated were committed by rearmed formerResistance members (recontras). The majority of the victimswere demobilized resistance members or their families who livedin the community. CENIDH reported that during the firstquarter of 1994, there were 3 homicides of FSLN members,bringing the total number of FSLN homicides from May 1990through March 1994 to 169. During the same period, CENIDHreported that 513 "ex-RN and recontras" were homicide victims.Due to the remoteness of many of the conflict zones, coupledwith popular fear of retribution or apparent frustration withthe inability to bring the perpetrators to justice, anundetermined number of other deaths are believed by someresistance members to go unreported.Other incidents of political and extrajudicial killing datingfrom 1990 remained unsolved. On March 21, a band of renegaderecontras led by Jose "Omar" Castro kidnaped Javier Barahona, aprominent local FSLN offical and ex-mayor of Wiwili in Juigalpadepartment. They seized Barahona from a public bus in broaddaylight and later tortured and murdered him, despitenegotiation efforts by both the church and CIAV to secureBarahona's release. At year's end, the authorities had notbrought Barahona's killers to justice. In November 1991, theGovernment dissolved the special presidential commissioncharged with investigating the February 16, 1991, assassinationof former RN commander Enrique Bermudez, claiming a lack ofevidence. A British investigative team found no new evidencein 1993, and the Government took no further action in the casein 1994.In June 1994 a military court declared EPS General HumbertoOrtega and his bodyguards innocent of organizing or covering upthe 1990 killing of high school student Jean Paul Genie, butdeclared the case still unresolved. This followed the December1993 decision of the Supreme Court to remand the case to themilitary courts. Several human rights groups criticized boththe Supreme Court's ruling, which rejected an appeal by RaymondGenie, the boy's father, to order the case tried in a civiliancourt, and the military court's acquittal. They cited numerousirregularities, including the nonadmissibility or disappearanceof certain key pieces of evidence, as well as the conflict ofinterest of one of the Supreme Court judges who, after hisretirement, acted as defense attorney for the bodyguards.Raymond Genie filed two appeals with the military court: Thecourt rejected an appeal regarding the June verdict, but inAugust it accepted the second, requesting the trial be sent tothe Supreme Court where the case currently awaits judgment. Atthe same time, the Inter-American Commission on Human Rightsreferred the Genie case to the Inter-American Court of HumanRights, which heard the case on November 18 on the issue ofdelay of justice and is expected to render a decision in thespring of 1995. The Government had argued that the Court couldnot rule on the murder itself, as it took place prior toNicaragua's acceptance of the Court's special jurisdiction.On March 10, the Leon appellate court reinstated the 20-yearprison sentence given to former EPS Lt. Colonel Frank Ibarra,leader of a pro-FSLN paramilitary group, Punitive Forces of theLeft (FPI), for the November 23, 1992 assassination of Dr.Arges Sequeira Manga, then director of the Association ofNicaraguan Confiscated Property Owners. The same courtoverturned an earlier ruling granting Ibarra immunity under anAugust 1993 amnesty. Ibarra's lawyer appealed the matter tothe Supreme Court, which had not ruled by year's end. Ibarraremained at large, and no apparent effort has been made tocapture him; the police at one point claimed there was nowarrant out for his arrest. The Government petitioned the Leonappellate court to obtain such a warrant, although it continuedto argue that Ibarra's conviction made this step superfluous.On March 12, the EPS publicly denounced the Leon court'sruling, claiming it would lead to instability regarding thosewho had received previous amnesties from the Government. b. DisappearanceThere were no reports of politically motivated disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Nicaraguan Association for Human Rights recorded 118 casesof inhuman and degrading treatment in 1994. In the majority ofthe cases, those accused of the abuses were the NationalPolice, who often held the victims for days, only to releasethem without formally charging them with any crime. There wereother credible reports during the year that the police beat andotherwise physically mistreated detainees, often to obtainconfessions.Three nongovernmental organizations (NGO's) worked together in1994 to improve prison conditions as a result of innumerablecomplaints regarding police brutality in prisons as well as inpolice holding cells. Following complaints of mistreatment inpolice detention cells, representatives from the NicaraguanCenter for Human Rights (CENIDH) visited the holding cell ofthe criminal investigation office and found the cells poorlyventilated due in part to solid metal doors and metal sheetingin the ceiling.In June the prison population was 2,900, of which more than 10percent were between ages 15 and 18, owing to the complete lackof juvenile detention facilities. The prisons had overcrowdedcells, medical attention was nonexistent, and there wasextensive malnutrition. Following accusations that prisonersreceived dietary intake of only 500 calories per day, theGovernment announced plans to increase the budget by $1million, allowing each prisoner an average of $0.91 per day forfood. Ministry of Government officials stated that they didnot have sufficient funds to improve the conditions of prisonsunder their jurisdiction. The office of civil inspection forprofessional responsibility of the Ministry of Government,established in 1991, is charged with monitoring prisonconditions. However, due to the unit's small budget and staff,it is able to investigate few complaints. d. Arbitrary Arrest, Detention, or ExileArbitrary arrest and detention by the police were common. ThePolice Functions Law establishes procedures for the arrest ofcriminal suspects, which require police to obtain a warrantfrom a police official prior to detaining a suspect. The lawrequires police to notify family members of a detainee'swhereabouts within 24 hours, but the police rarely comply.Detainees do not have the right to an attorney until they havebeen formally charged with a crime. Local human rights groupscriticized the law for providing inadequate judicial oversightof police arrests.The Constitution declares that all detained persons have theright to be brought before a judge within 72 hours, but theauthorities frequently ignored this in practice. Local humanrights groups reported that the authorities routinely detainedsuspects far beyond the limits established under theConstitution.The civil inspection unit also monitors police wrongdoing,including illegal detention. Through October 1994, the civilinspection unit received 360 complaints of abuse of power,illegal detention, and negligence. Victims filed 80 percent ofthe complaints against the police and the other 20 percentagainst prison guards, immigration officials, and otherenforcement authorities. No internal mechanism exists toverify what official actions, if any, the Ministry ofGovernment takes against these officials, once the unit submitsthe complaint to it. The location of the civil inspection unitin the Ministry building, which during the Sandinista era wasthe site of the feared Interior Ministry, is cited by membersof the unit as an intimidating factor for those seeking tolodge complaints of police or prison abuse.Although the Constitution provides access to legal counsel fordetainees after they have been charged with a crime, inpractice police do not act to protect this right. The ReformLaw of Penal Procedures provides for the release on bail ofpersons accused of certain crimes. Previously, the lawpermitted detainees to remain at liberty prior to trial onlyfor compelling personal reasons, such as ill health.ANPDH recorded 183 complaints of illegal detention through1994. Over half of the incidents of illegal detention occurredin the north central region of the country, most of which wereattributable to the National Police. CENIDH also criticizedthe 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 improvedpolice performance and responsiveness to the public, includingthe lack of professional training, low salaries, and inadequateresources, as well as the physical remoteness of judicialcenters that prevented relatives of prisoners from personallyinquiring into the status of ongoing cases.Exile is not practiced. e. Denial of Fair Public TrialThe judicial system, comprising both civilian and militarycourts, 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 thenominations of four Supreme Court replacements, giving thecourt a non-Sandinista majority for the first time sincePresident Chamorro took office. Nonetheless, the inability toobtain a working quorum hampered the work of the Supreme Court,in part due to internal divisions in the Court and in part dueto the Assembly's refusal to act on an executive branchnomination in May to fill a vacancy on the Court. Two of thenine seats on the Supreme Court remained vacant at the end ofthe year.The Ministry of Government and Attorney General's officeattempted several times during 1993 and 1994 to issue summonsesto former Sandinista Ministry of the Interior and ImmigrationService official Luis Guzman to testify in the Santa Rosa armscache investigation. The Sandinista judge in charge of thecase has repeatedly failed to meet legal deadlines forrendering a decision on whether or not the authorities shouldarrest Guzman for refusing to appear for questioning.Police authorities commonly refused to implement decisions oflower court judges with which the police disagreed. ManyNicaraguans who returned to the country following the 1990election after a decade in exile sued for the return of theirproperties confiscated under the Sandinista regime. In severalcases, after the presiding magistrate ordered the return of anillegally confiscated property to the original owner, thepolice refused to enforce eviction orders against occupants,who were frequently prominent members of the FSLN or securityforces. In the widely reported case of Jaime Solorzano, policerepeatedly refused to arrest the illegal occupants even afterthey fired on the judge who attempted to serve the evictionorder and wounded Mr. Solorzano's son. This case remainsunresolved. The Inter-American Commission on Human Rightsruled on February 1 that the Government had violated theAmerican Convention on Human Rights by refusing to returnproperties owned by the Marin family which the Governmentillegally seized in 1979. The Libyan-Nicaraguan FriendshipAssociation--an arm of the Libyan Government--currentlyoccupies 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 againstmembers of the armed forces or police. Military courts oftenfailed to investigate complaints or try cases against membersof the military brought under the old code. They frequentlyimposed only light sentences against soldiers, and militaryauthorities often failed to enforce them (see Section 1). Themilitary court's acquittal of General Ortega and his bodyguardsof the murder of Jean Paul Genie and the military's lack ofcompliance with the recommendations of the TripartiteCommission are cases in point. The new Military Code specifiesthat all common crimes committed by members of the militarywill be tried in civil court. By year's end, the authoritieshad begun processing three cases, two involving the police andone involving the EPS, under the new Code.In all criminal cases, the accused has the right to legalcounsel, and defendants are presumed innocent until provenguilty. Publicly funded attorneys to represent indigentdefendants do not exist. Obtaining justice is a slow,uncertain process, and the authorities regularly arrestedpersons and held them without bail for months before theyappeared in court. The CPDH estimated that nearly half of allthose incarcerated in the prison system had been awaiting trialfor between 6 months and 2 years.There were no known political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution establishes that all persons have the right toprivacy of their family and to the inviolability of their home,correspondence, and communications. It also requires warrantsfor searches of private homes and excludes from legalproceedings illegally seized letters, documents, and privatepapers. However, in April the police burst into the home ofthe Bishop of Leon looking for the driver of an illegallyparked truck. The driver and two workmen were deliveringmaterial to a nearby chapel and had sought refuge in theBishop's residence after being chased by the police. Thepolice entered the residence without a warrant, caught theworkmen, and beat them in front of the Bishop. The policelater released the three uncharged persons, and Vice Ministerof Government Frank Cesar personally visited and apologized tothe Bishop (the police also apologized). The Bishop made noformal complaint.Article 26 of the new Military Code prohibits the DefenseIntelligence Directorate from undertaking "politicalintelligence activities" and places it under the authority ofthe President as head of all armed forces. Despite the newlaw, several political parties have complained thatinfiltration by the DID into their groups has not ceased. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsIn several instances, police and the EPS used indiscriminate orunnecessary force, resulting in deaths or injuries tocivilians. Despite the efforts of local human rightsorganizations, the authorities took no action to disciplinesenior officials nor to punish those who committed the abuses.An EPS patrol wounded 11 persons on February 8 when itindiscriminately opened fire with machine guns and rocket-propelled grenades on the town of Tomayunca in the mistakenbelief that it harbored an armed recontra group. In fact, thegroup had passed through hours earlier. Both CPDH and ANPDHlater testified to the absence of combatants in the village.The EPS publicly acknowledged the attack and accused the patrolleader of "negligence" but took no further action.On May 2, some 300 police officers armed with clubs and gunsviolently evicted 450 families of squatters, many of whom wereformer members of the EPS and the RN, and destroyed theirmakeshift homes in an area known as "Villa Reconciliacion."The land was claimed by a cooperative represented by a formerSandinista official, Oscar Loza, accused of murdering twoprisoners during his tenure as operations chief of the FSLNsecurity service. Although the police maintained that theywere acting under official orders, the magistrate publiclystated that he had never issued an eviction order, and thepolice never produced any evidence that one existed.A group of EPS soldiers reportedly chasing a group of localbandits entered the village of Puerto Viejo on April 23 andclaimed that several men fired at them from the house ofPorfirio Rayo. Mrs. Rayo later said the army opened firewithout warning, killing a stranger and her husband, mortallywounding her 23-year-old son and injuring her two otherchildren. She denied any involvement of her family in criminalactivity; investigations by ANPDH, CIAV, and CPDH supportedMrs. Rayo's testimony. The authorities took no action toresolve this incident.</text>
</content>
<name>Nicaragua </name>
<script></script>
</card>
card_51911.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: NEW ZEALAND HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 NEW ZEALANDNew 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killing. b. DisappearanceThere were no reports of politically motivated disappearance. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentNew 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 ExileThe 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 TrialThe 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 CorrespondenceThe 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 personalprivacy 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 PressThe 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 AssociationThe law provides for the rights to peaceful assembly and association, and these are respected in practice. c. Freedom of ReligionNew 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 RepatriationThe 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 GovernmentThe 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 RightsLocal 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 StatusThe 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. WomenNationwide 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. ChildrenA 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 PeopleApproximately 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 DisabilitiesThe 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 AssociationNew 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 CollectivelyThe 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 wagedisputes 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 LaborThe 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 ChildrenDepartment 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 WorkThe law provides for a 40-hour workweek, with a minimum of3 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.</text>
</content>
<name>New Zealand </name>
<script></script>
</card>
card_51459.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: THE NETHERLANDS HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 THE NETHERLANDSThe 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 RIGHTSSection 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. DisappearanceThere were no reports of disappearance. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentTorture 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 ExileFreedom 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 TrialThe 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 CorrespondenceIn 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 PressA 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 AssociationFreedom 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 ReligionThere 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 RepatriationThere 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 GovernmentThe 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 RightsHuman 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 StatusThe 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. WomenThere 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. ChildrenThe 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 MinoritiesA 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 DisabilitiesGovernment-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 AssociationMembership 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 CollectivelyThe 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 LaborForced or compulsory labor is prohibited by the Constitution and does not occur. d. Minimum Age for Employment of ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Netherlands </name>
<script></script>
</card>
card_51319.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: NEPAL HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution specifies that the State shall notdiscriminate 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. WomenAlthough the Constitution strengthened provisions regardingwomen, including equal pay for equal work, the Government hasnot taken effective action to implement this provision. Womenhave benefited from various changes in marriage and inheritancelaws. In 1994 the Supreme Court struck down asunconstitutional provisions of the Citizenship Law thatdiscriminated against foreign spouses of Nepalese women.However, many laws remain discriminatory. The law grants womenthe right to divorce--but on narrower grounds than thoseapplicable to men. The Law on Property Rights also favors menin a number of ways, including the division of family property,inheritance, and land tenancy.Women face discrimination, particularly in rural areas, wherereligious and cultural tradition, lack of education, andignorance of the law remain severe impediments to theirexercise of basic rights, such as the right to vote or holdproperty in their own names.According to the 1991 census, the literacy rate among femalesis 26 percent, compared with 57 percent among males. Humanrights groups report that girls attend secondary schools at arate half that of boys.Women's rights groups report that wife beating is common.Little public attention is given to violence against women inthe home and the Government made no special efforts to combatit.Trafficking in women is a deeply ingrained social problem inseveral of the poorest areas. Estimates of the number ofNepalese girls and women working as prostitutes in India rangebetween 150,000 to 200,000, although prostitution in theKathmandu Valley is also a problem. A children's human rightsgroup states that 20 percent of the prostitutes are youngerthan 16 years old. Women and girls are usually coerced intoprostitution, but the extent of coercion is difficult todetermine. Newspapers occasionally report the arrest of thoseattempting to abduct young women or dupe them into going toIndia. Economic incentives entice many other women. In manycases, parents or relatives sell women and young girls intosexual slavery. Among the Badini and Devaki of western Nepal,religious prostitution is a continuing problem.The Government prosecutes some cases of coercive traffickingbut takes few measures to stop it. The spread of the acquiredImmunodeficiency syndrome (AIDS) in India's red-light districtshas discouraged the Government from promoting the return andrehabilitation of Nepalese prostitutes.Government efforts focus more on preventing voluntaryprostitution than on rehabilitation or prevention of coercivetrafficking. The Ministry of Labor and Social Welfare sponsorsjob and skill training programs in several poor districts knownfor sending prostitutes to India. Several NGO's have similarprograms.There is a growing number of women's advocacy groups, andnearly all political parties have their own women's groups.Female Members of Parliament have begun working for the passageof tougher laws for crimes of sexual assault, but have hadlittle success so far. ChildrenThe Child Act of 1992 provides legal protection for children inthe workplace and in criminal proceedings. Although it callsfor the establishment of child welfare committees andorphanages, few such facilities have been established. TheLabor Act of 1992 prohibits employment of minors under 14 yearsof age, but employees widely ignored the law.Children under the age of 16 work in all sectors of theeconomy. Children's rights groups estimate that up to half ofNepal's children are engaged in income-generating activities.At the beginning of 1994, child labor in the carpet industrywas prevalent, but the problem lessened by year's end.Government officials and carpet manufacturers concerned aboutnegative publicity moved to eliminate child labor and somefactories are establishing schools to retrain child laborers(see Section 6.d.).Prostitution and trafficking in young girls are seriousproblems (see Section 5.).Approximately 80 innocent children under the age of 12 areincarcerated with their parents because the Government has notestablished juvenile homes (see Section l.c.). National/Racial/Ethnic MinoritiesNepal has over 75 ethnic groups speaking 50 languages. TheConstitution provides that each community "shall have the rightto preserve and promote its language, script, and culture." Itfurther specifies that each community has the right to operateschools up to the primary level in its mother tongue.Discrimination against lower castes is especially common in therural areas of western Nepal. Although the public shunning of"untouchables" has been outlawed, an exception was retained fortraditional practices at Hindu religious sites. Economic,social, and educational advancement tend to be a function ofhistorical patterns, geographical location, and caste. Thespread of education and higher levels of prosperity, especiallyin the Kathmandu valley, are slowly reducing caste distinctionsand 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 andmilitary positions, the representation of other castes andethnic groups is slowly increasing.The Government has moved slowly in establishing programs forethnic minorities and has not enacted any legislation tosafeguard their rights. Most government officials are Brahmin,Chhetri, or Newar. Other groups or castes not in the governingelite are unable to participate fully in decisions affectingtheir lands, cultures, traditions, and the allocation ofnatural resources in their territories.In remote areas, school lessons and national radiotransmissions are often conducted in the local language.However, in areas with nearby municipalities, education atprimary, secondary, and university levels is conducted almostexclusively in Nepali. Human rights groups report that thelanguages of the small Kusunda, Dura, and Meche communities arenearly extinct, and that non-Hindu peoples are losing theirculture. People with DisabilitiesThere are no government programs specifically designed to dealwith the problems faced by disabled persons, nor haslegislation been enacted to mandate accessibility to publicbuildings or to employment, education, and other stateservices. Persons who are physically disabled normally rely onfamily members to assist them.Section 6 Worker Rights a. The Right of AssociationThe Constitution provides for the freedom to establish and joinunions and associations. It permits restrictions of unionsonly in cases of subversion, sedition, or similar conditions.Following the beginning of the political transformation in1990, trade unions are still developing their adminstrativestructures to organize workers, bargain collectively, andconduct worker education programs. Although trade unions wereinitially associated with political parties, they are becomingincreasingly independent.Union participation in the formal sector is significant, butthis sector employs a very small portion of the labor force.In 1992 the Parliament passed the Labor Act and the Trade UnionAct and formulated enabling regulations. However, the lawshave not yet been fully implemented. The Trade Union Actestablishes the procedures for establishing trade unions,associations, and federations. It also protects unions andofficials from lawsuits arising from any actions taken in thedischarge of union duties, including collective bargaining.The law permits strikes, except by employees in "essentialservices" such as water supply, electricity, andtelecommunications. The Government is empowered to halt astrike or suspend a union's activities if the union disturbsthe peace or adversely affects the nation's economicinterests. Under the Labor Act, a legal strike must beapproved by 60 percent of a union's membership in a vote bysecret ballot. However, several illegal strikes took place in1994, especially to protest retrenchment in public enterprisesunder the Government's administrative reform program. Mostreceived little publicity and were ineffective.Even though implementing legislation is not yet in place, someunions are moving ahead quickly. The Nepal Trade UnionCongress, a national federation representing nearly 200,000members, held its first national convention in February.The Government does not restrict unions from joininginternational labor bodies. Several trade federations andunion organizations maintain a variety of internationalaffiliations. b. The Right to Organize and Bargain CollectivelyThe Labor Act provides for collective bargaining. Although theorganizational structures (e.g., labor courts) to implement theAct's provisions have not been established, collectivebargaining has been the primary mechanism for setting wagessince April 1990. An estimated 20 percent of wage earners inthe organized sector are covered by agreements.Other than the Trade Union Act, there are no legal provisionsprohibiting discrimination against union members or organizersby employers. There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits traffic in human beings, slavery,serfdom, or forced labor in any form. The Department of Laborenforces laws against forced labor in the small formal sectorbut is unable to enforce the law outside that sector.Large numbers of women are forced to work against their willsas prostitutes (see Section 5). Bonded labor is a continuingproblem, especially in agricultural work. Bonded laborers areusually members of lower castes. Over 25,000 ethnic Tharufamilies are estimated to be under the "Kamaiya" or bondedlabor system in the Terai region. The Government has not yetenacted legislation or taken other significant steps to addressthe problem. d. Minimum Age for Employment of ChildrenThe Constitution stipulates that children shall not be employedin factories, mines, or similar hazardous places. The lawestablishes a minimum age for employment of minors at 16 inindustry and 14 in agriculture. Children between the ages of14 and 16 are limited to a 36-hour workweek. Despite the law,child workers are found in all sectors of the economy (seeSection 5).Up to half of Nepal's children are engaged in income generatingactivities, mostly in agriculture. At the beginning of 1994,children constituted as much as one-third of the workers in theexport-oriented carpet industry. This figure dropped to about5 percent at year's end after negative publicity prompted theGovernment and manufacturers to move to eliminate child laborin carpet factories. The Government is working with the carpetindustry to establish a certification for carpets made withoutchild labor.The Department of Labor's enforcement record is improving. Inthe urban formal sector, it has had some success in enforcinglaws relating to permanency, minimum wage, and holidays.Government inspectors are also increasing their monitoring ofthe abuse of child labor in carpet factories. e. Acceptable Conditions of WorkThe Labor Act sets a minimum monthly wage of $23 (1,150 rupees)in factories and in the organized labor sector. This wage issufficient only for the most minimal standard of living. Ratesin the unorganized service sector and in agriculture are oftenas much as 50 percent lower. The International LaborOrganization has noted that the Government has undertaken aneffort to ensure that female workers receive equal pay forequal work.The Labor Act calls for a 48-hour workweek, with 1 day off perweek, and limits overtime to 20 hours per week. Health andsafety standards, and other benefits such as a provident fundand maternity benefits, are also established in the Act.Implementation of the new Labor Act has been slow, as theGovernment has not created the necessary regulatory oradministrative structures to enforce its provisions. Workersdo not have the right remove themselves from dangerous worksituations. Although labor officers are authorized to orderemployers to rectify unsafe conditions, enforcement of safetystandards has been minimal. </text>
</content>
<name> </name>
<script></script>
</card>
card_51017.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: NEPAL HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 NEPALNepal is a constitutional monarchy with a parliamentary form ofgovernment. In 1990 the King, formerly an absolute monarch,legalized political parties and an interim governmentpromulgated a new Constitution. The King retains importantresidual powers but has dissociated himself from the day-to-dayexcercise of governing. The democratically elected Parliamentconsists of the House of Representatives and the NationalCouncil. A parliamentary election was held on November 15.Observers considered it free and fair. The election resultedin a victory for the United Marxist and Leninist party (UML),which formed a new government.The national police force maintains internal security, assistedas necessary by the Royal Nepalese Army. Local officials havewide discretion in maintaining law and order. A positivedevelopment was police exercise of considerable restraint inhandling violent political demonstrations. However, policemistreatment of criminal suspects continued.Nepal is an extremely poor country, with an annual per capitagross domestic product estimated at around $210. Over 80percent of its 20 million people support themselves bysubsistence 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 agreater role for the private sector.Since the beginning of political reform in 1990, Nepal hasprogressed in its transition to a more open society withgreater respect for human rights. However, problems remain.Police continue to torture detainees. The Government'sunwillingness to investigate allegations of police brutality ortake actions against those involved remaines a seriousconcern. The Govenment continues to impose some restrictionson freedom of expression, and trafficking in women and childlabor remain serious problems. Women and the lower castes alsosuffer widespread discrimination.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingIn January an angry crowd attacked police after a policesubinspector poured boiling water on a woman shopkeeper inJhapa. The police fired on the crowd, killing 1 person andwounding 30. The authorities later suspended the subinspectorbut took no other actions against him or other officers.The Government refused to investigate police officersresponsible for the 1993 killing of more than two dozen personsin leftist-inspired political demonstrations and strikes.However, the Government has compensated the families of some ofthe victims.Killings by political groups increased during and after theNovember 15 general elections. In September several members ofthe radical leftist United People's Front killed a NepaliCongress Party (NCP) worker on his way to a party meeting inRukum District. On October 27, unknown assailants killed anNCP worker in Dang District. One week later, eyewitnessesclaim that senior NCP workers were among those who shot deadthree Communist Party workers marching in a procession towardthe NCP's office in Dang District. An NCP worker was shot deadon November 5 in Ilam District; the authorities arrested eightmembers of the National Democratic Party for the killing.According to unconfirmed reports, the police killed two membersof the radical United Peoples Front on November 27, after theyfired on the police officers in Rolpa District.Reported political killings continued after the election. InDecember the NCP reported that six of its workers were killedin political violence after the formation of the new Government. b. DisappearanceIn June police removed from a Kathmandu hospital a student on ahunger fast in protest over government inaction on pollution;the student has not been seen since. In October the SupremeCourt issued a writ of habeas corpus, but the police maintainedthat they were not holding the student. The case remainsunsolved. The case of a student activist taken into custody bypolice in June 1993 also remains unsolved, despite an ongoinginquiry by the Supreme Court.The Government continues to refuse to publish the report of theDisappearances Commission, a body established to investigateall disappearances in the period from December 1960 to thebeginning of the political transformation in 1990. Humanrights monitors remain skeptical of the Government's claim thatthe report's findings do not warrant governmental action. Theyexpress concern that persons responsible for disappearancesremain in positions of authority. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough the Constitution prohibits torture, the law does notdefine torture as a criminal offense. The police commonly usephysical abuse to punish suspects or extract confessions. TheGovernment failed to conduct thorough and independentinvestigations of reports of police brutality, nor did it takesignificant disciplinary action against officers involved. TheConstitution provides for compensation for victims, but acompensation bill introduced in Parliament in 1993 remains incommittee.Charges of cruel treatment by police continued in 1994. Duringperiods of political unrest in the spring and summer, thepolice reportedly abused several persons arrested atleftist-sponsored political protests. However, there wereseveral clear incidents of torture. Police in Patanheadquarters kicked and beat on the soles of the feet aforeigner arrested in January for drug trafficking. Severalpolicemen held a stick across his thighs and jumped on itrepeatedly, causing temporary paralysis. Police denied thatany such abuse occurred, but a doctor examined the man andjudged that his allegations were credible.In January a group of policemen beat the hand and leg joints ofa man from Bara who filed a complaint against a police officerwho allegedly had had an affair with the man's mother. Inresponse, an angry crowd gathered outside the station. Thepolice opened fire and wounded six persons. The authoritiestransferred the police officer involved in the affair but tookno other action.In October the authorities arrested a man in Ilam District andcharged him with illegally cutting wood. To extract aconfession, forest guards reportedly beat the man, insertedpins under his fingernails, and beat the soles of his feet.The man was released from custody after a court found him notguilty.The authorities continued to harass Tibetan asylum seekers whotried to cross the border from China. In February securityforces badly beat a Tibetan apprehended crossing the bordernear Kodari. Approximately a dozen soldiers repeatedly kickedthe man in the face and beat him with rifle butts, whichresulted in temporary blindness and the loss of several teeth(see Section 2.d.).Political groups also engaged in physical abuse. Shopkeepersand bus drivers were stoned and beaten by members of leftistopposition parties after they refused to honor nationwidestrikes.Overcrowding is common in prisons and authorities sometimeshandcuff or fetter detainees. Women are incarceratedseparately from men, in equally poor conditions. TheGovernment has not implemented a provision in the 1992Children's Act calling for the establishment of a juvenile homeand juvenile court. Consequently, children are sometimesincarcerated with adults--either as criminals or with anincarcerated parent. In May the Jail Management Departmentreported that 83 children below the age of 12 years were inprison.There has been improvement in prison conditions. Theauthorities are more likely to transfer sick prisoners tohospitals than they were in the past. However, because of theinadequacy of medical facilities in the country, theauthorities often place the mentally ill in jails underinhumane conditions. d. Arbitrary Arrest, Detention, or ExileThe Constitution provides that a suspect must be arraigned orreleased within 24 hours of arrest, but the police oftenviolate this provision. Under the Public Offenses Act of 1970,the police must obtain warrants for an arrest unless a personis caught in the act of committing a crime. For many offenses,the case must be filed in court within 7 days of arrest. Ifthe court upholds detention, the police are authorized up to 25days, with a possible 7-day extension, to complete theirinvestigation. The Supreme Court on occasion has ordered therelease of detainees held longer than 24 hours without a courtappearance.Detainees do not have the legal right to be visited by familymembers and are permitted access to lawyers only after theauthorities file charges. Instead, the granting of access ishaphazard and varies from prison to prison. There is a systemof bail, but bail is too expensive for most citizens.Under the Public Security Act, the authorities may detainpersons who allegedly threaten domestic security andtranquility, amicable relations with other states, andrelations between citizens of different classes or religions.Persons detained under the Act are considered in preventivedetention and are not brought to trial. In 1994 theauthorities used the Act primarily to detain groups of youthsand mob leaders in advance of scheduled demonstrations. Theyreleased most detainees within 48 hours.Human rights groups report that supporters of the leftistparties are sometimes arrested and detained arbitrarily andsubjected to unwarranted criminal investigations because oftheir political affiliation.Under the 1991 amendments to the Public Security Act, thepolice are authorized to extend periods of detention aftersubmitting written notices to the Home Ministry. The districtcourt must be notified of a detention within 24 hours and mayorder an additional 6 months of detention before officialcharges must be filed.Other laws, including the Public Offenses Act, permit arbitrarydetention. This Act and its many amendments cover such crimesas disturbing the peace, vandalism, rioting, and fighting.Under this Act, the Government detained hundreds of civilservants during a 55-day antigovernment strike in 1991. Humanrights monitors express concern that the Act vests too muchdiscretionary power in the Chief District Officer (CDO), thehighest ranking civil servant in each of the 75 districts.Under the Act, he is authorized to order detentions, issuesearch warrants, and specify fines and other punishments formisdemeanors without judicial review. Detainees may appeal thedecisions of the CDO's.The Constitution prohibits exile, and it is not practiced. e. Denial of Fair Public TrialThe judicial system consists of three levels: district courts,appellate courts, and the Supreme Court. The King appoints thejudges on recommendations from the Judicial Council, aconstitutional body chaired by the Chief Justice. The Councilis also responsible for the assignments of judges, disciplinaryaction, and other administrative matters.The Constitution provides for the right to counsel, protectionfrom 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 toappeal. The Supreme Court is the court of last appeal, but theKing may grant pardons or suspend, commute, or remit anysentence.The Supreme Court has increasingly demonstrated itsindependence. It has ruled that important provisions in the1992 Labor Act and the 1991 Nepal Citizenship Act areunconstitutional. Appellate and district courts have becomeincreasingly independent, although they sometimes bend topolitical pressure.Military courts adjudicate cases concerning military personnelwho are immune from prosecution in civilian courts. In 1992the Supreme Court ruled that civilians may no longer be triedin military courts for crimes involving the military.The authorities may prosecute terrorism or treason cases underthe Treason Act. Such trials are closed and are heard byspecially constituted tribunals. However, there were no suchtrials in 1994.There is no credible evidence that the Government holdspolitical prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Government generally respects the privacy of the home andfamily. Search warrants are required before search andseizure, except in cases involving suspected security andnarcotics violations. Under the Police Act of 1955, asamended, the police are authorized to issue warrants for searchand seizure. Such warrants must be approved within 24 hours bythe Chief District Officer in misdemeanor cases and courtjudges in felony cases.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution specifies that all citizens shall have freedomof thought and expression, and that no news article or anyother reading material shall be censored. Nevertheless, theConstitution prohibits speech and writings that would threatenthe sovereignty and integrity of the Kingdom; disturb theharmonious relations among people of different castes orcommunities; promote sedition, defamation, contempt of court,or instigation to commit crime; or contradict decent publicbehavior or morality.The Press and Publications Act provides for the licensing ofpublications and the granting of credentials to journalists.The Act includes penalties for violating these requirements.The Act also prohibits publication of material that, interalia, promotes disrespect toward the King or royal family orundermines the dignity of the King, the integrity andsovereignty of the Kingdom, and security, peace, and order;creates animosity among the different castes amd religions; oradversely affects the good conduct or morality of the public.In 1992 the Government issued regulations amending the Actwhich established requirements for education and workexperience to hold particular jobs in journalism. Theregulations also provide a basis for banning foreignpublications.There are scores, if not hundreds, of independent newspapersrepresenting points of view across the political spectrum. Thetwo dailies with the largest circulation are governmentsponsored. Their editors generally reflect government policy,but they occasionally publish articles critical of theGovernment and recommend alternative policies. The Ministry ofCommunication occasionally provides editors with guidance. TheGovernment subsidizes newsprint materials to allowun-profitable papers to stay in business.The Government owns and controls the sole radio and televisionstations. Programming currently reflects a broader range ofinterests and political viewpoints than before the beginning ofthe political transformation in 1990, but still closely followsthe government line. The Government does not restrict accessto foreign radio broadcasts or to the purchase of televisionsatellite dishes. The Broadcast Act of 1993 allows privateparties to broadcast television and FM radio. No private FMradio license was granted in 1994 although an application hasbeen pending for months. Two private television cable servicesbegan operations in Kathmandu in 1994, carrying foreignentertainment programs only.The Government limits academic freedom to the same parametersas the media. No overt efforts to enforce these limitationswere reported in 1994. b. Freedom of Peaceful Assembly and AssociationAlthough the Constitution provides for freedom of assembly,this right may be restricted by law on such vague grounds asundermining the sovereignty and integrity of the State ordisturbing law and order. There were no reports of arrests ordetentions for exercising these freedoms in 1994. However,hundreds of persons were arrested before and during violentstrikes and demonstrations organized by leftist parties.Protest leaders from radical leftist groups were placed inpreventive detention before scheduled demonstrations on anumber of occasions. Most were released after thedemonstrations finished. c. Freedom of ReligionThe majority of citizens are Hindu. The Constitution describesNepal as a Hindu kingdom, although it does not establishHinduism as the state religion. The Constitution permits thepractice of all religions and prohibits discrimination on thebasis of caste except for traditional religious practices atHindu temples. The Government has not interfered with thepractice of other religions. There is concern amongnon-Hindus, however, that a constitutional prohibition againstconverting another person could be used to limit expression ofreligious beliefs. The authorities arrested 11 Christians inIlam District in October for proselytizing near the entrance ofa Hindu temple and blocking public access. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution provides for freedom of movement andresidence, and the Government generally does not restricttravel abroad. However, the Government restricts travel tosome areas on the Chinese border to foreign tourists andforeign residents, such as Tibetan refugees. The Governmentallows citizens abroad to return home and is not known torevoke citizenship for political reasons.The Government has no official refugee policy and is not partyto the 1967 Protocol Relating to the Status of Refugees.However, in the past, the Government accepted and assimilatedapproximately 18,000 Tibetan refugees who still reside inNepal. In the mid-1970's, the Government ceased issuingidentification cards to over 12,000 Tibetan residents. They donot have legal proof that they live in Nepal. Some of theseundocumented residents who wished to travel abroad in 1994faced difficulties from authorities.The United Nations High Commissioner for Refugees (UNHCR) hasmaintained an office in Kathmandu since 1989. The Governmentaids UNHCR's efforts by facilitating access to refugees fromboth China and Bhutan.The Governments of Nepal and China tightened movement acrosstheir border in 1986, but both sides observe such restrictionshaphazardly. The authorities continued to harass Tibetanasylum seekers who tried to cross the border with China. Insome cases, border officials demand bribes from would-berefugees (see Section 1.c.). In some instances fighting hasoccurred between would-be refugees and the police.In August the police fired on a group of 10 Tibetans whocrossed the border in the Humla District, injuring 3 persons.One man was wounded by gunfire below the knee and his leg waslater amputated. The police claim that they were forced toopen fire after the Tibetans attacked them and grabbed theirweapons in an attempt to escape The Tibetans claim that thepolice attempted to rob them.As in previous years, the Government continued to use force torepatriate Tibetans to China against their will. Reliableinformation is unobtainable, but some reports suggest theproblem increased in 1994.Ethnic Nepalese fleeing Bhutan continued to arrive in 1994 (seethe report on Bhutan). At year's end, the camps insoutheastern Nepal housed 86,000 refugees, with another 15,000to 20,000 residing outside the camps. These residentsrepresent over one-sixth of Bhutan's estimated populationbefore the exodus.The UNHCR monitors the condition of the Bhutanese refugees andprovides assistance for their basic needs. The Governmentaccepts the refugee presence on humanitarian grounds but isable to offer little more than a place to stay. Livingconditions in the camps have improved dramatically since 1992.Adequate clean water is available and health, sanitation, andnutrition standards are acceptable. Conditions are actuallysomewhat better than those found in nearby areas. Consequentlyviolence has sometimes broken out between camp residents andthe local population. Relief organizations working in thecamps sometimes distribute token relief supplies to localcommunities to defuse the situation.In 1993 the Governments of Nepal and Bhutan formed a jointcommittee to resolve the refugee problem and to determinedifferent categories of refugees in preparation for theirfuture repatriation to Bhutan. However, four rounds of talkshave led to little concrete progress.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentAfter a parliamentary defeat in July, the Prime Ministerrequested the dissolution of Parliament and called for newelections. The second parliamentary election in three decadeswas held on November 15. Citizens exercised their right tochange their government by voting out the NCP and returning theUML party to power. Although there were some irregularities,observers concluded that overall the elections were free andfair. The UML won 88 seats, the NCP 83, the NationalDemocratic Party 20, the Nepali Workers and Peasants Party 4,and Sadbhavana Party 3, and independents 7. The King invitedthe UML to form a new government in November.The people, through their elected representatives, have theright to amend the Constitution with the exception of certainbasic principles which they may not changed--sovereignty vestedin the people, the multiparty system, fundamental rights, andthe constitutional monarchy.Parliamentary elections are scheduled every 5 years. Midtermelections may be called if the ruling party loses its majority,or loses a vote of no confidence, or if it calls forelections. Suffrage is universal to all citizens of age 18 andover.The House of Representatives, the lower house, may sendlegislation directly to the King by a 50-percent vote. Theupper house, or the National Council, may amend or reject lowerhouse legislation--although it may introduce legislation andsend it to the lower house for consideration.The King exercises certain powers with the advice and consentof the Council of Ministers. These powers include exclusiveauthority to enact, amend, and repeal laws relating tosuccession to the throne. The King's income and property aretax-exempt and inviolable, and no question may be raised in anycourt about any act performed by the King. The Constitutionalso permits the King to exercise emergency powers in the eventof war, external aggression, armed revolt, or extreme economicdepression. In such an emergency, the King may suspend withoutjudicial review many basic freedoms including the freedoms ofexpression and assembly, freedom from censorship, and freedomfrom preventive detention. However, he may not suspend theright to form associations and of habeas corpus. The King'sdeclaration of a state of emergency must be approved by atwo-thirds majority of the lower house of Parliament. If thelower house is not in session, the upper house exercises thispower. A state of emergency may be maintained for up to 3months without legislative approval and up to 6 months,renewable only once for an additional 6 months, if legislativeapproval is granted.The Constitution bars the registration and participation inelections of any political party based on "religion, community,caste, tribe or region," or that does not operate openly anddemocratically.There are no specific laws that restrict indigenous peoples,women, or minorities from participating in the Government orpolitical parties, but lingering conservative traditions limitthe influence of women and some castes and tribes in thepolitical process. The Constitution requires that eachregistered party must nominate at least 5 percent of itscandidates for the House of Representatives. Women constituted5 percent of party candidates in the November election. Sevenof 250 Members of Parliament are women.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere are a dozen nongovernmental human rights organizations,including the Human Rights Organization of Nepal (HURON) andthe Informal Sector Services Center (INSEC). The Nepal LawSociety also monitors human rights problems, and a number ofsingle-issue nongovernmental organizations (NGO's) focus onspecific problem areas such as torture, child labor, women'srights, or ethnic minorities.The police regularly lend vehicles to human rights monitors toobserve political demonstrations. However, human rightsorganizations contend that at times the Government interfereswith their operations. For example, in May governmentpersonnel entered and inspected the offices of the Kathmanduchapter of Amnesty International. The authorities claimed thatthey carried out a survey of the office in accordance withadministrative norms, but several human rights groupsmaintained that a warrant was required for such a survey andorganized a protest march.</text>
</content>
<name>Nepal </name>
<script></script>
</card>
card_50933.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: NAURU HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 NAURUThe 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of political disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution prohibits these practices, and this prohibition is respected. d. Arbitrary Arrest, Detention, or ExileThe 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 TrialNauru 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 CorrespondenceThe 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 PressThe 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 AssociationThe 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 ReligionThe constitutional protection of freedom of religion is observed in practice. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationNauruans 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 GovernmentCitizens 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 RightsThere 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 WomenThe 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. ChildrenChild 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 MinoritiesForeign 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 DisabilitiesThere 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 AssociationThe 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 CollectivelyWhile 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 LaborThe Constitution forbids forced or compulsory labor, and there have been no instances of either. d. Minimum Age for Employment of ChildrenEducation 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 WorkMinimum 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.</text>
</content>
<name>Nauru </name>
<script></script>
</card>
card_50681.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: NAMIBIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 NAMIBIANamibia 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere 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 PunishmentThe 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 ExileThe 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe 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 ReligionThere 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 RepatriationThe 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 GovernmentCitizens 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 RightsLocal 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 StatusThe Constitution prohibits discrimination based on race, creed, gender, or religion, and specifically prohibits "the practice and ideology of apartheid." WomenDespite 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. ChildrenChildren'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 PeopleThe 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 MinoritiesThe 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 DisabilitiesThere 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 AssociationThe 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 CollectivelyThe 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 LaborForced 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 ChildrenUnder 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 WorkThere 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.</text>
</content>
<name>Namibia </name>
<script></script>
</card>
card_50233.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MOZAMBIQUE HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentDuring 1994 the President, the FRELIMO leadership, and theCouncil of Ministers continued to control policymaking and toinfluence implementation of the Rome Peace Accords. The 1992Accords established a timetable for elections and anindependent monitoring system to ensure their fairness. OnOctober 27-29, Mozambicans freely exercised for the first timetheir right to vote in multiparty elections. PresidentChissano and FRELIMO won the presidential and legislativeelections, gaining 53 percent of the presidential vote and 129seats in the 250-seat National Assembly. RENAMO defeatedFRELIMO in 5 of the country's 10 provinces, including in the2 most populous provinces, Zambezia and Nampula. Dhlakama took33.7 percent of the vote, and RENAMO won 112 legislativeseats. A third party coalition, the Democratic Union, won theremaining 9 seats. While RENAMO charged that the Governmenthad engaged in ballot-rigging, Dhlakama accepted the outcome,and the U.N. and other observers declared the election resultsfree and fair.While there are no legal restrictions hindering women'sinvolvement in the political process, cultural factors haveinhibited women's participation and advancement. At year'send, there was one female minister (for Coordination and SocialAction) and four female vice ministers in the Government. The21-member National Elections Commission included 2 women tooversee the elections. Of the 250 newly elected NationalAssembly deputies, 62 are women (48 of 129 for FRELIMO, 13 of112 for RENAMO, and 1 of 9 for the Democratic Union.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere are no legal obstacles to the formation of local humanrights groups, and two groups formed in 1993 continued tooperate throughout the year. The Mozambican League for HumanRights focuses particularly on the rights of prisoners. On atleast one occasion in 1994 it openly criticized the Governmentin the press for judicial delays affecting prisoners' rights.The Government was receptive to visits by international humanrights monitoring groups, including the ICRC and AmnestyInternational.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution prohibits discrimination based on race, sex,religion, or disability, but the Government does not ensure inpractice that citizens may exercise all these rights. WomenDespite constitutional prohibition of discrimination based onsex, women suffer both legal and societal discrimination.Mozambique has civil and commercial legal codes which predateindependence and frequently contradict each other and theConstitution. Among these laws are discriminatory measuresbased on traditional African practices which limit widow'sinheritance rights, with estates reverting to the deceasedhusband's relatives.Women continue to be underrepresented in the professions andhave less access than males to educational institutions at alllevels. Discrimination against women is most apparent in ruralareas where over 80 percent of the population live, and wherewomen are engaged mainly in subsistence farming andchild-rearing, with little opportunity for schooling or accessto health care.According to medical and other sources, violence against women,especially wife beating and rape, is fairly widespread inMozambique, especially in rural areas. The police do notnormally intervene in domestic disputes, and cases are rarelybrought before the courts. The Government has not specificallyaddressed the issue of violence against women. While rape cantheoretically be prosecuted in the courts, cultural pressureswould make it difficult for most women to do so.The Justice Ministry and an NGO organization, the Associationof Women, Law, and Development (MULEIDE), which aims to promoteand defend the legal rights of women, are collaborating toidentify those outdated laws that conflict with rights grantedwomen by the 1990 Constitution. However, at year's end MULEIDEhad not taken concrete action on the problems with the legalcode. In addition to MULEIDE, a Zimbabwe-based group, Women inLaw and Development in Africa, opened a Mozambique chapter in1994 to focus on women's legal rights. ChildrenThe Government has not made children's rights and welfare apriority. It has made little attempt to reintegrate intosociety the large numbers of child soldiers that served in themilitary and RENAMO forces or alleviate the plight of theincreasing numbers of urban street children, many of whom wereorphaned by the war. During the year, RENAMO began allowingthe ICRC and other NGO's greater access to children in itscustody, some of whom had been forced to be soldiers. Of the3,500 children who had been in RENAMO custody, approximately500 had served as soldiers. At year's end, all but a minorityof problem cases (where parents were no longer alive or couldnot take their children back) had been resolved, and the ICRCannounced plans to close its operation. National/Racial/Ethnic MinoritiesThere is no systematic persecution or discrimination on thebasis of race, but the FRELIMO Government included at alllevels a disproportionate number of southerners, mostly fromthe Shangaan ethnic group. RENAMO leadership is predominantlyShona-ethnic. There is no indication that the conflict betweenthe FRELIMO Government and RENAMO was primarily motivated byethnicity, although ethnic and regional factors played somerole and explain some of the civil war violence. People with DisabilitiesAlthough the Constitution expressly states that "disabledcitizens shall enjoy fully the rights enshrined in theConstitution," the Government has made few resources availableto assist the disabled and has not passed legislation mandatingaccessibility to public buildings or transportation. In 1991the Association of Mozambican Disabled (ADEMO) was created toaddress the social and economic needs of the disabled.Although poorly funded, ADEMO provides training, raises publicawareness of the need to integrate disabled persons intosociety, and lobbies the Ministry of Labor to initiatelegislation to support the working rights of disabled persons.The Electoral Law governing the first multiparty electionsspecifically addressed the needs of disabled voters in thepolling booths by stipulating that sick or disabled personscould go to the front of the line and be assisted by anothervoter to vote if necessary.Section 6 Worker Rights a. The Right of AssociationThe Constitution specifies that all workers are free to join atrade union. A labor law passed in December 1991 furtherprotects workers' rights to organize and to engage in unionactivity at their place of employment. The legislation gaveexisting unions the right to register independently from thethen FRELIMO-dominated Organization of Mozambican Workers(OTM). Three unions broke away from the OTM in 1992 and formedthe 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 forthe first time elected its President and Secretary General;previously both were government appointees. New OTM statutescall for independence from all influence by companies,governments, political parties, and religious groups.The Constitution explicitly provides workers with the right tostrike, 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, andtelecommunications). While no general strikes occurred in1994, there were numerous wildcat strikes, with workersprotesting low or long overdue salaries. A downturn inMozambique's industrial sector resulted in many factoryclosures and employers unable to meet payrolls. Clashesbetween protesting workers and police sometimes turned violent,as in May in Nampula at the Modemo Wood Company, when policewounded several workers demanding their unpaid wages.The 1991 Labor Law forbids retribution against strikers, thehiring of substitute workers, or lockouts by employers. Therewere no known instances during 1994 of employer retributionagainst striking workers. Specific labor disputes aregenerally arbitrated through ad hoc workers' committees,formally recognized by the Government.The Constitution and labor legislation provide unions with theright to join and participate in international bodies. The OTMis a member of the Organization of African Trade Union Unityand the Southern African Trade Union Coordinating Council. In1994 Parliament ratified four International Labor Organization(ILO) conventions, including those on collective bargaining andprotection of trade union rights. b. The Right to Organize and Bargain CollectivelyThe Labor Law protects workers' rights to organize and engagein collective bargaining. In practice, the Governmentdominates the industrial sector through state-owned enterprisesand is deeply involved in the bargaining process, even thoughin late 1991, the Government decreed that it would no longerset all salary levels. During the year the OTM, the threeindependent unions, and business organizations met with theGovernment to negotiate a "social pact," which resulted in anincreased minimum wage and the setting of voluntary priceceilings on certain food staples. The more activistindependent unions and, to a lesser extent the OTM, utilizedthe threat of a general strike to compel the Government andbusiness organizations to establish a formal tripartite "socialpact" committee to negotiate labor issues.The Labor Law expressly prohibits discrimination againstorganized labor, although antiunion discrimination has not beenan issue since, until recently, unions weregovernment-controlled organizations.While Mozambique has enacted legislation for the establishmentof export processing zones, no zones have been created. c. Prohibition of Forced or Compulsory LaborThe law prohibits forced or compulsory labor, and there havebeen no reports of such labor practices. d. Minimum Age For Employment of ChildrenChild labor is regulated by the Ministry of Labor. In the wageeconomy, the minimum working age is 16. Because of high adultunemployment, few children are employed in regular wagepositions. However, children commonly work on family farms orin the urban informal sector, where they perform such tasks asguarding cars, collecting scrap metal, or selling trinkets andfood in the streets. e. Acceptable Conditions of WorkThe Government sets minimum wage rates administratively. Theminimum wage at year's end was less than $20 (117,500 meticais)per month. The Ministry of Labor is responsible for enforcingthe minimum rates in the private sector and the Ministry ofFinance in the public sector. Violations of minimum wage ratesare usually investigated only after workers register acomplaint. It is customary for workers to receive fringebenefits such as transportation and food. The minimum wage isnot considered sufficient to sustain an average urban worker'sfamily. 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 restperiod stipulated. In the small industrial sector, theGovernment has enacted health and environmental laws to protectworkers. On occasion, the Government has closed firms fornoncompliance with these laws, but the Ministry of Laborenforces the laws ineffectively.</text>
</content>
<name> </name>
<script></script>
</card>
card_50014.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MOZAMBIQUE HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MOZAMBIQUEFollowing decades of war, Mozambique enjoyed in 1994 its secondyear of peace and a significantly improved human rightssituation. In the country's first multiparty elections October27-29, President Joaquim Chissano and the National Front forthe Liberation of Mozambique (FRELIMO, which has ruledMozambique since independence in 1975) won 53.3 percent of thepresidential vote and 44 percent of the parliamentary vote (129of 250 legislative seats). Afonso Dhlakama, the leader of theformer insurgent movement, the Mozambique National Resistance(RENAMO), received 33.7 percent of the presidential voteand--with a popular majority in half the provinces--38 percentof the parliamentary vote (112 seats). Although Dhlakamathreatened to pull out of the elections at the last minute andlater charged that there were serious irregularities in thevoting process, he said RENAMO would abide by the results. TheU.N. Special Representative and other international observersdeclared the elections generally free and fair.On December 8-9, Chissano and the Parliament-elect were swornin. At year's end, political tensions resurfaced afterChissano declined to appoint any RENAMO members to the Cabinetand resisted RENAMO's demands that they be consulted in thenaming of governors for the provinces in which RENAMO won amajority of the vote. RENAMO walked out of the openingparliamentary session, protesting that FRELIMO was attemptingto continue one-party government as usual. It remains to beseen whether the new multiparty legislature will have any moreresources, authority, or independence than its predecessors.Despite occasional lapses by both FRELIMO and RENAMO inadhering to the General Peace Accord of October 1992 whichended the civil war, the U.N. peacekeeping force (ONUMOZ)successfully oversaw the cease-fire and the 2-year transitionto multiparty elections. ONUMOZ's mandate ended December 9with the swearing in of President Chissano; its withdrawal fromMozambique is scheduled to be completed by January 31, 1995.The status of the military and security apparatus remained influx for most of the year. The Peace Accord specified thatFRELIMO and RENAMO would each transfer 15,000 soldiers to anew, unified army. However, in an attempt to keep a militaryoption open, both the Government and RENAMO made efforts toslow the planned demobilization of their 75,000 (total) troopsand the establishment of the new Mozambique armed defense force(FADM). However, the pace of demobilization was forced whenthousands of disaffected soldiers, having waited months inassembly areas, mutinied or simply deserted. At year's end,the FADM was comprised of only about 11,500 soldiers accordingto the Government. Given this downsized military establishmentand the absence of any threat from its neighbors, all of whomare ruled by democratically elected governments, Mozambiqueshould find it possible to drastically reduce militaryexpenditures.FRELIMO internal security forces included the controversialintelligence arm, the State Information and Security Service(SISE), the Criminal Investigation Police (PIC), the MozambiqueNational Police (PRM), and the Rapid Reaction Police (PIR).The Peace Accord placed SISE under the supervision of a21-member monitoring committee (COMINFO) of government andRENAMO representatives and independent citizens, and a 1993Chissano-Dhlakama agreement gave ONUMOZ responsibility foroverseeing the Mozambican police force. As part of thisagreement, almost 1,000 international civilian police (CIVPOL)monitors arrived to monitor police activities. Despite thepresence of the latter, police forces committed a number ofhuman rights abuses, and prior to the elections the Governmentviolated the Peace Accord by transferring a significantquantity of arms and men to the police, including to thepresidential security force.The economy is largely agricultural, with approximately 80percent of the population involved in small scale, subsistencefarming. Major exports are shrimp, sugar, cotton, and cashewnuts. While near normal rains and continuing peace permittedmany Mozambicans, including returning refugees and theinternally displaced, to farm their lands again, the economyremained heavily dependent on foreign aid. Mozambique,continuing the transition from a centrally planned economy to amarket-based system, is privatizing many government-ownedcompanies and attempting to attract foreign investment.Nevertheless, Mozambique, remains one of the world's poorestcountries, with a per capita income of only $80 annually.Although the overall human rights situation in Mozambiquecontinued to improve in 1994, the Government, and to a lesserextent RENAMO, continued to commit serious human rightsabuses. Despite the presence of international police trainers,police continued to commit abuses, including instances ofextrajudicial killings and excessive use of force, androutinely beat and otherwise abused detainees. The Governmentrarely investigated such abuses or punished those responsible.Citizens sometimes turned to mob justice as a way to counterthe ineffective and corrupt police force. The weak judiciarycontinued to be unable to implement constitutional guaranteesof individual human rights or provide an effective check on thepower of the executive branch. Early in the year RENAMO andFRELIMO traded accusations that they could not operate in areasunder each other's control. Throughout the year, freedom ofmovement was severely hampered at times by armed bandits andFAM and RENAMO soldiers awaiting demobilization, whocontributed to criminal activity by blocking roads, detainingcivilians, and extorting money and food. Other human rightsproblems included harsh prison conditions, press restrictions,and violence against women.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no known reports of political killings by theGovernment or RENAMO. However, the Mozambique National Policecommitted a number of extrajudicial killings. For example, inJanuary in Nampula province, an off-duty police officerarrested and subsequently beat to death a pharmacy owner.Also, in July, in Quelimane in Zambezia province, police beatto death a RENAMO guard, Andre Filipe, while he was incustody. As far as known, the Government took no actionagainst the officers involved in this incident.The rise of criminal activity, combined with police corruptionand a weak judicial system (see Section l.e.) led to anincrease in mob-vigilante killings, often involving necklacing,a method of killing and torture in which gasoline-filled tiresare placed around a victim's neck and set alight. A medicaljournal reported that doctors had treated 18 young men inMaputo's central hospital over a 12-month period for severeburns caused by necklacing. Most of the 18 did not survive.The local press frequently reported instances of angry mobsbeating or even lynching suspected thieves. b. DisappearanceThere was one report of an alleged government-perpetrateddisappearance. In a complaint filed with the Cease-FireCommission (CCF), one of the commissions established to overseeimplementation of the Peace Accord, RENAMO accused theGovernment of responsibility for the disappearance in May ofRenuge Paconote, a former government soldier, who claimed tohave evidence that the Government was training troops inTanzania in violation of the cease-fire. The Government deniedthe allegation and requested that the CCF suspend theinvestigation. The investigation proceeded but failed to reachany conclusions about Paconote's whereabouts.A number of members of the Presidential Guard, includingAlberto Gomes, remained missing in 1994, following governmentsuppression of a 1993 mutiny in the Guard. The Governmentreportedly refused to respond to a request by former soldiersthat it establish a commission of inquiry. To date, there hasbeen no news of Gomes' whereabouts or any indication that therewill be an investigation into the matter.In another case, a government soldier held by RENAMO at a basein Zambezia in 1993 remained missing in 1994. RENAMO claimsthe soldier fled before he could be transferred to governmentcustody in October 1993.The fate of thousands of Mozambicans who disappeared during thecivil war remain unresolved. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough the Constitution expressly prohibits torture, therewere credible reports that the Mozambique Police Forcesroutinely beat and whipped detainees, which sometimes resultedin death (see Section 1.a.). Police routinely assaulted thosesuspected of even minor crimes.In Montepuez, Cabo Delgado province, three RENAMO members weredetained by police in September for 3 days and severely beatenbefore being released without charges. In December RENAMOleaders also maintained that their supporters were beingdetained, harassed, and beaten by police in a number ofprovinces, 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 tointimidate people from reporting abuses, as in the case ofRosario Sweleke, a Radio Mozambique journalist who reported onalleged police criminal activity (see Section 2.a.). Onoccasion, the Government has taken action to counter policeabuses. For example, in January the Interior Ministerannounced that 100 police had been expelled because ofcorruption and abuse of authority. In December the PoliceCommander of Maputo announced that 50 policemen were beingprosecuted for "irregularities" committed during the electionperiod.Harsh prison conditions continued to deteriorate during theyear. Medical and food supplies were often insufficient, andovercrowding remained a serious problem. In some provincialprisons, men and women do not have separate facilities, andviolence against women, particularly rape by guards and otherprisoners, was a serious problem. At year's end, Machavaprison, the largest in Mozambique, located on the outskirts ofMaputo, held over twice the number of inmates for which it wasbuilt, and others held up to four times their intendedcapacity. The Government permitted international human rightsgroups, 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, someof whom had been forced to become soldiers (see Section 5). d. Arbitrary Arrest, Detention, or ExileThe law requires that most detainees be charged or releasedwithin 30 days. However, persons accused of the most seriouscrimes, i.e. security offenses or those requiring a sentence ofmore than 8 years, may be detained for up to 84 days withoutbeing formally charged. With court approval, such detaineesmay be held for two additional periods of 84 days while thepolice complete their investigation. In practice, however,these rules are often ignored. The detainee's constitutionalrights to counsel and to contact relatives or friends are alsofrequently not respected. The Government has broad latitudefor determining what constitutes a security offense.Citizens are also often unaware of their rights, particularlythose granted under the 1990 Constitution, and detainees mayspend many months, even years, in pretrial status. In somecases, detainees may be released from prison while theinvestigation proceeds, but the bail system remains poorlydefined, and the police often take bribes to effect the releaseof those who can afford to pay. The law provides that if theprescribed period for investigation has been completed and nocharges have been brought, the detainee must be released. Inpractice, however, this law is often ignored, in both regularand security cases, in part because of the severe lack ofadministrative personnel, trained judges, and sufficientlawyers to monitor the judicial system (see Section 1.e.).Throughout 1994 the serious backlog of pretrial detaineescontinued, and the Government made little effort to addressthis problem. A Mozambican human rights organization, theLeague of Human Rights (LDH), found that Machava prison alonehad over 500 prisoners awaiting trail beyond theconstitutionally mandated legal detention period. In one case,an attorney reported that a client had been held for 15 monthswithout trial only to be found not guilty when he was finallyable to stand trial. In another case, the LDH reported that a52-year-old woman, accused of her husband's murder, was stillawaiting trial after 3 years of detention.In May the Nampula police detained Rosario Sweleke, a RadioMozambique journalist, on charges of defaming the local policefor reporting on alleged criminal police activity. He was heldfor several hours.The 1990 Constitution expressly prohibits exile, and theGovernment does not use exile as a means of political control. e. Denial of Fair Public TrailThe 1990 Constitution formally established an independentjudiciary and specifically states that the decisions of thecourts take precedence over all other authorities andindividuals 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 theruling FRELIMO party, which exercises significant influence onall aspects of public life through the executive and throughparty organs. Moreover, the President appoints the members ofthe most important tribunal, the Supreme Court, and prior tothe October elections, these were automatically ratified by theFRELIMO-appointed National Assembly. At year's end, it wasunclear whether the newly elected National Assembly wouldassert it prerogatives and strengthen the independence of thejudiciary.The Government has also ignored court decisions. For example,in August the Defense Ministry refused to obey a court orderthat it compensate a goods vehicle driver for the loss of histruck when an army driver ran into him in 1986.There are two complementary formal justice systems--thecivil/criminal, which includes customary courts and themilitary justice system. At the apex of both systems is theSupreme Court. A 1991 law empowered the Supreme Court toadminister the civil/criminal system; it also hears appeals,including military cases, although the Ministry of Defenseadministers the military system. In addition, local customarycourts handle matters such as estate and divorce cases. In theregular courts, all accused persons are in theory presumedinnocent and have the right to legal counsel and appeal, butthe authorities do not always respect these rights.Since the establishment of the Supreme Court in 1988 and theabolition of the Revolutionary Military Tribunal, personsaccused of crimes against the State are tried in commoncivilian courts under standard criminal judicial procedures. Ajudge may order a trial closed because of national securityinterests or to protect the privacy of the plaintiff in rapecases.RENAMO continued during the year to administer the areas underits control through a rudimentary form of civil administrationand traditional courts, often using RENAMO commanders as judges.The issue of political prisoners remained controversial. In1992 the Government held an estimated 400 to 550 nationalsecurity prisoners, most of whom were accused of sympathizingwith, or committing crimes on behalf of, RENAMO. The October1992 Rome Accords provided for the release of such prisoners,and the National Assembly passed an amnesty law in 1992allowing over 300 prisoners to be released. In 1994, as in1993, the Government claimed that there were no nationalsecurity prisoners.However, in August the National Information Commission(COMINFO), established under the Peace Accord to monitor theactivities of SISE, accused the Government of continuing tohold political prisoners. COMINFO's RENAMO-appointed chairmanalleged that a RENAMO prisoner, Alexandre Niquisse, had beenreleased from prison only in August. The COMINFO chairmanaccused SISE of "hiding" approximately 60 political prisoners,including Niquisse, in Inhambane province by reclassifying themas criminals. The chairman further speculated that morepolitical prisoners continued to be held in detentionthroughout the country. When interviewed by the press aboutthe allegations, the Minister of Justice downplayed theseriousness of the charge, but he admitted that bureaucraticmistakes could have occurred. The Government's handling of theNiquisse case lends credence to the COMINFO findings. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe 1990 Constitution provides for the right to privacy andexpressly prohibits the use of surveillance techniques. Bylaw, police need a warrant to enter homes and businesses, butin practice most policemen routinely operate without them.During the war, police and security forces entered homes atwill, used a variety of surveillance techniques, and oftenforced civilians to move into government-protected villages.However, since the signing of the Rome Accords, the number ofreported incidents of intrusive government actions declinedmarkedly.Although there are fewer reports of such activity, incidents ofillegal telephone wiretapping by Government intelligenceagencies allegedly still occur. In November the independentweekly Savana reported what it considered convincing evidencethat a telephone conversation between two of its journalistswas tapped. The SISE denied the charge.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution, the 1991 Press Law, and the 1992 Rome PeaceAccords provide for freedom of expression and the press, exceptin cases involving national defense considerations. Inpractice, 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 againstthe President, truth is not a sufficient defense againstlibel. Although this law had not been tested in court, itresulted in considerable media self-censorship and almost nodirect criticism of the President.The Government dominates the media through direct control ofthe most important means of reaching the public, radio andtelevision. The Government owns Radio Mozambique andTelevision Mozambique, TVM, and also controls, either directlyor indirectly, the most important newspapers such as Domingoand Noticias. Radio Mozambique reaches the largest number ofMozambicans. The official media do not criticize governmentofficials or policies, even though corruption at theministerial level is common knowledge. The only independenttelevision station began its second year of broadcasts in1994. While independent administratively and financially fromthe Government, the station is owned by a FRELIMO CentralCommittee member, and programming has not taken an independentpolitical line.The government-controlled media frequently ignored or distortedRome Accord issues and regularly criticized RENAMO military andpolitical leaders for alleged violations of the Accord. Thegovernment media also targeted the U.N. Special Representativeand various members of the diplomatic community, particularlyas the October elections approached. They were subjected to anorchestrated campaign which impugned their motives and falselyalleged various conspiracies against the peace process.There were several incidents in which security officialsharassed the press. For example, in May the Nampula Chief ofPolice castigated the media for criticizing the police, and thepolice arbitrarily detained Radio Mozambique announcer RosarioSwelke for several hours (see Section 1.c.). The Governorintervened to release Swelke, and the Higher Council of SocialCommunications (CSCS), an oversight organ mandated by the PressLaw, and the Independent National Organization of Journalistsinvestigated the incident.Notwithstanding the dominance of the official media, there is asmall, but growing independent press that includes severaldaily facsimile (FAX) newsletters which carry oppositionviewpoints. However, the influence of this independent pressand, for that matter, of the official press as well, is limitedlargely to Maputo and the provincial capitals.During the official 33-day election campaign, all parties,including RENAMO and other opposition parties, had anopportunity to present their views on Radio Mozambique andtelevision at no cost, in accordance with the Electoral Law,and the guidelines established by the nonpartisan NationalElections Commission. The media also featured nonpartisanvoter education programs.RENAMO published a magazine, Novos Tempos, and its radiostation, Voz de Renamo, began nationwide shortwave andMaputo-only FM broadcasts in 1994. RENAMO continuallycriticized the Government, often without any factual basis.There are no formal restrictions on academic freedom, but, inpractice, teachers routinely adhere to self-censorship sincetheir employment depends on the State. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for freedom of assembly, and therewere no known incidents of the authorities denying permissionfor groups to hold public marches or demonstrations. However,security forces used excessive force on several occasions incontrolling unauthorized demonstrations, killing and woundingseveral persons. In July in Xai-Xai, Gaza province, rapidintervention forces fired on crowds demanding the return ofpossessions from PRM members they suspected of theft, injuringseveral demonstrators.During 1994, 18 registered political parties, including the twolargest, FRELIMO and RENAMO, held congresses and pressconferences and traveled in areas under government control.Although the electoral campaign was generally peaceful, thereemerged a pattern of FRELIMO harassment of opposition partiesthroughout the country. This often involved heckling andstoning opposition candidates and systematic defacing ofopposition campaign material. FRELIMO also made extensive useof state resources in its campaign and used governmental powersto coerce campaign contributions from local businessmen.FRELIMO accused RENAMO of preventing government campaignersfrom going into RENAMO areas, but there was little independentevidence to support these allegations. RENAMO accepted theelectoral outcome, although it claimed that many irregularitieshad prevented the process from being "fair." c. Freedom of ReligionThe Constitution mandates strict separation of church andstate. It provides for the freedom to "practice or notpractice a religion" and also gives religious institutions theright to own property and operate schools. The Governmentrespects these rights in practice. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution provides for freedom of travel within thecountry and abroad. The Government no longer requires citizensto obtain permits from local authorities in order to travelwithin the country. The Government began to enforce a lawrequiring disproportionately heavy fines for foreigners whooverstayed their visas.The unstable security situation in the country remained thegreatest threat to freedom of movement. In mid-1994,government and RENAMO soldiers demanding immediatedemobilization frequently detained and robbed travelers alongmajor highways. Using trumped-up charges, police alsofrequently stopped truck drivers and foreign visitors anddemanded bribes from them.During the year, RENAMO permitted increased travel to itscontrolled areas, although it insisted that in order to ensuresafety, 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 unlesssecurity guards were escorting them, but later they entered allRENAMO zones freely.With the end of the civil war and the return of the rains afterthe worst drought on record in 1992, citizens who had beeninternally displaced or had sought refuge in neighboringcountries, began to return in large numbers. Under theauspices of the United Nations High Commissioner for Refugees(UNHCR) and with the assistance of the InternationalOrganization of Migration, over 1.5 million refugees and mostof the 3.6 million displaced persons had returned to theirhomes by year's end.At the end of 1994, there were few refugees from othercountries, although 343 asylum seekers were awaitingdetermination of their status. There were no reported cases inwhich refugees were forced to return to countries where theymight have a well-founded fear of persecution.</text>
</content>
<name>Mozambique </name>
<script></script>
</card>
card_49725.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MOROCCO HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 b. Freedom of Peaceful Assembly and AssociationAlthough the Constitution provides for freedom of assembly andassociation, this right is significantly limited by threedecrees--promulgated in 1935, 1939, and 1958--that permit theGovernment to suppress peaceful demonstrations and massgatherings. Organizers for most conferences and demonstrationsrequire the prior authorization of the Ministry of Interior,ostensibly for security reasons.In February the Ministry of Interior denied without explanationauthorization for a conference on women's issues planned bythree major political parties. The conferees were to considerthe impact of recent changes in the Code of Personal Status,which concerns marriage, divorce, and child custody. In Apriland June, the Ministry denied permission to AMDH to holdconferences on human rights and democracy. In May the Ministryrefused to allow a planned rally in Rabat in support of BosnianMuslims. On June 14, the authorities arrested activists fromthe Unemployed Graduate Students Association, an unregisteredgroup tolerated by the Government, in connection with anunauthorized demonstration at a union headquarters in a smalleastern city (see Section 1.e.). The authorities did notpermit OMDH to hold a reception in Casablanca in honor of theprisoners amnestied in July. The authorities also deniedorganizers to proceed with Berber cultural conferences inAgadir and Nador. The police forcibly dispersed severaldemonstrations organized by blind students to call attention totheir poverty. There were a number of injuries.The Government limits the right to establish organizations.Under the 1958 decree, persons wishing to establish anorganization must obtain the approval of the Ministry ofInterior before holding meetings. In practice, the Ministryuses this requirement to prevent persons suspected ofadvocating causes opposed by the Government, particularlyIslamist and leftist groups, from establishing legalorganizations. There are 29 active Islamist groups, but theGovernment has prohibited membership in two of them--Justiceand Charity and Jama'a Islamia--because of their rhetoricdeemed inimical to the monarchy. The Ministry of Interior mustapprove political parties--a power which the Government uses tocontrol participation in the political process. c. Freedom of ReligionIslam is the official religion. Ninety-nine percent of thepopulation is Sunni Muslims, and the King bears the title"Commander of the Faithful." The Jewish community ofapproximately 6,000 is permitted to practice its faith, as isthe somewhat larger foreign Christian community. For the firsttime in memory, the Ministry of Interior in 1994 permitted thebroadcast of Yom Kippur services on national television.Although the Constitution provides for freedom of religion,only Islam, Christianity, and Judaism are tolerated, since theKing has pronounced all other religions to be heresies. TheGovernment has prohibited the Baha'i community of 150 to 200people from meeting since 1983. Islamic law and tradition callfor strict punishment of any Muslim who converts to anotherfaith. Any attempt to induce a Muslim to convert is similarlyillegal.Foreign missionaries limit their proselytizing to non-Muslimsor conduct their work quietly. Evangelical missionaries do notturn away Muslims who appear at services and Bible meetings.In January the Government quietly released from prison MustaphaZmamda, a Muslimsentenced to 3 years in prison in 1993 forcorresponding with Christian missionaries.The Ministry of Islamic Affairs monitors Friday mosque sermonsand the Koranic schools to ensure the teaching of approveddoctrine. The authorities sometimes suppress the activities ofIslamic fundamentalists, but generally tolerate activitiesrestricted to the propagation of Islam, education, andcharity. Security forces commonly close mosques to the publicshortly after Friday services to prevent use of the premisesfor unauthorized political activity. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationAlthough the Constitution provides for freedom of movement, inpractice security forces set up roadblocks throughout thecountry and stop traffic at will. In some regions, roadblockshave been maintained in the same places for years. Someobservers characterize these as internal frontiers. Policeregularly extract gratuities at the roadblocks, particularlyfrom truck drivers. In a move to improve their image, thepolice arrested more than 1,000 travelers in 1994 for attemptedbribery at the roadblocks. In the aftermath of the Augustviolence and discovery of arms catches (see Section 1.d.), theauthorities established additional temporary roadblocks, closedthe border with Algeria, and subjected Algerian nationals torepeated interrogations.In the Morocco-administered portion of the Western Sahara, theGovernment restricts movement in areas regarded as militarilysensitive.The Ministry of Interior restricts freedom to travel abroad incertain circumstances. It has refused to issue passports tocertain citizens, including political activists, formerpolitical prisoners, and Baha'is. However, the Government hasdramatically eased these restrictions in recent years. OMDHcurrently lists only 22 citizens declared ineligible to obtainpassports. Some former political prisoners, after being issuedpassports, were denied exit at border points on the ostensiblebasis that government computers had not been changed to reflecttheir eligibility to leave.Women must have permission from either their fathers orhusbands to obtain a passport. A divorced woman must have herfather's permission to obtain a passport and, if she hascustody of the children, she must have permission of thechildren's father to obtain passports for them. Although theKing has said that the male consent requirement is contrary toIslam and the Constitution, the Government took no action toease the travel requirements for women.There are frequent allegations of corruption in the passportoffices; applicants are reportedly forced to pay gratuities toobtain application forms and to make sure the forms are notlost. All civil servants must obtain written permission fromtheir ministries each time they seek to travel abroad.Moroccans may not renounce their citizenship, but the Kingretains the power--rarely used--to revoke it. Tens ofthousands of Moroccans hold more than one citizenship andtravel with passports issued by other countries. However,while residing in Morocco, the authorities consider themMoroccan citizens. The Government has sometimes refused torecognize the right of embassy officials to act on behalf of"dual nationals" or even to receive information concerningtheir arrest and imprisonment. Dual nationals also complain ofharassment from immigration inspectors.The law encourages voluntary repatriation of Moroccan Jews whohave emigrated. Jewish emigres with Israeli citizenship freelyvisit Morocco. The Government also encourages the return ofSaharans who departed Morocco due to the conflict in theWestern Sahara--provided they recognize the Government's claimto the region. The Government does not permit Saharannationalists who have been released from prison to live in thedisputed territory.Section 3 Respect for Political Rights: The Right of Citizens to Change their GovernmentPractically speaking, the citizens do not enjoy the right tochange their government by democratic means. The King, as Headof State, appoints the Prime Minister, who is the titular headof government. The Parliament has the theoretical authority toeffect change in the system of government, but has neverexercised it. The Constitution may not be amended without theKing's approval. The Ministry of Interior appoints provincialgovernors and local caids. The latter undergo a 2-yeartraining course in the Ministry's "Ecole de Formation deCadres." Municipal councils are elected bodies.Constitutional changes in 1992 authorized the Prime Minister tonominate other government ministers, but the King retains theright to replace any minister at will. Any significantsurrender of power from the Crown to the Prime Minister'soffice was further obviated when the King decreed to thesecretaries general, who serve at the King's pleasure, many ofthe powers previously vested in the ministers.Allegations of fraud and manipulation in the 1993 parliamentaryelection are pending before the Constitutional Council, thedesignated body adjudicating the disputes. Challenges havebeen 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, humanrights groups do not expect the Council to adjudicate theremaining cases.Sixteen parties have members in Parliament. In a rare displayof political independence, a coalition of major parties refusedin 1994 to accept the King's invitation to accept ministerialposts--absent significant political and electoral reform,including control of the Ministry of Interior. As aconsequence, most present ministers are technocrats named bythe King as caretakers pending the formation of a longer-termgovernment. In 1994 the Parliament authorized the televisedbroadcasts of ministerial question periods in Parliament.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere are three officially recognized nongovernmental humanrights groups: the Moroccan Human Rights Organization (OMDH),the Moroccan League for the Defense of Human Rights (LMDH), andthe Moroccan Human Rights Association (AMDH). LMDH isassociated with the Istiqlal Party, and AMDH is associated withthe Party of the Socialist Avant Garde. They have formed acoordinating committee and generally issue joint communiques.OMDH is nonpartisan. LMDH and OMDH participate in someactivities of the Royal Consultative Council on Human Rights.In January OMDH issued a communique stating that the Ministryof Justice had formed a partnership with OMDH, AMDH, and LMDHto investigate alleged violations of human rights. However, atyear's end, there had been no significant follow-up on thisinitiative. While the Ministry of Justice held occasionalmeetings with the NGO's, the Ministry of Interior continued torefuse to acknowledge their inquiries directly.In comments before Parliament in February, reiterated inNovember, the Minister of Interior made clear that he resentedinquiries from human rights groups and that neither of the twoministries would respond to them, even if such inquires camefrom Parliament or other ministries.The Royal Consultative Council on Human Rights (CCDH), anadvisory body to the King, exists in sometimes uneasycoordination with the Deputy Ministry of Human Rights (DMHR),which was established by Parliament. While their commonmissions often provoked an adversarial relationship, a clearerdivision of labor emerged in 1994. CCDH has concentrated onthe reports written by its various working groups, most notablyits recommendations for prison reform. DMHR's activities havebeen more executive: identifying Tazmamart Prison victims forcompensation and studying the dossiers of disappeared personsfor possible compensation to their families. The two bodiesworked together on the royal amnesty program: CCDH formulatedthe criteria for eligibility, and DMHR compiled a list ofpotentially eligible prisoners.Amnesty International (AI) established an office in Casablancaafter its representatives visited Morocco in 1994. Whileciting a continuation of human rights abuses, AI commended theGovernment's openness in affording access to prisons andprisoners.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenWomen suffer various forms of legal and culturaldiscrimination. Under the Criminal Code, women are generallyaccorded the same treatment as men, but are not accorded equaltreatment under family and estate law, which is based on theMalikite school of Islamic law. Under this law, husbands maymore easily divorce their wives than vice versa. Women inheritonly half as much as male heirs. Moreover, even where the lawguarantees equal status, cultural norms often prevent a woman'sexercise of those rights. When a woman inherits property, forexample, male relatives may pressure her to relinquish herinterest.The civil law status of women is governed by the Moudouwana, orCode of Personal Status, which is based in part on the Koran.With the active support of the King, limited reforms of theMoudouwana, consistent with the Koran, were effected in 1993.The amendments allow a wife to divorce a husband who announcesan intent to take a second wife; grant a wife unspecifiedallowance rights, based on the husband's income, in cases wherea husband files for divorce without legal justification; andrecognize a wife's priority of right to custody of youngchildren after a divorce.Women's groups unsuccessfully requested that the Moudouwanachanges include expanded rights to combat spousal violence, aproblem human rights groups confirm is commonplace. Although abattered wife has the right to complain to the police, as apractical matter she would do so only if prepared to file fordivorce. Spousal abuse is grounds for divorce, but even ifabuse is proven, divorced women do not have the right tofinancial support from their former spouses. Hence few victimsreport abuse to authorities.The law and social practice concerning violence against womenreflects the importance society places on the honor of thefamily. The Criminal Code includes severe punishment for menconvicted of rape or violating a woman or girl. The defendantsin such cases bear the burden of proving their innocence.However, sexual assaults often go unreported because of thestigma attached to the loss of virginity. A rapist may beoffered the opportunity to marry his victim in order topreserve the honor of the victim's family. The law excuses themurder or injury of a wife caught in the act of committingadultery; however, a woman would not be excused for killing herhusband under the same circumstances.While many well-educated women pursue careers in law, medicine,education, and government service, few make it to the topechelons of their professions. Women comprise approximately 24percent of the work force, with the majority of them in theindustrial, service, and teaching sectors.Women suffer most from inequality in the rural areas. Ruralwomen perform most hard physical labor; the rate of literacy,particularly in the countryside, is noticeably lower for womenthan for men. Girls are much less likely to be sent to schoolthan are boys. Women who earn secondary school diplomas,however, have equal access to university training. ChildrenThe Government has taken little action to end child labor (seeSection 6.d.). Young girls in particular are exploited asdomestic servants. Orphanages are often party to the practiceof adoptive servitude, in which families adopt young girls whoperform the duties of domestic servants in their new families.Credible reports of physical abuse are widespread. Thepractice is often justified as a better alternative to keepingthe girls in orphanages. It is ingrained in society, attractslittle criticism, even from human rights groups, and isunregulated by the Government. In 1994 the Governmentcontinued a campaign to vaccinate children against preventablediseases. National/Racial/Ethnic MinoritiesThe Constitution affirms, and the Government respects, thelegal equality of all citizens.The official language is Arabic. The languages of instructionand the news media are both Arabic and French. Science andtechnical curriculums are taught in French, thereby eliminatingthe large monolingual Arabic-speaking population from theseprograms. Educational reforms in the past decade have stresseduse of Arabic in secondary schools. Failure to similarlytransform the university system has functionally disqualifiedmany students, especially those from poorer homes where Frenchtutoring is not practicable, from higher education in lucrativefields.Some 60 percent of the population claim Berber heritage.Berber cultural groups contend that the three remaining Berberlanguages and Berber traditions are rapidly being lost. Theirrepeated requests to the palace to permit the teaching ofBerber languages in the schools have finally produced a royaldecree to effect the necessary curriculum changes. The Kingordered the limited broadcast of Berber-language news programson radio and televison; the broadcasts commenced in 1994.However, the Government convicted Berber activists and canceledtwo conferences on Berber culture (see Section 1.c. and 1.f.).The moves suggest that the Government regards the Berberrevival as a threat to state security. People with DisabilitiesMorocco has a high incidence of disabling disease. Polio isespecially prevalent. While the Government contends that itseeks to integrate the disabled into society, most specialeducation activities are provided by private charities and aregenerally affordable only to families with private means.Disabled persons typically survive by begging. In 1994 theGovernment continued a pilot training program for the blind,sponsored in part by a member of the royal family. There areno laws mandating physical changes to buildings to facilitateaccess for the disabled.Section 6 Worker Rights a. The Right of AssociationAlthough workers are free to establish and join trade unions,the unions themselves are not completely free from governmentinterference. Perhaps a half million of Morocco's 9 millionworkers are unionized in 17 trade union federations. Threefederations dominate the scene: the Union Marocain de Travail(UMT), the Confederation Democratique de Travail (CDT), and theUnion Generale des Travailleurs Marocains (UGTM). The UMT hasno political affiliation, but the CDT is linked to theSocialist Union of Popular Forces, and the UGTM to the IstiqlalParty. Unions belong to regional labor organizations andmaintain ties with international trade secretariats.In practice, the internal intelligence services of the Ministryof Interior are believed to have informants within the unionswho 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 membersto select their own leaders. There has been no case of therank and file voting out its current leadership and replacingit with another.Workers have the right to strike and do so. In February theCDT called a 1-day general strike to protest government socialpolicies. However, it quickly postponed the strikeindefinitely after the Prime Minister moved to ban it ongrounds that there is no legislation implementing theconstitutional provision for the right to strike. TheGovernment maintained that since legal strikes are not definedby law, the CDT's general strike was outside the scope oflegitimate union activity and hence illegal. Critics counteredthat the ban was an infringement of the Constitution.During the May 1 Labor Day celebrations, 12 union membersaround the country were arrested for shouting politicalslogans. Three were convicted and imprisoned. They werereleased from prison in the general amnesty in July. b. The Right to Organize and Bargain CollectivelyThe right to organize and bargain collectively is implied inthe constitutional provisions on the right to strike and theright to join organizations. The many trade union federationscompete to organize workers. Any group of eight workers mayorganize a union and a worker may change union affiliationeasily. A work site may contain several independent locals orlocals affiliated with more than one labor federation.In general, the Government ensures the observance of labor lawsin larger companies and in the public sector. In the informaleconomy, and in the textile and handicrafts industries, laborlaws and regulations are routinely ignored by the Governmentand management. As a practical matter, unions have no judicialrecourse to oblige the Government to enforce labor laws andregulations.The laws governing collective bargaining are inadequate.Collective bargaining has been a long-established tradition insome parts of the economy, but the practice is not spreading.Wages and conditions of employment are generally set indiscussions between employer and worker representatives.Employers unilaterally set wages for the majority of workers.Employers wishing to dismiss workers are required by law tonotify the provincial governor through the labor inspector'soffice. In cases where employers plan to replace dismissedworkers, a government labor inspector provides replacements andmediates the cases of workers who protest their dismissal. Anyworker dimissed for committing a serious infraction of workrules is entitled by law to a court hearing.There is no law specifically prohibiting antiuniondiscrimination. Employers commonly dismiss workers for unionactivities regarded as threatening to employer interests. Thecourts sometimes order the reinstatement of such wokers, butare unable to ensure that employers pay damages and back pay.Ministry of Labor inspectors serve as investigators andconciliators in labor disputes, but they are few in number anddo not have the resources to investigate all cases. Unionshave increasingly resorted to litigation to resolve labordisputes. In 1994 the International Labor Organization (ILO)again cited the Government for failing to respond adequately tosuch abuses as the dismissals and arrests of trade unionistsand the prohibition on union demonstrations.The Labor Law applies equally to the small Tangier exportzone. The proportion of unionized workers in the export zoneis about the same as in the rest of the economy. c. Prohibition of Forced or Compulsory LaborForced or compulsory labor is prohibited by ILO Convention 29,which was adopted by royal decree. d. Minimum Age for Employment of ChildrenAbuse of the child labor laws is common nationwide. The lawprohibits the employment or apprenticeship of any child under12 years of age. Education is compulsory for children betweenthe ages of 7 and 13. Special regulations govern theemployment of children between the ages of 12 and 16. Inpractice, children are often apprenticed before age 12,particularly in the handicraft industry. The use of minors iscommon in the rug-making industry and also exists to someextent in the textile and leather goods industries. Childrenare also employed informally as domestics and usually receivelittle or no wages. Safety and health conditions as well assalaries in enterprises employing children are oftensubstandard.Ministry of Labor inspectors are responsible for enforcingchild labor regulations which are generally well observed inthe industrialized, unionized sector of the economy. However,the inspectors are not authorized to monitor the conditions ofdomestic servants. e. Acceptable Conditions of WorkThe minimum wage does not provide a decent standard of livingfor a worker and his family--even with government subsidies forfood, diesel fuel, and public transportation subsidies. Inmany cases, several family members combine their income tosupport the family. The minimum wage was raised by 10 percenton July 1 to about $167 (1,510 dirhams) a month, the firstincrease in 2 years. Labor unions call for a minimum monthlywage of about $220 to $230.The minimum wage is not enforced effectively in the informaland handicraft sectors of the economy, and even the Governmentpays less than the minimum wage to workers at the lowest civilservice grades. To increase employment opportunities forrecent graduates, the Government allows firms to hire them fora limited period for less than the minimum wage. Most workersin the industrial sector earn more than the minimum wage. Theyare generally paid between 13 and 16 months' salary, includingbonuses, each year.The law provides a 48-hour maximum workweek with not more than10 hours any single day, premium pay for overtime, paid publicand annual holidays, and minimum conditions for health andsafety, including the prohibition of night work for women andminors. As with other regulations and laws, these are notuniversally observed in the informal sector.Occupational health and safety standards are rudimentary,except for a prohibition on the employment of women in certaindangerous occupations. Labor inspectors endeavor to monitorworking conditions and accidents, but lack sufficientresources. In 1994 five teenaged workers were paralyzed byglue fumes in a poorly ventilated shoe workshop.</text>
</content>
<name> </name>
<script></script>
</card>
card_49423.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MOROCCO HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MOROCCOThe Constitution of Morocco provides that the country shall begoverned by constitutional monarchy with a representativeParliament and an independent judiciary. However, the ultimateauthority rests with the King, who retains the discretion toterminate the tenure of any minister and dissolve Parliament torule by decree. The current Parliament was formed in 1993 by atwo-stage process: the election of 222 deputies by directuniversal suffrage and selection of the remaining 111 deputiesby labor organizations and other constituency groups.International observers found the direct elections to begenerally fair with some irregularities. However, the secondstage was marred by credible reports of widespread manipulationand fraud. When three major political parties refused toparticipate in the Government without a far-reaching shift inpower in favor of the Parliament, the King appointed agovernment of technocrats who, with minor changes, remained inoffice in 1994.The security apparatus comprises several overlapping police andparamilitary organizations. The Direction de la Surveillancedu Territoire, Surete Nationale, and the judicial police aredepartments of the Ministry of Interior and Information. TheGendarmerie Royale reports directly to the royal palace.Security force abuses continued in 1994, especially in casesinvolving perceived threats to state security.Morocco's mixed economy is based on agriculture, fishing, lightindustry, phosphate mining, tourism, and remittances fromoverseas workers, with illegal cannabis production asignificant factor. Since the early 1980's, the Government haspursued an economic reform program that has contributed togenerally strong economic growth, low inflation, and low fiscaland external deficits. The Government has embarked on aprogram of privatizing state-owned enterprises.In 1994 the Government made substantial progress on severalhuman rights fronts. The King granted amnesty to 424 politicalprisoners; the Government began paying stipends to formerinmates who survived incarceration at the notorious TazmamartPrison; a 1934 law allowing the imprisonment of politicalopponents was abrogated; incidents of press censorshipdecreased; and the Deputy Ministry for Human Rights expandedits operations and continued dialogs with local andinternational human rights groups.However, several basic human rights problems remainedunaddressed. Credible reports indicate that security forcesfrequently abused detainees and prisoners and caused the deathsof three persons in custody; state agents responsible for pastand present human rights abuses were not held accountable bythe weak and malleable judiciary or even subject to publicinvestigation; many persons remain in prison for advocatingindependence for the Western Sahara; many young girls remainsubject to exploitative domestic servitude; and the Governmentfailed to make significant reforms in the manipulation-proneelectoral system and continued to suspend the right to dueprocess and freedom of speech and association.The ubiquitous nature of the Ministry of Interior andInformation means that virtually all allegations ofgovernmental human rights abuse involve its employees. TheMinistry is responsible for authorizing associations andpolitical parties; the conduct of elections, includingcooperation with the United Nations in a referendum on thestatus of the Western Sahara; the oversight of the privatepress and publication of the official news agency releases; thedirection of most security forces; the appointment and trainingof many local officials; the allocation of local and regionalbudgets; and the oversight of university campuses. Lessformally, the Ministry exerts substantial pressure on thejudicial system. In February comments to Parliament,reiterated in November, the Minister of Interior made clearthat Ministry employees will not be held to answer forallegations of abuse brought by Parliament, other ministries,or nongovernmental organizations (NGO's).RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThree deaths of persons in police custody may be reasonablyattributed to security force brutality. On August 4, officersof the Surete Nationale in Khouribga, 75 miles southeast ofCasablanca, arrested Siman Bouchta for selling produce withouta permit. A few hours later, Bouchta was rushed to a hospital,reportedly for treatment of profuse bleeding, and he diedshortly thereafter. His family has refused to accept his bodywithout the performance of an autopsy. Requests for furtherinformation by nongovernmental human rights organizations haveelicited no response from Moroccan authorities.According to witnesses, four police officers in Rabat beatZerzouri Younes about the head in front of his parents' home onAugust 13. He died of his injuries after 4 days ofhospitalization. Younes had no known political affiliations.He was described in a communique issued by the MoroccanOrganization for Human Rights (OMDH) as emotionally unstable.The police arrested Brahim Belfaqir in the city of Sale onNovember 6 after his involvement in a fistfight. He died inpolice custody the next day. Authorities ruled the death asuicide, alleging that Belfaqir had taken an overdose ofmedication, but Belfaqir's family denied that he took any suchmedication. Belfaqir was not known to be politically active.An OMDH appeal to the Ministry of Justice failed to prompt apublic investigation. In November the Minister of Interiorresponded to a question in Parliament, submitted in writing bya parliamentarian 2 weeks earlier, about Belfaqir's death. TheMinister reportedly expressed surprise at the news of the deathand promised an investigation. His response drew laughter fromthe parliamentarians. He has made no further comments on thecase.In a fourth case, Mohammed Belqaidi, a former student activistin Fes, died on October 27, reportedly as a consequence of ageneral physical deterioration after receiving physical abuseperpetrated by guards while serving a prison term from 1988 to1993. Belqaidi reportedly served his sentence in solitaryconfinement.A court proceeding brought by the family of Mustapha Hamzaoui,a political activist who died in jail in 1993 under suspiciouscircumstances, 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 tookplace from 1989 to 1993 under circumstances that stronglysuggest the use of torture. The Government has not conducted apublic inquest into any of these cases. b. DisappearanceThere were no reports of new disappearances. In September theMinister-Delegate for Human Rights announced that his officehad begun a review of 50 to 60 alleged disappearances, somedating back several years. He added that approximately 30 ofthe dossiers presented strong prima facie cases ofdisappearance. At year's end, his office had not released anyresults of this review.Human rights organizations have published higher estimates ofthe number of persons who disappeared permanently after lastbeing seen in the custody of security forces. Many of theadditional disappeared persons are Sahrawis, the natives ofWestern Sahara, who publicly advocated independence for thatterritory. The Government has never directly acknowledged thatSahrawis have disappeared--even though it released some 300Sahrawis in 1991 after periods of detention ranging up to 15years. However, the King expressly excluded Sahrawinationalists from the prisoner amnesty program announced inJuly, thus indirectly acknowledging that some of them remainimprisoned.Rashid Benhayoun, a resident of the Casablanca suburb ofMohamadia, disappeared on March 19 under circumstancesimplicating a powerful local figure with strong associationswith the police. This figure should be a prime suspect butseems to have successfully prevailed upon police contacts toquash any investigation. In response to a request from OMDH,the Minister of Justice publicly agreed to investigate thedisappearance. This rare public statement from the Ministerwas greeted enthusiastically by local human rights groups. Atyear's end, the Minister had not announced any further action. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough Morocco ratified the United Nations' ConventionAgainst Torture in 1993, security forces continued to subjectdetainees to abuse--including the use of torture in casesinvolving state security. Reliable sources report thatMinistry of Interior interogation methods in state securitycases were modified in 1992. The guidelines proscribe the useof methods likely to leave visible marks or permanentdisabilities. Hence, the most common methods include sleepdeprivation, the chemical inducement of vomiting fits, andbeatings under immobilizing restraint.A detainee alleging police abuse must sign an application formedical examination, naming the officers involved, and submitit to the court. Very few detainees take this step. In a casewhere evidence of abuse is strong, reliable reports suggestthat the police typically offer to drop the underlying chargesin exchange for a detainee's agreement to drop the allegationof abuse.In June a military tribunal tried several persons for smugglingguns to Muslim fundamentalists in Algeria. At trial, thedefendants moved to exclude their confessions from evidence ashaving been obtained by torture. The trial court and anappeals court denied the motion without a hearing, despitestrong circumstantial evidence of abuse.In May the authorities arrested seven teachers forparticipating in a rally advocating teaching the Berberlanguage in public schools. All detainees alleged they weremistreated in detention and several, according to pressaccounts, bore physical marks attributable to abuse. Threedefendants were convicted of posing a "threat to the sanctityof the State," but the court did not rule on the allegation ofabuse.In cases that do not involve state security, witnesses reportthat individual police officers abuse detainees with impunityon an ad hoc basis.Harsh treatment continues after conviction, especially forprisoners serving sentences for state security crimes. Severalpolitical prisoners released in the July amnesty reported thatthey suffered years of abuse from their guards, includingrandom assaults, deprivation of sleep, and prohibition offamily visits. Prison guards have reportedly suspended inmatesagainst walls as punishment for violating some prison rules. d. Arbitrary Arrest, Detention, or ExilePrison conditions are harsh. Eleven persons reportedly died ina 6-month period in one Casablanca prison due either toillnesses contracted from unhealthy conditions or lack ofmedical care for preexisting conditions. The Government,citing budgetary restraints, has not substantially implementedthe reforms recommended by the Royal Consultative Council onHuman Rights (CCDH), an advisory body whose members arehandpicked by the King, regarding prison overcrowding, medicalcare, and nutrition. Prisoner hunger strikes, although fewerin number in 1994, were common, especially among Islamistprisoners. In a display of openness, the Government grantedaccess by representatives of Amnesty International (AI) to itsprisons.Legal provisions for due process have been revised extensivelyin recent years, but the authorities frequently ignore them.Although arrests usually take place in public, the policesometimes refuse to identify themselves and do not alwaysobtain warrants. The law requires that a detainee be broughtbefore a judge within 48 hours of arrest--extendable to 96hours upon approval of the prosecutor--and informed of thepending charges. Incommunicado (garde-a-vue) detention islimited to 48 hours, with a one-time 24-hour extension at theprosecutor's discretion.An accused person must be brought to trial within 2 months ofarrest, but prosecutors may order five additional extensions ofpretrial detention of 2 months each. Detainees are deniedcounsel during the initial period of detention when abuse ismost likely to take place. Counsel is allowed only as of thefirst cross-examination, but many cases are resolved withoutcross examination.Some members of the security forces, long accustomed toindefinite precharge access to detainees, continue to resistthe new rules. Lawyers are not always informed of the date ofdetention and are thus unable to monitor compliance with thegarde-a-vue detention limits. Although the trend towardscompliance with the rules continued in 1994, there were severalexceptions, especially in state security cases, the mostpublicized of which involved the gun-running and Berber speechcases (see Section 1.c.).The law provides for a limited system of bail, but it is rarelyused. Nevertheless, the courts sometimes release defendants ontheir own recognizance. The law does not provide for habeascorpus or its equivalent. Under a separate code of militaryjustice, military authorities may detain members of themilitary without warrants or public trial.In March the Minister-Delegate for Human Rights announced thatthe Government had begun making payments of 5,000 dirhams(about $550) per month to 28 former inmates who survivedincarceration at the notorious Tazmamart Prison. He alsoacknowledged that 30 other prisoners had died there. InNovember the Minister-Delegate announced that the Governmentwould issue death certificates to families of the deceasedprisoners. All 58 former inmates had been sentenced, aftermass trials, as accomplices in attempts on the King's life in1971 and 1972. The typical member of the Tazmamart group wasconvicted of passive involvement in the plots--those convictedof active participation were executed--and sentenced to a3-year prison term. Notwithstanding those sentences, thesurvivors each served 18 to 20 years in solitary confinement,with a complete absence of sanitary facilities and medicalcare. The Government offered no information on the prisonersto their families during their confinement, and even refused toconfirm the existence of the detainees.The Government released the Tazmamart group without explanationin 1991, on condition that they do not publicly discuss thecircumstances of their confinement. The former inmates havequietly sought redress with the assistance of Moroccan humanrights groups, particularly the Moroccan Association for HumanRights (AMDH). No government official has been accused ofmisfeasance in connection with Tazmamart. No publicinvestigation is underway nor is any known internal governmentinvestigation.In the June gun-running case (see Section 1.c), the authoritiesplaced several suspects in incommunicado detention. Theysurfaced in a Rabat jail weeks later, after charges werebrought. At their trial, the defendants moved for dismissal ofthe case for gross violation of the garde-a-vue detentionlimits. In contradiction to available evidence, the courtfound that the fugitives had spent most of the time after theirdisappearance--and before charges were brought--in flight fromthe authorities. It therefore ruled that the detention limitswere not exceeded.The authorities held the defendants in the Berber language case(see Section 1.c.) in garde-a-vue detention for more than 2weeks. Although the three convicted defendants receivedreduced sentences on appeal and were released in the Julyamnesty, the obvious violation of garde-a-vue limits was notsubject to court ruling.By contrast, in investigating incidents of violent crime inAugust, the authorities evidently observed the due processrules. The incidents included a shooting at a Marrakech hotelwhich left two dead, and an attempted armored car holdup inCasablanca. In the aftermath of those events, policediscovered several weapons caches, and investigations inforeign countries linked the suspects to terrorist groupsabroad. Despite the national security implications of thesediscoveries, no evidence of illegal detention or physical abusehas surfaced. In fact, one of the principal suspects, afterdisparaging the judicial system in a court hearing, laterwithdrew a request for foreign counsel, stating that he hadbeen treated fairly and represented professionally.Abdessalem Yassine, leader of the banned Islamist organizationJustice 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 havethey filed formal charges against him. However, two members ofthe CCDH publicly acknowledged the illegality of Yassine'scontinued detention. Neither the Ministry of Justice nor theDeputy Ministry for Human Rights has initiated a review.There are no known instances of government-imposed exile. Aspart of the 1994 amnesty, the Government indicated that anycitizen living abroad in self-imposed exile would be welcomedto return after taking an oath that acknowledged the legitimacyof the monarchy and the nation's claim to the Western Sahara.Several Moroccans living in Holland have been repatriated inthis fashion, and in December the Government began to processclaims from Moroccans living in France as well. e. Denial of Fair Public TrialIn theory there is a single court system for all nonmilitarymatters, but family matters such as marriage, divorce, childsupport and custody, and inheritance are adjudicated by judgestrained in Islamic law, or Shari'a. Judges consideringcriminal cases or cases in nonfamily areas of civil law aregenerally trained in the French legal tradition. All judgesappointed in recent years are alumni of the National Institutefor Judicial Studies (INEJ) where they undergo 2 years of studyheavily focused on human rights and the rule of law.The law does not distinguish political and security cases fromcommon criminal cases. In general, detainees are arraignedbefore a court of first instance. If the infraction is minorand not contested, the judge may order the defendant releasedor 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 confessionsobtained during incommunicado detention. Some of theseconfessions, according to reliable sources, are obtained underduress.All Moroccan courts are susceptible to extrajudicialpressures. Salaries paid to judges are modest; cash paymentsto unscrupulous judges are sometimes made in routine cases. Amore subtle, but doubtless more profound, corruption derivesfrom the judiciary's relationship with the Ministry ofInterior. The Ministry, through its network of localofficials, or caids, who serve in tandem with local electedofficials, interacts regularly with local judges. Through thisinteraction, the caids transmit both general procedures forvarious types of cases and advice regarding particular cases asneeded to the judges. Credible sources report that judges whoexpect enhanced remuneration and career progression do notstray far from that guidance. Attorneys report that newlyappointed judges, notwithstanding their INEJ training, are evenmore willing to profit from this arrangement than theirpredecessors.In serious state security cases, communications between theMinistry of Interior and the court are more direct. In thegun-running case (see Section 1.c.), if the court had appliedthe due process rules, the defendants may have beenacquitted--a result that might have encouraged localIslamists. To avoid that possibility, security officers weregiven virtually unlimited access to the suspects while theywere in pretrial detention, and were able to extractconfessions. The trial court cooperated in the Ministry'seffort by retroactively adjusting the date of arrest to comportwith the garde-a-vue detention limits--an adjustment thatallowed the confessions to be admitted into evidence.In late 1993, the King appointed Idrissi Machichi as Ministerof Justice. A legal scholar and teacher, Machichi has aninternational reputation for integrity. While there were nofundamental changes in the legal system, Machichi hasinstituted some significant reforms. For example, judges indrug trafficking cases are now assigned on the day of trial;traffickers are thus unable to approach corrupt trial judges toarrange a pretrial dismissal of charges. Machichi's presencein office is cited by virtually every part of the legalcommunity as hope that the judicial system will eventuallyachieve the independence mandated by the Constitution.Aside from external pressures, the court system is also subjectto resource constraints. Consequently, criminal defendantscharged with less serious offenses often receive only cursoryhearings, with judges relying on police reports to renderdecisions. Although the Government provides an attorney atpublic expense for serious crimes--i.e., when the offense has amaximum sentence of over 5 years--these attorneys often provideinadequate repesentation.In July the Government took two important steps to address theproblem of political prisoners. First, the Parliamentabrogated a 1935 decree which authorized the authorities todetain any person regarded as a "threat to the sanctity of theState." Originally promulgated during the French Protectorateto suppress nationalists, the decree had become the principallegal basis for jailing political opponents.Second, the King granted royal amnesty to 424 prisoners, all ofwhom were convicted under the 1935 decree. Of the freedprisoners, CCDH determined that 11 were political prisoners and413 were criminals motivated by political concerns. Most ofthe group of 413 persons were convicted of crimes of violenceor vandalism in mass trials following the 1984 civildisturbances in Tetouan, Casablanca, and Fes, as well as the1990 disturbances in Fes and Tangier. However, several wereimprisoned for exercising free speech and may also beconsidered political prisoners. Many of the prisoners grantedamnesty had rejected government overtures for pardons inprevious years because any pardon, under applicable law, wouldhave been granted only after an admission of guilt.The released prisoners included human rights activist AhmedBelaichi, imprisoned in 1992 for televised comments critical ofthe armed forces, and Islamist leader M'barek Missouni,imprisoned in 1991 for distributing Islamist tracts. More than100 of those released are Islamists. The human rightscommunity uniformly praised the abrogation of the 1935 decreeand the amnesty as significant efforts to turn the page on adark era in Moroccan history.OMDH estimates that some 110 non-Sahrawis remain in prison. Ofthese, some 60 are Islamists. Estimates of the number ofpersons imprisoned for advocating independence for the WesternSahara vary from the Government's position that none are heldto the claims of some international NGO's that several hundredremain. f. Arbitrary Interference with Privacy, Family, Home or CorrespondenceThe Constitution states that the home is inviolable and thatthe police may not conduct a search without a warrant. The lawstipulates that search warrants may be issued by a prosecutorfor good cause. However, there continue to be reports ofillegal searches of the homes and offices of suspectedpolitical activists.Government security services monitor the activities of certainpersons and organizations, including their telephones andmail. Government informers also monitor activities onuniversity campuses.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of expression, but thelaw and tradition prohibit criticism on three topics: themonarchy, the Government's claim to the Western Sahara, and thesanctity of Islam.In 1994 a court sentenced union leader Ahmed Mlakgatt to 2years for questioning the fairness of the 1993 legislativeelections. Five residents of the coastal town of Bouznika weresentenced to 2 years for committing the same offense. In othercases, the courts sentenced three Berber activists from 1 to 2years for displaying a banner calling for the teaching ofBerber language courses in schools (see Section 1.c.), and 14members of the "Unemployed Graduate Students Association" weresentenced from 1 to 2 years for demonstrating against highunemployment. The Government released Mlakgatt, the Bouznikaresidents, and the Berber activists in a royal amnesty inJuly. The students were freed prior to the amnesty.The Government significantly restricts press freedom, thoughthe limits are not clearly defined. A 1958 decree gives theGovernment the authority to register and license domesticnewspapers and journals. It uses this licensing power toprohibit the publication of materials deemed to cross thethreshold of tolerable dissent. The authorities may seizeoffending publications and suspend the publisher's license.Article 55 of the Press Code empowers the Ministry of Interiorto censor newspapers directly by ordering them not publishreports on specific issues.In 1994 the Government closed the independent Arabic tabloid,Asrar, without explanation. The paper circumvented the closureby reorganizing as a new periodical, Asda. Security officialsprohibited the distribution of one issue of Nouvelles du Nordbecause it contained an article critical of the human rightssituation in Tunisia.The Government tolerates satirical and often stingingeditorials in the opposition parties' dailies. Particularlysharp editorials in 1994 charged a lack of political leadershipregarding the recognition of Israel and a perceivedcapitulation to the West in opening a liaison office in Israel,both areas in which policy has been orchestrated by the RoyalPalace. On the other hand, the Government restricted presscoverage of the gun-smuggling case (see Section 1.c.).The Government owns the only television station receivablenationwide without a decoder or satellite dish antenna; it doesnot impede reception of foreign broadcasts. Satellite dishesare available, at prices that decreased dramatically in 1994,and make available a wide variety of foreign broadcasts. Thesole private television station may be received in most urbanareas with the rental of an inexpensive decoder. Northernresidents may receive broadcasts from Spain with standardantennas.A great number of foreign news publications are available,particularly from Europe and the United States. The Governmentgenerally tolerates a broad spectrum of opinion in the foreignpress. This was especially true in 1994 as the Governmenthosted several international events, including the conferenceon the General Agreeement on Tariffs and Trade and the MiddleEast Economic Summit, which attracted hundreds of foreignjournalists.Despite the trend in recent years towards noninterference withthe foreign press, the Government continued to prohibit thedistribution of publications containing articles regarded asoffensive. For example, the authorities seized the March 23and April 28 editions of the French weekly Jeune Afriquebecause they contained articles respectively urging greatergovernment support for a Moroccan national accused of murder inFrance, and reporting alleged contacts between the PolisarioFront (a group seeking independence for the Western Sahara) andAlgerian Islamists. The authorities temporarily blocked thedistribution of the September 9 edition of the French daily LeMonde because it contained an interview in which a MoroccanIslamist 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 ofInterior controls the hiring of instructors, the curriculum inthe Faculty of Law, and the physical plant, including theresidences in all faculties.</text>
</content>
<name>Morocco </name>
<script></script>
</card>
card_49201.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MONGOLIA HUMAN RIGHTS PRACATICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MONGOLIADuring 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of politically motivated abductions or disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe 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 ReligionThe 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 RepatriationCitizens 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 GovernmentThe 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 RightsIn 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 StatusThe 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." WomenWomen 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. ChildrenIncreased 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 DisabilitiesPeople 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 AssociationThe 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 CollectivelyAmendments 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 LaborThe 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 ChildrenThe 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 WorkIn 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.</text>
</content>
<name>Mongolia </name>
<script></script>
</card>
card_49033.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MONACO HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MONACOMonaco 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killing. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution prohibits such practices. The authorities respect this prohibition. There were no reports of violations. d. Arbitrary Arrest, Detention, or ExileThe 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 TrialUnder 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 CorrespondenceThe 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 PressFreedom 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 AssociationThe 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 ReligionRoman 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 RepatriationResidents 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 GovernmentThe 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 RightsWhile 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 StatusThe 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). WomenWomen 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. ChildrenThere is no particular pattern of abuse of children. People with DisabilitiesThe 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 AssociationWorkers 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 CollectivelyThe 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 LaborSuch practices are outlawed and do not occur. d. Minimum Age for Employment of ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Monaco </name>
<script></script>
</card>
card_48690.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MOLDOVA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenThe law provides that women shall be equal to men before thelaw and public authorities. They are generallyunderrepresented in government and leadership positions,however, and, according to statistics, have beendisproportionately affected by growing unemployment.Women who suffer physical abuse by their husbands have theright to press charges; husbands convicted of such abuse mayreceive prison sentences (up to 6 months is not uncommon).Public awareness of the problem of violence in familiesgenerally is not very high, and no special government programsexist to combat spouse abuse. According to knowledgeablesources, women do not generally appeal to police or the courtsfor protection against abusive spouses because they areembarrassed to do so. Police generally do not consider spouseabuse a serious crime, although, when cases do reach a court,they appear to be treated seriously. Women and legalauthorities do not identify spouse abuse as a common problem. ChildrenMoldova has extensive legislation designed to protect children,including extended paid maternity leave and governmentsupplementary payments for families with many children. Thehealth system devotes extensive resources to child care. Nospecial problems with child abuse came to light in 1994. National/Racial/Ethnic MinoritiesMoldova has a population of about 4.3 million, of which 65percent are ethnic Romanian Moldovans. Ukrainians (14 percent)and Russians (13 percent) are the two largest minorities. AChristian Turkic minority, the Gagauz, lives primarily in thesouthern regions. They are largely Russian-speaking andrepresent about 3.5 percent of the population.Moldova's citizenship law, adopted in 1990, offered an equalopportunity to all persons resident in Moldova at the time ofindependence to adopt Moldovan citizenship. The CSCE's Officeof Democratic Initiatives and Human Rights praised the law asbeing very liberal. The law permits dual citizenship on thebasis of a bilateral agreement, but no such agreements were ineffect in 1994.Several steps taken in 1994 led to an improvement in therelations between Romanian/Moldovan and Russian speakers. InMarch citizens participated in a "public opinion survey"(actually, a referendum) in which they overwhelmingly voted infavor of Moldovan independence. This quieted fears expressedby the Russian-speaking population regarding reunification withRomania, an alternative which is favored by a small minority ofMoldovan citizens.The new Parliament voted to delay the implementation of thelanguage testing foreseen in the language law of 1989 and dueto begin in 1994. The principle inherent in the language lawis that, in dealing with any official or commercial entity, thecitizen should be able to pick the language to use. Officialsare therefore obligated to know Russian and Romanian/Moldovan"to the degree necessary to fulfill their professionalobligations." Since many Russian-speakers do not speakRomanian/Moldovan (while all educated Moldovans speak bothlanguages), they argued for a delay in the implementation ofthe law to permit more time to learn the language. Parliamentalso decided to review the procedures for testing and thecategories of individuals to be tested. The new Constitutionguarantees the rights of parents to choose the language ofinstruction for their children.These changes, combined with increased efforts on the part ofthe new Parliament and Government to improve interethnicrelations, led to an easing of tensions in 1994.In the separatist region, however, discrimination againstRomanian/Moldovan-speakers increased. The regime continued itsinsistence that all Moldovan schools in the region use theCyrillic alphabet only. (The Cyrillic script was used inMoldova until 1989, since "Moldovan" during the Soviet era wasofficially decreed to be a different language than Romanian,which is written in the Latin alphabet. The 1989 language lawreinstituted the use of the Latin script.) Many teachers,parents, and students have objected to returning to theCyrillic script. They believe it disadvantages the children,who are less competitive for higher education opportunities inthe rest of Moldova or even Romania. They further object sinceit is a return to one of the more oppressive and despisedpolicies of the pre-Gorbachev era. There were several studentstrikes against the policy. Some teachers have reportedly beenthreatened, and the regime has applied considerable pressure onthe schools. In response to actions by parents and teachers,who blocked railroad tracks in Benderi (Tighina) to protest theimposition of the Cyrillic alphabet, the separatist leadersmade some concessions on this issue. People with DisabilitiesWhile there is no legal discrimination against people withdisabilities, there are no laws providing for accessibility forthem, and there are few government resources devoted totraining people with disabilities. The Government does providetax advantages to charitable groups that assist the disabled.Section 6 Worker Rights a. The Right of AssociationThe 1990 Soviet law on trade unions, which was endorsed byMoldova's then Supreme Soviet and is still in effect, providesfor independent trade unions. Moldovan laws passed in 1989 and1991, which give citizens the right to form all kinds of socialorganizations, also provide a legal basis for the formation ofindependent unions. The new Constitution further declares thatany employee may found a union or join a union which defendshis interests. However, there have been no known attempts toestablish alternate trade union structures independent of thesuccessor to the previously existing official organizationswhich were part of the Soviet trade union system.The successor organization is the Federation of IndependentTrade Unions (FITU). FITU's continuing role in managing thestate insurance system and its retention of previously existingofficial union headquarters and vacation facilities provide aninherent advantage over any newcomers who might wish to form aunion outside its structure. However, its industrial or branchunions are becoming more independent entities; they maintainthat their membership in FITU is voluntary and that they canwithdraw if they wish. Virtually all employed adults aremembers of a union.FITU has insisted on the right to have union representativesinvolved in the negotiations to set wages. It opposedgovernment measures to raise prices before back salaries werepaid. In the parliamentary elections in February, several highunion officials endorsed the small opposition Social DemocraticParty and ran for Parliament on that ticket. Some of themember unions protested this decision, stating that they didnot support the Social Democratic Party and did not believe theunions should support any party. These steps indicate thatFITU has begun to play a role independent of the Government andthe governing party.Government workers do not have the right to strike, nor dothose in essential services such as health care and energy.Other unions may strike if two-thirds of the members vote for astrike in a secret ballot. There were several very small-scalelabor actions in 1994 for payment of back wages, includingbrief strikes by teachers at a police academy and employees ofa cement plant. Very high hidden unemployment and rising openunemployment made workers concerned primarily about jobsecurity.Unions may affiliate and maintain contacts with internationalorganizations. b. The Right to Organize and Bargain CollectivelyMoldovan law, which is still based on former Sovietlegislation, provides for collective bargaining rights.However, wages are set through a tripartite negotiation processinvolving government, management, and unions. On the nationallevel, the three parties meet and negotiate national minimumwages for all categories of workers. Then, each of the branchunions representing a particular industry negotiates withmanagement and the government ministries responsible for thatindustry. They may set wages higher than the minimum set onthe national level and often do, especially if the industry inquestion is more profitable than average. Finally, on theenterprise level, union and management representativesnegotiate directly on wages. Again, they may set wages higherthan negotiators on the previous level. In 1994 bargaining onthe national agreement was not completed until July, sincemanagement insisted on delaying negotiations until the newGovernment was in place after the February elections.There were no reports of actions taken against union membersfor union activities. The 1990 Soviet law on trade unionsprovides that union leaders may not be fired from their jobswhile in leadership positions or for a period after they leavethose positions. This law has not been tested in Moldova.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborArticle 44 of the new Constitution prohibits forced labor. Noinstances of forced labor were reported. d. Minimum Age for Employment of ChildrenThe minimum age for employment under unrestricted conditions is18 years. Employment of those aged 16 to 18 is permitted underspecial conditions, including shorter workdays, no nightshifts, and longer vacations. The Ministry of Labor and SocialProtection is primarily responsible for enforcing theserestrictions, and the Ministry of Health also has a role.Child labor is not used in Moldovan industry, though childrenliving on farms do sometimes assist in the agricultural sector. e. Acceptable Conditions of WorkThe minimum monthly wage of $3.50 (13.5 Moldovan lei) wasraised to $4.50 (18 Moldovan lei) in July 1994. The averagewage of $20.25 (81 Moldovan lei) does not provide a decentstandard of living for a worker and family. The newConstitution sets the maximum workweek at 40 hours, and theLabor Code provides for at least 1 day off per week. Due tosevere budgetary constraints, the Government and enterprisesoften did not meet the payroll for employees in 1994.The State is required to set and check safety standards in theworkplace. The unions within FITU also have inspectionpersonnel who have a right to stop work in the factory or finethe enterprise if safety standards are not met. Further,workers have the right to refuse to work but may continue todraw their salaries if working conditions represent a seriousthreat to their health. In practice, however, the decliningeconomic situation has led enterprises to economize on safetyequipment and generally to show less concern for worker safetyissues. Workers often do not know their rights in this area.</text>
</content>
<name> </name>
<script></script>
</card>
card_48457.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MOLDOVA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MOLDOVAMoldova, independent from the Soviet Union since 1991, adopteda new Constitution on August 27 which provides for a multipartyrepresentative government with power divided among a directlyelected 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 andformed the new Government with Andrei Sangheli as PrimeMinister, a post he has held since 1992.The Ministry of Internal Affairs has responsibility for thepolice, who continue to employ beatings in dealing with somedetainees and prisoners. The Ministry of National Securitycontrols the security organs. The Constitution assigns toParliament the authority to investigate the activities of theseMinistries to ensure they comply with legislation in effect,and it did so on several occasions. There are credibleaccusations that security forces monitor political oppositionmembers and use unauthorized wiretaps. Opposition partiesclaimed that Security Ministry officials in some casesinterfered with opposition activities during the electioncampaign. 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 allcitizens is under way. Approximately 35 percent of enterpriseswill be privatized for vouchers. However, the economy islargely based on agriculture, and agricultural privatizationcontinues to lag behind. Approximately 75 percent ofcollective farms have become joint stock companies, withownership documents being issued to collective farmers. Inaddition, over 12,000 Moldovans have claimed land and arefarming privately.The new Constitution improved protection for basic human rightsbut incorporated language potentially limiting the activitiesof political parties and the press, especially Article 32,which forbids "contesting or defaming the State and thepeople," and Article 41, which declares unconstitutionalparties that militate against the sovereignty, independence,and territorial integrity of Moldova. Interethnic relationsimproved as the new Parliament delayed the implementation ofthe controversial testing for competence in the state languageRomanian (Moldovan), which many members of the minorities donot speak. The new Constitution guarantees parents the rightto choose the language of education for their children,addressing another minority concern. Based on evaluations fromthe Council of Europe and the Conference on Security andCooperation in Europe (CSCE), the Parliament liberalized therestrictive draft press law under consideration, addressingmany of the concerns of journalists regarding the initialdraft. A draft "concept" of judicial reform, which wouldstrengthen judicial independence, was approved, but many newlaws needed to implement the concept were not enacted in 1994.Moldova remained divided, with mostly Slavic separatists stillcontrolling the Transdniester region. This separatistmovement, led by a pro-Soviet group, entered negotiations withthe Government on the possibility of a special political statusfor the region. Progress was blocked, however, by theseparatists' demands for "statehood" and the creation of aconfederation of two equal states. The CSCE and the RussianFederation acted as mediators. There are continuing crediblereports that Transdniester authorities committed human rightsabuses, although the scale of serious abuses is much smallerthan in 1992. The two sides generally observed the cease-fireof July 1992, which ended armed conflict between them. InDecember Parliament passed a law according increased localautonomy to the region in the south inhabited largely by theGagauz (Christian Turkic) minority.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingIn the Transdniester region controlled by separatist forces, anattempt was made in March to kill a controversial prosecutor,Boris Lucik. Lucik's wife and bodyguard were killed in theattempt, and Lucik was seriously injured. It is not known whoperpetrated the act; some sources accuse organized crimegroups, while others accuse political opponents within theseparatist regime. There were no other reports of politicallymotivated killings. Information from the Transdniester regionis, however, limited. b. DisappearanceThere were no reports of politically motivated disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere were no allegations of torture of civil or criminalprisoners by Moldovan authorities in 1994, but there werecredible reports that police sometimes beat prisoners orsuspects in their custody.In the Transdniester region, four Moldovans, whose trial wascriticized by international human rights organizations,complained of mistreatment, including beatings and use ofpsychoactive drugs by authorities. Their treatment improvedsomewhat in 1994, and they were permitted more regular accessto their families. Two other members of this group werereleased in 1994. One publicly stated that his evidence at thetrial implicating the others had been the result of beatingsand intimidation while in the custody of separatist authorities(see Section 1.e.). The International Committee of the RedCross (ICRC), which visited Ilie Ilascu on two occasions (1992,1993) in Tiraspol (Transdniester region), was denied thepossibility to repeat such visits, despite numerousrepresentations to the Tiraspol authorities.Prisoners complained of extremely harsh conditions in prisons,including inadequate sanitation, medical care, and foodsupplies. Prisoners also reported, credibly, that jailers didnot intervene to prevent some prisoners from abusing others.In September parliamentarians formed a special commission toinvestigate charges of misconduct toward prisoners anddetainees. d. Arbitrary Arrest, Detention, or ExileThe former Soviet Code on Penal Procedure remains in force withsome amendments. Prosecutors, rather than judges, issue arrestwarrants. Under the new Constitution, a suspect may bedetained without charge for 24 hours (previously, detention of72 hours was permitted). The suspect is normally allowedfamily visits during this period. The 72-hour time limitappeared to be generally respected; it is too soon to judgewhether the new time limit is respected as well. If charged, asuspect may be released pending trial. There is no system ofbail, but in some cases a friend or relative, in order toarrange release, may give a written undertaking that theaccused will appear for trial.Suspects accused of violent or serious crimes are generally notreleased before trial. The Criminal Code permitted pretrialdetention for up to 18 months at the prosecutor's discretion.The new Constitution permits pretrial arrest for an initialperiod of 30 days, which may be extended to 6 months. Althougharrest warrants are still issued by a prosecutor, the accusedhas the right under the new Constitution to a hearing before acourt regarding the legality of his arrest. In exceptionalcases, Parliament may approve extension of pretrial detentionon an individual basis up to 12 months.According to the new Constitution, a detained person must beinformed immediately of the reason for his arrest, and he mustbe made aware of charges against him "as quickly as possible."The accused is provided the right to a defense attorneythroughout the entire process, and the attorney must be presentwhen the charges are brought. e. Denial of Fair Public TrialThe independence of the judiciary has increased since thedissolution of the Soviet Union. The draft "concept" onjudicial reform approved by Parliament moves toward furtherconsolidating this independence but still falls short ofproviding a legal framework guaranteeing independence. The newConstitution provides that the President, on the nomination ofan expert judicial body, the Superior Council of Magistrates,appoints judges for an initial period of 5 years. They may bereappointed for a subsequent 10 years, after which they serveuntil retirement age. The fact that judges may not be removedduring their period of service should contribute to theindependence of the judiciary.While the proposed judicial reform would establish regionalcourts and an appeals court, the current structure has only twolevels: local courts on the city or district level, and theSupreme Court, which acts as an appellate court. By law,defendants in criminal cases are presumed innocent. Inpractice, prosecutors' recommendations still carry considerableweight and limit defendants' right to a presumption ofinnocence.Generally, trials are open to the public. Defendants have theright to attend proceedings, confront witnesses, and presentevidence. Defense attorneys are able to review the evidenceagainst their clients when preparing their cases. The accusedenjoys a right to appeal to the Supreme Court. In a number ofcases, decisions of the lower court were overturned on appeal.Members of the Russian-speaking minority have expressed concernthat they will not receive equal treatment before the courts.To date, no pattern of discrimination has emerged in thejudicial system. The new Constitution guarantees the right ofthe accused to have an interpreter both at the trial and inreviewing the documents in the case. If the majority ofparticipants agree, trials may take place in Russian or anotheracceptable language instead of Romanian/Moldovan.There continue to be credible reports that local prosecutorshave brought unjustified charges against individuals inretribution for accusations of official corruption, or forpolitical reasons.In 1994 a small group of former Russian army soldiers wereconvicted of a series of auto thefts. Some ethnic Russiangroups alleged that they did not receive a fair trial and thattheir treatment in detention and their sentences were undulyharsh. The soldiers appealed their convictions, but theSupreme Court let the sentences stand.In the Transdniester region, four Moldovans, members of the"Tiraspol Six," remain in prison following their conviction in1993 for allegedly assassinating two separatist officials. Twowere released during 1994. International human rights groupsraised serious questions about the fairness of the trial, andlocal organizations alleged that the Moldovans were prosecutedsolely because of their membership in the Christian DemocraticPopular Front, a Moldovan party that favors reunification withRomania (see Section 1.c.). f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceAccording to the 1990 police law, prosecutors, rather thanjudges, issue search warrants. There have been numerousinstances in which searches were conducted without warrants,and courts do not exclude evidence that was illegallyobtained. There is no judicial review of search warrants.The new Constitution specifies that searches must be carriedout "in accordance with law" but does not specify theconsequences if the law is not respected. It also forbidssearches at night, except in the case of flagrant crime.Opponents of the Government continue to claim that securityforces monitored and harassed them, especially during theelection campaign. It is widely believed that the securityforces continued to use electronic monitoring of residences andtelephones in some cases, although confirmation of suchactivities is lacking. By law, the prosecutor's office mustauthorize wiretaps and may do so only if a criminalinvestigation is under way. In practice, the prosecutor'soffice lacks the ability to control the security organs andpolice and prevent them from using wiretaps illegally.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressFreedom of speech is not abridged, and the print media expressa wide variety of political views and commentary. National andcity governments own most newspapers, but political parties andprofessional organizations, including trade unions, alsopublish newspapers.Several independent radio stations began operation in 1994,including at least one religiously oriented station. TheGovernment continues to control television (except for theincreasingly popular cable television stations) as well as themajor radio stations.While the Government does not engage in censorship, journalistscomplain that editors encourage them to soften criticisms ofgovernment officials in order to avoid confrontation andpossible retribution. In 1994 the state-run Television andRadio Company dismissed a number of employees, citing the needto reduce staff in view of budget restrictions. Manyemployees, alleging that they were dismissed for theirpolitical beliefs, appealed to the courts and were reinstated.Some press organs are making use of the new possibilities forfree expression. The city paper of Chisinau, for example,published several articles critical of police activities; whilethe Ministry of Internal Affairs responded with an angry andcritical rebuttal, there have been no reprisals by year's endagainst the newspaper.Parliament considered a new law on the press which journalistsstrongly criticized because it would have limited their rightto criticize government policies. Although Parliament approvedthe draft on the first reading, it later adopted a redraftedversion of the law taking into account recommendations from theCouncil of Europe and the CSCE, although the draft retainslanguage forbidding "contesting or defaming the State or thepeople" (restrictions also contained in the new Constitution).This restriction appears to be aimed at journalists publishingmaterial in favor of reunification with Romania and questioningthe legal right of the Republic of Moldova to exist.The Government does not restrict foreign publications. Westernpublications do not circulate widely since they are veryexpensive by local standards. Romanian and Russianpublications have also become rather more difficult to obtaindue to expense. Moldova receives television and radiobroadcasts from Romania and Russia.In the separatist Transdniester region, the authorities cut offfinancial support for two newspapers which had occasionallybeen critical of some policies and formed a new "official"newspaper. In the separatist "capital" Tiraspol, theindependent cable television station Asket came under pressurefrom authorities, taking the form of attacks on the premisesand cut cables, because it broadcast reports critical of theseparatist authorities. b. Freedom of Peaceful Assembly and AssociationThe law protects the right to peaceful assembly. The mayor'soffice generally issues permits for demonstrations; it mayconsult the national Government if the demonstration is likelyto be extremely large.In 1994 the Government refused permission for oppositionparties to use the large central square in front of thegovernment buildings for several demonstrations. They issuedpermits for a nearby park or other central locations instead.Officials threatened to take one opposition leader to courtwhen a demonstration moved closer to the government buildingsthan was authorized but took no action by year's end. InOctober opposition parties demonstrated in the central squaredespite the lack of permission; no action was taken againstdemonstrators.Private organizations, including political parties, arerequired to register, but applications are handled routinely. c. Freedom of ReligionThe practice of religion is generally free. Parliament passeda law on religion in 1992 which codified religious freedoms,although it contained restrictions that could inhibit theactivities of some religious groups. The law guaranteesfreedom of religious practice, including each person's right toprofess his religion in any form. It also provides foralternative military service for conscientious objectors,protects the secrets of the confessional, allows denominationsto establish associations and foundations, and states that theGovernment may not interfere in the religious activities ofdenominations. The law, however, also requires that religiousgroups register with the Government in order to function andthat denominations obtain specific government approval to hirenoncitizens. The law also prohibits proselytizing.Some Protestant denominations are concerned that theprohibition on proselytism could inhibit their activities,although many denominations hold large revival meetingsapparently without official interference. To date, theauthorities have taken no legal action against individuals forproselytizing, despite a substantial amount of such activity.Although Eastern Orthodoxy is not designated as the officialreligion of Moldova in the law on religion, it continued to bethe strongest religious force and exerted significantinfluence. The Government still refused to register the"Metropolitanate of Bessarabia--Old Style," which broke awayfrom the Moldovan Orthodox Church, under the authority of thePatriarch of Moscow, to adhere to the Romanian Orthodox Churchin 1992. The Government cites unresolved problems connected tothe new church's property claims as the principal reason itcannot register the group. Priests who have joined this churchhave credibly alleged that local authorities have sometimesharassed them and have taken no action to prevent theirharassment by priests who remained loyal to the majoritychurch.Protestant groups have increased their ties with coreligionistsabroad; foreign missionaries are also established in Moldova.Eighteen denominations are registered and active in Moldova,including Baha'i, followers of Krishna, and Jehovah'sWitnesses--groups that had been denied registration in thepast. The Salvation Army, however, has not been able toregister as a religious denomination because it does not meetthe requirement of having a Moldovan citizen as theorganization's legal head. It has also been unable to registeras a social organization.The Jewish community, although small, remained very active in1994. Jewish leaders report that their relations with theGovernment and local authorities are cooperative. There wereno reports of organized anti-Semitic activities in 1994. Inthe Transdniester region, Jewish leaders complained aboutanti-Semitic statements made during official celebrations ofthe separatist "republic" by an alleged Serbian nun, who gavestrongly nationalist speeches. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThere are no closed areas or restrictions on travel withinMoldova. Moldovans generally were able to travel and emigratefreely in 1994. During the first part of the year while oldSoviet legislation was still in effect, exit visas wererequired and routinely issued. The requirement for exit visaswas lifted in July. Restrictions on emigration remain inforce, however, including the requirement to gain thepermission of close relatives in order to emigrate. TheGovernment may also deny permission to emigrate if theapplicant had access to state secrets. New legislation, passedin November, retained these emigration restrictions. Suchcases, are, however, very rare, and none were reported in1994.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentMoldova held its first multiparty parliamentary elections inFebruary. International monitors from CSCE member countriesobserving the elections deemed them generally free and fair.Some observers, however, noted several problem areas, includingunequal access to the media and the use of state resources bythe dominant party.The elections were based on straight proportionalrepresentation, with a 4-percent threshold for entry intoParliament. Four parties or blocs entered Parliament. TheDemocratic Agrarian Party, the largest bloc in the formerParliament, won 56 of the 104 seats. A coalition of theSocialist Party and a minority rights organization calledEdinstvo (Unity) won 28 seats. The other seats are held by twogroups--the Peasants and Intellectuals Bloc and the ChristianDemocratic Popular Front--which emphasize the importance ofincreased use of the Romanian language in public life, closereconomic and cultural ties with Romania, and increasedprivatization of agricultural land. Some members of thesegroups advocate reunification with neighboring Romania.The new Constitution provides for the division of power betweenthe popularly elected President, the Cabinet, Parliament, andthe judiciary. The President, as Head of State, inconsultation with the Parliament appoints the Cabinet and thePrime Minister, who functions as the Head of Government. Mostof the mechanisms for manifesting this division of power,however, remained untried by year's end. Parliamentaryelections are scheduled every 4 years, as are presidentialelections.The new Constitution states that citizens are free to formparties and other social-political organizations. Acontroversial article states, however, that those organizationsthat "militate against political pluralism, the principles ofthe rule of law, or of the sovereignty, independence, andterritorial integrity of the Republic of Moldova, areunconstitutional." Opposition parties, some of which favorrapid or eventual reunification with neighboring Romania, havecharged that this provision is intended to impede theirpolitical activities. In September the prosecutor's officesuggested to the Ministry of Justice the "suspension" of theactivities of several parties until they brought theirplatforms into line with the Constitution. In particular, theprosecutor stated that the position of the Popular Front insupport of reunification was anticonstitutional, as was thealleged support of the Unity party for the federalization ofMoldova. The Ministry of Justice rejected this view, and theauthorities took no further action in 1994.The government press has also strongly criticized oppositionparties for campaigning in favor of amendments to the newConstitution, particularly provisions identifying the locallanguage as "Moldovan" rather than "Romanian" and thosepermitting the grant of special status to the separatistregions. These parties continue to collect signatures to forcea vote on their proposed amendments.There are a small number of female representatives inParliament. The Association of Moldovan Women, asocial-political organization, competed in the elections butreceived 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 Russianlanguage, with translation provided. There are no restrictionsin law or practice barring the participation of women orminorities in political life. However, the increasing use ofRomanian/Moldovan in official settings may present an obstacleto those members of minorities who do not speak the statelanguage, and women are generally not well represented inleading positions of political parties. Women hold 5 of the104 parliamentary seats.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsSeveral local human rights groups exist in Moldova. The localHelsinki Watch organization maintains contacts withinternational human rights organizations, as does the HelsinkiCitizens Assembly, whose president is the chairman of theparliamentary Human Rights Commission and leader of theminority rights movement Unity. Human rights groups operatewithout government interference.The Government welcomed and supported the work of the CSCE,which has a mission in the country to assist with finding aresolution for the separatist conflict. The Transdniesterseparatist authorities stated that they will cooperate with theCSCE mission. However, after almost a year of negotiations,they continued to refuse to permit CSCE representatives toparticipate in all meetings of the tripartite commission(Russian, Moldovan, Transdniester) which reviews violations ofthe cease-fire agreement. They did, however, agree to permitthe CSCE to participate in about half the meetings, and theyallowed the mission improved access to the "security zone"along the river dividing the separatist-controlled territoryfrom the rest of Moldova.Moldova has cooperated with the ICRC in the past, permittingvisits to prisoners from the 1992 conflict (since released).</text>
</content>
<name>Moldova </name>
<script></script>
</card>
card_48366.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: FEDERATED STATES OF MICRONESIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 FEDERATED STATES OF MICRONESIAThe 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of disappearances or abductions. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere was no known incidence of torture or other cruel, inhuman, or degrading treatment or punishment. d. Arbitrary Arrest, Detention, or ExileLegal 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 TrialPublic 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 CorrespondenceThe law prohibits such arbitrary interference, and in practice there is none.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThese 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 AssociationThe 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 ReligionThe 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 RepatriationThere are no restrictions on freedom of movement.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe 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 RightsThere 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 WomenAlthough 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. ChildrenWhile 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 MinoritiesNon-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 DisabilitiesNeither 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 AssociationCitizens 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 CollectivelyThere 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 LaborThe Constitution specifically prohibits involuntary servitude, and there is no evidence of its practice. d. Minimum Age for Employment of ChildrenThere 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 ageof 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 WorkThe 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.</text>
</content>
<name>Micronesia, Federated States of </name>
<script></script>
</card>
card_47939.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MEXICO HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationThe Constitution and Federal Labor Law (FLL) provide workersthe right to form and join trade unions of their choice. About30 percent of the total work force is organized, which impliesan effective unionization rate nearly twice that high, sinceonly about half the work force is employed in the formalprivate or public sector, accessible to union organization.No prior approval is needed to form unions, but they mustregister with federal or state labor authorities to obtainlegal status to function effectively. Registrationrequirements are not onerous. There are credible allegations,however, that federal or state labor authorities occasionallywithhold or delay registration of unions hostile to governmentpolicies, employers, or established unions, or registerextortionists or labor racketeers falsely claiming to representworkers. To remedy this latter problem, Labor Secretariat(STPS) officials require evidence that unions are genuine andrepresentative before registering them.The International Labor Organization (ILO) Committee of Experts(COE) found that certain restrictions in federal employee laborlaw, a separate section of the Constitution and FLL, violatefreedom of association. At the request of federal employeeunions, the law allows only one union per jurisdiction andforbids reelection of union officials--provisions acceptable inunion statutes but not in law. The COE welcomed the fact thatprivatization of most banks ended these legal restrictions ontheir unions.Mexican unions form federations and confederations freelywithout government approval. Most belong to such bodies.They, too, must register to get legal status. Questionabledelays occur occasionally, but none were reported in 1994.The largest trade union central is the Confederation of MexicanWorkers (CTM), organizationally part of the ruling PRI. CTM'smajor rival centrals and nearly all the 34 smallerconfederations, federations, and unions in the Labor Congress(CT) are also allied with the ruling PRI. However, theteachers' union, a large CT affiliate, severed its ties to thePRI to free its factions to cooperate openly with otherparties. Rivalries within and between PRI-allied centrals arestrong. There also are a few small labor federations andindependent unions outside the CT which are not allied to thePRI.Unions are free to affiliate with, and are often active in,trade union internationals.Union officers help select, run as, and campaign for, PRIcandidates in federal and state elections, and support PRIgovernment policies at crucial moments. This gives the unionsconsiderable influence on government policies, but limits theirfreedom of action to defend member interests in other ways,particularly when this might threaten the Government or thePRI. After the 1991 federal elections, the proportion of CTSenators and deputies fell to under 10 percent, but in 1994 theCT, and especially the CTM, regained some lost congressionalnominations, and nearly all labor candidates won handily.The Constitution and FLL provide for the right to strike. Thelaw requires 6 to 10 days' advance strike notice, followed bybrief government mediation. If federal or state authoritiesrule a strike "nonexistent" or "illicit," employees must remainat work, return to work within 24 hours, or face dismissal. Ifthey rule the strike legal, the company or unit must shut downtotally, management officials may not enter the premises untilthe strike is over, and the company may not hire strikerreplacements. The law permits public sector strikes, but theyare rare. Provisions for maintaining essential services arenot onerous.Most strike notices precede successful collective bargainingand are never implemented. During 1993, 7,200 strike noticeswere filed with federal labor boards, and 148 legal strikesoccurred. The authorities ruled only two nonexistent and noneillicit; two were withdrawn, they transferred 309 to stateboards (not federal jurisdiction), and put 702 on file awaitingfurther information.There were credible allegations that federal or state laborauthorities occasionally stretch legal requirements to rulestrikes nonexistent or illicit, or use delays to preventdamaging strikes and force settlements, but there was not aconsistent pattern. The Constitution and FLL protect labororganizations from government interference in their internalaffairs, including strike decisions, which can also protectundemocratic or corrupt union leaders. The law permits closedshop and exclusion clauses, allowing union leaders to vet andveto 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 whichwould limit union leaders' powers, but unions have successfullyresisted. However, the Government has induced de facto reformthrough tripartite national pacts (see below) and collectivebargaining at the enterprise level. b. The Right to Organize and Bargain CollectivelyThe Constitution and FLL strongly uphold the right to organizeand bargain collectively. Interest by a few employees, or aunion strike notice, compels an employer to recognize a unionand negotiate, or ask the federal or state labor board to holda union recognition election. FLL pro-union provisions leadsome employers to seek out independent, "white," or companyunions as an alternative to mainstream national or localunions. Representation elections are traditionally open, notsecret. Management and union officials are present with thepresiding labor board official when each worker openly declareshis or her vote. Such open "recounts" are prevailing practice,but not required by law or regulation. Secret ballots are heldwhen all parties agree.Annual national pacts negotiated by the Government and majortrade union, employer, and rural organizations have voluntarilylimited free collective bargaining for the past decade. Thesepacts were intended to stop inflation and to support theGovernment's free market economic reforms and structuraladjustment policies. The mainstream labor organizationsreluctantly accepted drastic reductions in members' realincomes in the late 1980's, although these regained some lostground over the last 5 years.The record in internal union democracy and transparency ismixed. Some unions are democratic, but corruption orauthoritarian and strong-arm tactics are common in others. In1994 dissidents protested, alleging such practices in four ofMexico's strongest unions. For example, they alleged fraudwhen the railroad union, an independent CT member, electedofficers in October by secret ballot, although theseallegations appeared unsubstantiated. Three of the strongestnational CTM unions--petroleum, electric, and sugarworkers--have dissident movements which accused leaders ofundemocratic or strong-arm tactics. Electric union dissidentssucceeded in pressuring the leadership into giving them severalregional leadership posts.The public sector is almost totally organized. Industrialareas are heavily organized, but states with little industryoften have few unions. The law protects workers from antiuniondiscrimination, but enforcement is uneven, especially in stateswith low unionization.Unionization and wage levels in the in-bond export sector varyby area, but, especially in the west, are lower than in mostother industries. Some observers allege poor workingconditions, inadequate wages, and employer and governmentefforts to suppress unionization. There is no evidence theFederal Government opposes unionization of these plants, whichtend to be under state jurisdiction, but some state and localgovernments, as well as some employers, are known to discourageunions. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits forced labor. There have been nocredible reports of forced labor for many years. d. Minimum Age for Employment of ChildrenThe law bans child labor and sets the minimum legal work age at14. Although the activities of those aged 14 and 15 are sorestricted as to be uneconomic (no night or hazardous work,limited hours), the ILO reported that 18 percent of childrenaged 12 to 14 work, often for parents or relatives. Enforcementis reasonably good at large and medium-sized companies,especially in export industries and those under federaljurisdiction. Enforcement is inadequate at the many smallcompanies and in agriculture. It is nearly absent in theinformal sector, despite government efforts. Most child laboris in the informal sector (including myriad underage streetvendors), agriculture, and in rural areas.The Government increased obligatory school years from 6 to 9 in1992 and made parents legally liable for their children'sattendance, as part of a reform to upgrade Mexican labor forceskills and long-term efforts to continue increasing educationalopportunities for youth. e. Acceptable Conditions of WorkThe 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-endexchange rate crisis and peso float, the 1995 minimum dailywage in Mexico City and nearby industrial areas, Acapulco,southeast Veracruz state's refining and petrochemical zone andmost border areas, was $3.27 (16.34 new pesos). Minimum wageearners are actually paid $3.70 (18.48 new pesos) by theiremployers due to a supplemental 14 percent fiscal subsidy(negative income tax or tax credit), which employers thensubtract from their own taxes. These income supplements to theminimum wage, agreed in the annual tripartite pacts, are forall income less than four times the minimum wage, decreasing aswages and benefits rise. In Guadalajara, Monterrey, and otheradvanced industrialized areas, the 1995 minimum daily wage(before the fiscal subsidy) was $3.04 (15.18 new pesos). Inother areas, it was $2.76 (13.79 new pesos).There are higher minimums for some occupations, such asbuilding trades. Few workers (12 percent, including mostwaiters and hotel workers, who depend on tips) earn only theminimum wage. Industrial workers average three to four timesthe minimum wage, earning more at bigger, more advanced, andprosperous enterprises. The 1995 minimum daily wage in pesoswas increased by 7 percent (4 percent for projected inflationand 3 percent for productivity), plus a 3-percent increase inthe fiscal subsidy--a 10-percent total increase. The 1995minimum daily wage is for the whole year, but inflationprojections have been revised upward and any of the threeparties can ask that the board reconvene during the year toconsider a changed situation, although labor and employersagreed not to do so during the first months of 1995. OnJanuary 3, 1995, labor, employers, and the Government agreed toestablish a committee to study further tax changes.The law and contract arrangements provide workers extensiveadditional benefits. Legally required benefits includeindividual retirement accounts, social security (IMSS)coverage, individual worker housing accounts, substantialChristmas bonuses, paid vacations, and profit-sharing.Employer costs for these benefits run from about 27 percent ofpayroll at marginal enterprises to over 100 percent at majorfirms with generous union contracts.The FLL sets 48 hours as the legal workweek. Workers asked toexceed 3 hours of overtime per day or work overtime on3 consecutive days must be paid triple the normal wage. Formost industrial workers, especially under union contract, thetrue workweek is 42 hours, although they are paid for 6 fulldays. This is why unions jealously defend the legal ban onhourly wages.The law requires employers to observe occupational safety andhealth regulations issued jointly by STPS and IMSS, and paycontributions which vary according to their workplace safetyand health experience ratings. FLL-mandated joint (managementand labor) committees set standards and are responsible forworkplace enforcement in plants and offices. These meet atleast monthly to consider workplace needs and file copies oftheir minutes with federal labor inspectors, who assumedjurisdiction for all such inspections in 1987, supplantingstate inspectors and strengthening inspection considerably.The inspectors schedule visits largely in response to theseworkplace committees.Individual employees or unions may also complain directly toinspectors or safety and health officials. Workers may removethemselves from hazardous situations without jeopardizing theiremployment. Plaintiffs may bring complaints before the FederalLabor Board at no cost to themselves.STPS and IMSS officials report compliance is reasonably good atmost large companies. Federal inspectors are stretched toothinly for effective enforcement if companies do not complyvoluntarily and fulfill their legal obligation to train workersin occupational health and safety matters. There are specialproblems in construction, where unskilled, untrained,poorly-educated, transient labor is common, especially at manysmall sites and companies. Many unions, particularly inconstruction, are not organized effectively to provide trainingand to encourage members to work safely and healthily, toparticipate in the joint committees, and to insist on theirrights.</text>
</content>
<name> </name>
<script></script>
</card>
card_47737.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MEXICO HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and the press.Since 1990, reforms and internal changes have made the mediamore professional, freer of the Government and morecompetitive. The Government relinquished its control overnewsprint, banned the practice of overtly paying for favorablenews coverage, and ceased to pay for journalists' travelexpenses during trips.There remained significant restrictions on these freedoms. TheGovernment used its control of a significant advertisingbudget, and its ability to reward favored journalists byproviding them access to officials, to discourage unfavorablereports. There continued to be some self-censorship by themedia. The Government controls broadcast license renewals, andsome have charged that the Government delayed renewing licensesfor stations that are critical of the Government or the PRI.On at least four occasions, radio station owners preempted anypossible problems with license renewals by firing employees whohad broadcast critical stories. Journalists are also reluctantto undermine their access to government officials bycriticizing them too freely. Many media outlets depend heavilyon government advertising and do not wish to prejudice suchincome.The media have also changed internally. Some new dailynewspapers and magazines are demanding higher education levelsfrom their reporters and paying them accordingly. Some printmedia are also implementing strict accounting procedures,making the acceptance of bribes more difficult. The electronicmedia are lagging behind their print competitors in theemphasis on training.To a surprising degree, both print and electronic mediaprovided full coverage of the Chiapas uprising. For example, acable television network broadcast a lengthy interview of EZLNleader Subcomandante Marcos. A provincial radio stationbroadcast the peace talks between the EZLN and the governmentteam live, despite government admonitions that it not do so.The EZLN also sought to control coverage of the talks, andbarred two television networks--one Mexican and oneAmerican--from its press conferences, claiming the networkswere biased in favor of the Government.The August election gave journalists an opportunity todemonstrate independence. Although only approximately10 percent of the population regularly reads a newspaper (orperhaps because of this) the move away from the traditionalpro-PRI party line was more notable in the print media.Several independent studies found that the two primaryopposition candidates for president received substantially morecoverage during the 1994 campaign than during any otherprevious election. Still, the amount of coverage of the rulingparty candidate greatly exceeded that of the opposition, andits tone was more favorable. Studies of radio and televisionelection coverage, which was justly criticized in the past asinequitable, found that electronic media coverage of theopposition also increased this year, although less dramaticallythan that of the print media. The coverage afforded the rulingparty candidate was generally favorable; coverage of theopposition was far more negative.On election day, the main cable television company (controlledby Televisa, the country's largest broadcaster and consistentlyaccused of progovernment bias) blacked out foreign programminguntil all polling places were closed. The electronic mediamade some efforts to balance coverage. For example, Televisagave equal amounts of free air and production time to all thepresidential candidates near the end of the campaign period.Violence against journalists continued. Assailants killedthree reporters in the state of Morelos; all were severecritics of the departing state administration at the time oftheir deaths. Government authorities are investigating thesecases, and the CNDH is also pursuing one. In 1990 the CNDHinitiated a limited program to investigate complaints of humanrights abuses by government officials against journalists; in1994 the CNDH made it permanent. The program, consisting ofthree phases to date, involved a total of 100 cases throughSeptember 28. The complaints involved abuses that ranged fromunlawful termination of employment to murder. The CNDHconcluded all but four cases in the three phases of the program(many on administrative grounds). It resolved 9 cases to thesatisfaction of the affected journalist; 21 others resulted inpunishment of government officials for illegal acts, and theCNDH recommended that the Government take further actionagainst the accused official in 16 cases. The CNDHdiscontinued 25 cases because victims did not pursue theirallegations.There continued to be incidents of outright intimidation. Forexample, armed intruders invaded and ransacked the offices ofthe Roman Catholic Diocese in Ciudad Juarez in August. Becausethey took only a small amount of cash but left other valuables,it did not appear that the motive was robbery. The eventfollowed a meeting at which the Bishop had pressured theAttorney General to pursue the case of murdered ArchbishopPosadas more rigorously.In late January, the curator of a Matamoros museum gaveorganizers of a photographic display portraying the conflict inChiapas 1 hour's notice to remove the display after thecommander of the Plaza Guard in Matamoros, Brig. Gen. GonzalezGarcia Silva, intimated his displeasure at the exhibit. Thecurator claimed that the expulsion was necessary in order toconduct a previously scheduled fumigation, but the short noticeand the coincidence with the General's visit indicate otherwise. b. Freedom of Peaceful Assembly and AssociationCitizens have a constitutional right to assembly andassociation which they freely and frequently exercise. Theonly requirement for holding demonstrations is that groupswishing to meet in public areas must inform local policeauthorities. c. Freedom of ReligionThe Constitution provides for the right to practice thereligion of one's choice, and the authorities generallyrespected this right. (However, see Section 5 concerningreligious discrimination.) Mexican law bars clergy fromholding public office and from advocating partisan politicalpositions. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Government does not generally restrict movement into, outof, or within the country. However, military checkpointsremained in place throughout the year in areas around EZLNstrongholds (see Section 1.g.). At the beginning of the year,the military at these checkpoints sometimes harassed volunteerswith relief caravans carrying food and medicine to EZLN-heldterritory; the situation later improved somewhat. Similarly,the military delayed several U.S. citizens working with humanrights groups at the checkpoints.The Government admitted 45,000 Guatemalan refugees fleeing fromthe civil war in that country and, as the Guatemalan conflictsubsides, is steadily repatriating them. In 1994 Mexico agreedto accept Cuban refugees for the first time; only Cubans whohave relatives in Mexico able to support them, however, areeligible. The Cubans would not be issued work permits. Theauthorities generally do not inform asylum seekers at theborders of their right to apply for asylum; the United NationsHigh Commissioner for Refugees estimates that the authoritiesexpel about 100,000 aliens annually for illegally entering thecountry.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentUnder the Constitution, citizens have the right to change theirgovernment through periodic elections. The PRI dominatesMexican politics and has controlled the Government since theparty was founded in 1929. It has won every presidentialelection since then and has maintained power, in part, byrelying on public patronage, use of government and partyorganizational resources, and, in the past, electoral fraud.Mexico held nationwide federal elections on August 21, as wellas state and local contests in seven states. Voters electedthe PRI candidate, Ernesto Zedillo, with approximately50 percent of the vote. Diego Fernandez de Cevallo, thecandidate of the right-of-center National Action Party, came insecond with almost 26 percent of the vote, while CuauhtemocCardenas of the leftist Party of the Democratic Revolutionobtained 16 percent. The PRI holds 95 of a total of 128 Senateseats and 300 seats in the 500-member Chamber of Deputies.Opposition parties increased their seats from 3 to 33 in theSenate and from 180 to 198 in the Chamber of Deputies. Twoseats remained unfilled due to legal challenges to electionresults.The elections were generally peaceful and orderly. TheGovernment spent hundreds of millions of dollars funding theoperations of the quasi-independent Federal Electoral Institute(IFE), whose governing council was placed under the control ofnonpartisan, civilian directors. The IFE oversaw thecompilation of a new voter registration list and distributionof more than 40 million new voter identification cards. TheIFE trained hundreds of thousands of polling officials, allchosen by lottery, and, working with the election assistanceunit of the United Nations, helped prepare the more than 80,000independent election observers, most of them affiliated withNGO's and civic and labor organizations.Some domestic observer groups, Mexican media outlets, and majorpolitical parties conducted "quick count" operations whichconfirmed the official results. Some international observers,including the National Democratic Institute and theInternational Republican Institute, praised the Government andthe IFE for the handling of the elections, but also pointed outnumerous irregularities. They criticized the progovernmentbias in the media and the use of government resources insupport of the ruling party. The PRD and some NGO's claimedthat the Government and the PRI perpetrated widespread fraud,including stuffing ballot boxes and multiple votes. Thesegroups, however, have yet to substantiate their claims.Election courts overturned results in a handful ofcongressional and mayoral races because of irregularities orfraud. In cases where electoral courts determine fraud, theyvoid the results of the voting stations in question anddetermine the outcome according to the returns from otherstations in the district.A severe failure in the electoral process was the lack of anymeaningful prosecution of those accused of electoral crimes.The Government appointed a special prosecutor for electoralcrimes, but the prosecutor was slow in dealing with some 400complaints, including dozens accusing state governors and otherofficials of using government resources to support candidates.The special prosecutor brought charges only against a grammarschool principal and one candidate for requiring parents toattend the candidate's campaign rally in order to retrievechildren's report cards. Even in this case, a local judgecanceled the arrest warrants, and the principal and thecandidate face no criminal proceedings.On the other hand, newly appointed Attorney General Lozano hasasked the Chamber of Deputies to strip congressional immunityfrom two PRI Federal Deputies so that the special prosecutorfor electoral crimes may prosecute them for electoraloffenses. This is the first time an Attorney General has madesuch a request in connection with electoral crimes.One of the continuing major obstacles to election reform is thedeeply entrenched antidemocratic tradition of unchecked powerexercised by local bosses ("caciques") over peasants in ruralareas. These bosses often exercise control over virtuallyevery aspect of peasants' lives, including how they vote. OneNGO that studied the results of the August 21 elections in aremote district found that there were 30 percent more votes forthe PRI in polling places where no independent observers werepresent.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsAlthough the CNDH is the official human rights ombudsman of theGovernment, it is nominally independent of government control.It has been very vocal and active in many cases, butineffectual in others, most notably the problems in Chiapas.NGO representatives charge that in addition to the obviousproblem of lack of any enforcement authority, the CNDH lacksautonomy and has become too large and bureaucratic. They alsocriticize the state commissions for being ineffectual. In theChiatas conflict, NGO's contended that PGR and CNDH activitieswere frequently inadequate and even negligent, and that the PGRin particular was more interested in protecting the army'sreputation than in conducting independent and thoroughinvestigations of alleged military abuses.In the wake of the Chiapas uprising, numerous internationalNGO's visited Mexico to investigate allegations of human rightsviolations. While some of these organizations complained aboutgovernment limits placed on access to conflict areas, thesituation steadily improved. In April one Mexican NGOcomplained that the military Attorney General's office hadasked it to answer questions regarding the factual basis forthe group's assertions regarding a human rights case againstthe army. It also asked for details on the group's activitiesin Chiapas and when the organization intended to leave thestate.Upon publication of the CNDH annual report in June, theCommission's president highlighted the problems of governmentinaction on more than half the Commission's recommendations, ofstate governors not supporting state commissions, and "severefinancial problems." In particular, the CNDH cited 103recommendations which authorities had been "negligent" inimplementing. Then President Salinas publicly called forimplementation. By the end of July, the CNDH reported thatenough progress had been made in 70 of the 103 recommendations(20 by full implementation) that it no longer considered theauthorities as negligent.In July military authorities prevented 20 members of aninternational human rights delegation from traveling to theChiapas community of Morelia. An immigration official at thescene stated that his superiors had declared the communityoff-limits to foreigners.The National Network of Civil Organizations for Human Rightsreported 86 incidents of harassment of human rights advocatesfrom April to July, including 10 detentions and 20 cases ofillegal search. Military forces conducted searches beyondtheir authority, and police conducted searches withoutwarrants. The report specifically implicated authorities inmany, but not all, of the 86 cases. Many NGO's working oncampaign reform issues reported receiving death threats.Defense Minister Antonio Riviello imprisoned Gen. JoseFrancisco Gallardo Rodriguez in November 1993 on a range ofcharges, including embezzlement and dishonoring the military.The embezzlement charges, which Gallardo claims were abandonedfor lack of evidence, date back 5 years. Gallardo maintainsthat military authorities are persecuting him because of anacademic dissertation calling for the establishment of amilitary human rights ombudsman's office. The authoritiescontinued to hold Gallardo under extraordinary security.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution states that men and women are equal before thelaw. It also provides that education should sustain the idealsof "fraternity and equal rights of all mankind, avoidingprivileges of race, sects, groups, sexes, or individuals." WomenAlthough the Constitution provides for equality between thesexes, neither the authorities nor society in general respectthis in practice. The most serious violation of women's rightsinvolves domestic and sexual violence, which is believed to bewidespread and underreported. Domestic assault is a crime, butin 10 states the "right to correct" wife and children is not acrime unless this abuse involves cruelty or unnecessaryfrequency. Women are reluctant to report abuse or filecharges, and even when notified, the police are reluctant tointervene in what is considered a domestic matter.The Attorney General's Office operates rape crisis centerslocated in the Federal District and the states of Mexico,Queretaro, and Baja California. Few women, however, availthemselves of the centers' services. In 1993 only 3,400approached the Mexico City center; the city has a femalepopulation of at least 10 million.The legal treatment of women's rights is uneven. Women havethe right to own property in their own names, and to file forseparation and divorce. However, in some states a woman maynot bring suit to establish paternity and thereby obtain childsupport, unless the child was a product of rape orcohabitation, the child resides with the father, or there iswritten proof of paternity.The Labor Code provides that women shall have the same rightsand the same obligations as men, and that "equal pay shall begiven for equal work performed in equal posts, hours of workand conditions of efficiency." According to a 1994 CNDH study,employers frequently required women to certify that they werenot pregnant at the time of hiring.The CNDH study also found that the largest number of complaintsreceived involved negligence or abuse during childbirth bymedical personnel and charges of forced sterilizations. Thestudy noted that most sterilizations occurred in publichospitals when the patients were poor, illiterate, and notinformed of the consequences of the medical procedure. TheCNDH recommended that medical administrators train their staffto be more aware when dealing with such patients. ChildrenThere is no societal pattern of abuse against children, butchildren's advocates report many cases of such abuse. Childrenunder the age of 18 make up 40 percent of the population. Anestimated 12,000 live on the streets, many having left or beendriven from their homes by alcoholic or drug-addicted parents.The children themselves often become involved with alcohol,drugs, prostitution, and petty thievery. While the Governmentand NGO's conduct a number of programs for street children, theproblem is exacerbated by corrupt police who pressure streetchildren to commit petty crimes and extort the profits fromthem. The CNDH has a program for protection of children'srights which includes educating children on their rights andreviewing legislation to ensure compliance with internationalconventions on children's rights. Indigenous PeopleThe indigenous population has long been the object ofdiscriminatory treatment, which contributed to the socialinequities in Chiapas that led to the January rebellion. Thatuprising focused unprecedented interest on the demands ofIndians in that state for increased economic and socialrights. As peace talks developed, it was clear that the EZLN'sbasic demands included that the Government enact measures toprotect indigenous cultures, establish self-governingautonomous regions in indigenous areas, and provide moreopportunity for employment in indigenous areas. Although thepeace talks stalled, the Government appeared willing toconsider these demands, not only for the Indians of Chiapas butfor all of Mexico's indigenous groups. In December the Zedilloadministration initiated a program to implement land reformlaws in Chiapas and targeted tens of thousands of hectares fordistribution to peasants.The Government, through the INI and the CNDH, operates programsto educate indigenous groups, many of members of which do notspeak Spanish, about their political and human rights, and itgenerally professes respect for their desire to retain elementsof their traditional lifestyle. The CNDH received 137complaints from indigenous people. At year's end, it hadresolved 73 complaints and 64 were pending.Some 131 NGO's in Mexico are dedicated to the promotion andprotection of indigenous rights. Indigenous people do not liveon independently governed reservations, although someindigenous communities exercise considerable local control overeconomic and social issues. These communities applytraditional law to resolve a variety of disputes, includingallegations of crimes. However, these groups remain largelyoutside the country's political and economic mainstream, aresult of longstanding patterns of economic and socialdevelopment, and in many cases their ability to participate indecisions affecting their lands, cultural traditions, and theallocation of natural resources is negligible.The 1992 reforms in agrarian law were expected to promoteeconomic development in the countryside, but indigenous groupsgenerally perceived the reforms as intended to break upindigenous communal landholdings and prevent the groups fromobtaining title to new lands. As noted earlier, despite the1991 amendment to the Federal law which requires an interpreterto be present at every stage of criminal proceedings, thecourts continued to try and sentence indigenous people withoutthe benefit of interpreters. Knowledge of the Spanish languageis essential to work outside indigenous areas, and non-Spanishspeakers are frequently taken advantage of in commercialtransactions involving bilingual middlemen.Although the law provides some protections for the indigenous,and the Government provides Indian communities support throughsocial and economic assistance programs, the legal guaranteesand social welfare programs are not sufficient to provide theIndians the basic support and standards they expect. Religious MinoritiesIn the wake of the Chiapas conflict, several Catholic leadersand groups accused of inciting the EZLN armed uprising receiveddeath threats. San Cristobal city officials reportedlyorchestrated an effort in concert with other prominent figuresto have the Bishop, considered by many observers as sympatheticto the EZLN, removed from office and expelled. In the Chiapastown of Altamirano, town leaders and other citizens accusedCatholic nuns operating a clinic of being EZLN supporters andsubjected them to intimidation designed to make them leave thecommunity. Military and civil police authorities allegedlyallowed the intimidation to proceed. The CNDH is investigatingboth cases.The Society of Jesus (the Jesuits) complained that theGovernment selectively leaked documents alleging Jesuit ties tothe Chiapas uprising and other armed movements. For example, aMexico City daily published what it said was information fromMexican intelligence authorities claiming that EZLN leaderSubcomandante Marcos was a Jesuit priest. The story wasquickly proven untrue, but the Attorney General's Officedeclined to prosecute the newspaper for libel. The Governmentalso rejected the Jesuits' request that it issue statementscorrecting this and other media stories linking the order tothe EZLN. The Jesuits also complained about unauthorized raidson Jesuit facilities in Veracruz, Chiapas, and Guererro. Inthe Guererro case, 6 heavily armed intruders allegedly brokeinto a retreat house and held priests, lay workers, and 20novices hostage while they cut phone lines, ransacked thepremises, and took away documents. The local police refused toinvestigate unless the Jesuits could identify the individualswho took part in the raids. The Jesuits also received numerousbomb and death threats; in one instance the caller ominouslyalluded to the 1991 mass murder of Jesuits in El Salvador.In the highlands of Chiapas and other indigenous areas, electedofficials sometimes acquiesced in or actually ordered theexpulsions of Protestants belonging primarily to evangelicalgroups. In many cases the expulsions involved the burning ofhomes and crops, beatings, and, occasionally, killings. Themost significant example of religious expulsions occurred inSan Juan Chamula, Chiapas, where authorities expelled anestimated 15,000 evangelicals over the past 20 years.In August state authorities and the CNDH worked out anagreement for about 500 evangelicals to return to San JuanChamula. An earlier attempt to return to the community at thebeginning of the year was unsuccessful, as the residents beatthe returnees and drove them out of town. The evangelicalslater retaliated by holding the town mayor hostage; one personwas killed when the mayor was rescued. In October a mobmurdered three evangelical returnees. The authoritiesimmediately arrested four suspects but later released them.Both sides are armed, and state officials and human rightsgroups continued to monitor the situation at year's end. People with DisabilitiesThe law requires access for handicapped persons to publicfacilities in Mexico City, but not elsewhere in Mexico. Inpractice, however, most public buildings and facilities do notcomply with the law. Special education programs for peoplewith disabilities are not widely available.</text>
</content>
<name> </name>
<script></script>
</card>
card_47455.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MEXICO HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MEXICOThe United Mexican States is a federal republic with a Presidentelected to a 6-year term, a bicameral Congress, and aconstitutionally mandated independent judicial branch. TheInstitutional Revolutionary Party (PRI) has won everypresidential election in the last 65 years, many of whichinvolved credible allegations of fraudulent practices.However, the August 21 elections and the January 1 uprising inChiapas were unparalleled events for human rights in Mexico.Both highlighted progress and underscored issues still needingto be addressed in human rights practices.In Chiapas the Government initially reacted with force, but ina significant departure from historical practice, it soonadopted a plan which rejected a military solution to end theinsurrection of the Zapatista Army of National Liberation(EZLN). With intense domestic and international mediaattention focussed on Chiapas, the Government declared aunilateral cease-fire 2 weeks after hostilities began, andundertook face-to-face peace talks with the rebels inFebruary. The military perpetrated many human rights abusesduring the earliest phase of the conflict, and, as of year'send, authorities had prosecuted no one for those abuses. Thetalks broke off in mid-May; the Government, however, continuedits offer to reestablish a dialog with the EZLN. At year'send, hostilities had not resumed. President Ernesto Zedillo,who took office on December 1, renewed the call for negotiationsand accepted a mediation role for the National MediationCommission (CONAI). Direct talks resumed on January 15, 1995.The August 21 elections were a significant step forward forMexico's democratic process. 35.5 million people--nearly 78percent of registered voters--cast ballots in the August 21elections. Despite widespread irregularities and the rulingPRI's ability to benefit from government resources andprivileged access to the news media, numerous independentobserver groups, including the highly critical nongovernmentalumbrella group Civic Alliance and a joint delegation from theNational Democratic Institute, the International RepublicanInstitute, and the Carter Center, determined that these factorsdid not alter the outcome. The elections featured severalinnovations in the electoral system, including participation ofmore than 80,000 accredited domestic observers, government-invited foreign witnesses, and electoral organs under thecontrol of nonpartisan, civilian directors.Mexican security forces, including the military, the federaland state judicial police, federal highway police, and localpolice are under the control of elected civilian officials.However, the security forces, especially the police, continuedto commit human rights abuses.Although economic reforms succeeded in reducing inflation andrestructuring the economy, a currency devaluation and financialliquidity crisis at year's end will likely have a sharplynegative impact on economic performance in 1995, including afall in real wages. Serious income disparities and areas ofsevere poverty remain. The North American Free Trade Agreement(NAFTA) between the United States, Canada, and Mexico went intoeffect at the beginning of the year.Major human rights abuses included the violence and killings inChiapas, as well as extrajudicial killings by the police,torture, and illegal arrests. Other abuses include glaringprison deficiencies, discrimination and violence against women,and extensive illegal child labor in the informal economy. TheGovernment attempted to end the "culture of impunity"surrounding the security forces through reforms in the Officeof the Attorney General (PGR), continued support to theNational Commission for Human Rights (CNDH), and establishmentof 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 judicialreforms, President Zedillo appointed a respected member of theopposition National Action Party (PAN), Antonio Lozano, asAttorney General with a mandate to implement reforms in lawenforcement. Zedillo also succeeded in enacting a package ofjudicial reforms designed to improve the performance andaccountability of the Attorney General's office and the SupremeCourt.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingsA number of political activists were killed in 1994, but apolitical motive was not clearly established in any of thesekillings. A lone gunman murdered Luis Donaldo Colosio, theruling PRI's presidential candidate, at a political rally inTijuana in March. The authorities arrested, tried, andconvicted the gunman of murder at a trial held in a federalprison, out of public view. The public prosecutor, MiguelMontes, at one point declared that the murder was the result ofa conspiracy. He later recanted this statement andsubsequently resigned.In September a gunman shot and killed Jose Francisco RuizMassieu, the Secretary General of the PRI, on a Mexico Citystreet. The police arrested and detained a suspect who wasjailed pending trial, along with several co-conspirators.However, Manuel Munoz Rocha, a PRI legislator and suspectedintellectual author of the killing, was still at large atyear's end. Deputy Attorney General Mario Ruiz Massieu, thevictim's brother, resigned his post in November, charging thatPRI and government officials obstructed his investigation. TheAttorney General's investigation into these charges did notfind the evidence sufficient for subsequent prosecution.President Zedillo, saying that the Mexican people were notsatisfied with the results of the Government's inquiries intothe Colosio and Ruiz Massieu killings, or the 1993 murder ofGuadalajara's Cardinal Posadas, instructed Attorney GeneralLozano to intensify efforts to resolve these crimes. InDecember Lozano appointed a special prosecutor to look into allthree murders.The leftist Party of the Democratic Revolution (PRD), and to alesser extent other opposition parties, asserted that therewere political killings associated with the 1994 electioncampaign. In July an unidentified car struck and killed a PRDcampaign organizer while he was jogging, and fled the scene.In August unidentified gunmen killed another PRD activist inTapachula, Chiapas. In a possible assassination attempt, thePRD's candidate for the governorship of Chiapas suffered severeinjury in August when a trailer truck collided with his minivan.The candidate has fully recovered, but two other PRD officialsdied in the incident, and two more suffered serious injury.The Attorney General's Office has not determined whether theincident was an accident or an assassination attempt.The PRD claims that, in the past 6 years, 275 party activists ormembers were the victims of political violence which, in somecases, resulted in death. By mutual agreement with the PRD,the CNDH dismissed 135 claims as unsubstantiated and proceededto investigate 140 claims. These included 90 involving themurder of 115 persons, and 17 involving serious injury. TheCNDH investigation found violations of human rights byGovernment authorities in 67, or 47.8 percent, of the 140cases. The CNDH findings included recommendations onredressing abuses. At year's end, the authorities had fullyimplemented 18 recommendations and partially implemented theremaining 49.Police and vigilantes acting on behalf of local landownerscontinued to commit extrajudicial killings while dislodgingpeasant squatters from rural lands in several states. TheGovernment's response to squatter issues, including thesekillings, has varied from state to state. To expand communalland holdings, peasants for decades have invaded private landsand petitioned for government recognition of the seizures.With recent constitutional agrarian reforms, the Governmentceased distributing new lands to "ejidos" (government-ownedcommunes); the invasions continue nonetheless.Police and vigilantes raided the Plan del Encinal community inIxhuatlan de Madero, Veracruz state, on September 8, forciblyevicting residents and taking two community leaders intocustody. The mutilated bodies of the two were found in anearby river bearing numerous close-range gunshot wounds to thehead and chest. The Veracruz state human rights commission andthe Attorney General's office are investigating the case.Veracruz state officials blocked an attempt by a team offorensic experts and nongovernmental organizations (NGO's) toconduct autopsies on the victims. The NGO's have appealed tofederal authorities for assistance.In January while searching for a suspect involved in anotherincident, the police allegedly shot and killed two farmers inJalisco state. The authorities arrested the six police officersinvolved, pending further investigation.Proceedings continued against a local police officer accused ofbeating U.S. citizen Mario Amado to death in a Baja Californiajail in 1992.The Mexican military has not yet made public the resolution ofcharges against 16 soldiers in the June 1993 killing of 5suspected narcotics traffickers in Chihuahua.Mexico is one of the countries cited by Amnesty Internationalwhere gays and lesbians are most likely to be victims of abuseand violence. At least 12 homosexuals and 9 male prostituteshave been killed in Tuxtla Gutierrez since 1991. Gay rightsadvocates charged that police made little effort to solve thesemurders. An independent prosecutor was appointed in April, butauthorities have not provided the prosecutor with adequateresources to carry out full investigations. b. DisappearanceThere were no confirmed reports of politically motivateddisappearances in 1994.The CNDH's annual report contained 461 cases of missing personsin the Chiapas conflict alone, of whom 432 had been located byMay. As of year's end, the CNDH believed no more than 10persons were still missing, but due to large movements ofpeople caused by the conflict, it was difficult to locate theremaining persons. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentTorture continues to be a serious human rights problem,although the CNDH reported a 40-percent decline in torturecomplaints over the previous year. The CNDH has noted that8 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, policeofficers continued to attempt to solve crimes by rounding uplikely suspects and then exacting confession from them.Photographs of detainees with black-eyed, swollen faces stillappear in the local press. Even high-profile suspect MarioAburto, the accused gunman in presidential candidate LuisDonaldo Colosio's assassination, claimed that police beat him;press photos and reports shortly after his arrest lend credenceto his claims. CNDH representatives were present during hissubsequent interrogations.The authorities punish few officials for torture, whichcontinues to occur mainly because confessions are the primaryevidence in many criminal convictions. The CNDH reported thatin the period from May 1993 to April 1994, the authoritiesbrought 53 cases against officials for the crime of torture; in13 cases they declined to execute the arrest warrant, andjudges denied or canceled the arrest order in another 25cases. By law the defendant must prove that a confession wasforced; but even a forced confession is not automaticallyexcluded from evidence. Many victims do not report, or do notfollow through on, their complaints against the police for fearof reprisals.Three young indigenous women charged that 10 soldiers beat andraped them at a military checkpoint in Chiapas on June 4. Themilitary immediately denied the accusation, but brought sevensoldiers before a military court that is investigating thematter. The law does not require civil trial of soldiersinvolved in civil crimes, and the military continues to handlethe case. The CNDH and some human rights advocates agree thatthe law gives the military jurisdiction over this case.On November 16, various peasant organizations comprised ofCh'ol and Tzeltal Indians organized a demonstration in the mainsquare of Palenque, Chiapas, in connection with a local landdispute. An armed group that reportedly included ranchers,local businessmen, and the Palenque municipal police forced thepeasants from the square. The police and vigilantes fired teargas at the demonstrators, burned their possessions, andtransported some of them out of town in trucks. Stategovernment officials arrived later the same day and attemptedto establish a dialog between the two sides. CNDHinvestigators arrived on November 18. Although the CNDHreceived no complaints or reports of any missing persons,Amnesty International reported that approximately 70 personsdisappeared. The captors released all the detainees afterholding 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 thekidnaping of a municipal police officer by protesters. Again,the CNDH did not receive any missing person complaints, butAmnesty International reported that unidentified forcesabducted 10 persons and held them approximately a month aswell, and then released them after being them. In both ofthese incidents in Chiapas, no authorities brought any chargesof wrongdoing against either side, nor did any officials otherthan CNDH initiate any investigation. The CNDH continued toinvestigate these matters.In 1989 an elite group of antinarcotics police was responsiblefor the kidnaping and rape of at least 19 women in Mexico City.Courts had sentenced only four of the dozen accused officers toprison at the end of 1993. The authorities released theremaining 8 officers after victims could not identify them.In some cases police officers whom one state dismissed find lawenforcement employment in another. The CNDH discovered thateven when the authorities censured some officers in one lawenforcement job, they moved on to other positions and weresubsequently charged again with human rights abuses. In aneffort to remedy this situation, the CNDH publishes lists ofcensured public servants in its annual report and monthlynewsletters.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 legalreforms reducing the number of crimes that carry mandatoryprison sentences. Prisoners complain that they must purchasefood, medicine, and other necessities from guards or bribeguards to allow the goods to be brought in from outside. Drugand alcohol use is rampant in prisons. Frequently, prisonersexercise authority within the prison, displacing prisonofficials. Conflicts between rival prison groups, ofteninvolved in drug trafficking, continued to spark lethalviolence. While the authorities prosecuted a few prisonofficials for abusing prisoners, it was more common to dismissthem or to charge them with only minor offenses. In responseto these problems, the CNDH launched a nationwide campaign toimprove prison conditions. Federal and state governments havebegun to provide funding for the construction of moderninstallations and to improve existing facilities.Some prisons, contrary to law, do not separate male and femalepopulations. In at least one prison, the authorities allowedmale trusties access to women's cells, also a violation of thelaw. At this prison, officials sometimes encouraged women toform sexual liaisons with male prisoners and guards, as suchrelationships, according to a state prison official, enhancedthe facility's peace and safety. In some cases, officialscoerced women into sexual relationships. The CNDH has 20investigators dedicated to women's issues and has a program toinspect prisons (it has visited 502 jails) and investigateprisoner complaints. d. Arbitrary Arrest, Detention, or ExileArbitrary arrest and detention continued to be among the mostcommon human rights abuses. The authorities arbitrarilyimprisoned 21 persons at the Cerro Hueco prison in March. Onlywhen the prisoners began a hunger strike to call attention totheir plight did the CNDH intervene. In the third week of thestrike, the authorities acknowledged that they had no groundsfor continuing the imprisonment, and released them.A study by the National Indigenous Institute (INI) found thatcourts had not yet sentenced 70 percent of indigenousprisoners, half of whom the authorities held in pretrialdetention for longer than allowed by law. Over the past5 years, the INI was able to have 8,000 indigenous prisonersreleased from jails, but with new entrants the currentindigenous prison population stands at 5,400. The INI hassucceeded in convincing federal prosecutors to drop chargesagainst first-time offenders accused of drug cultivation,arguing that indigenous defendants are often forced by drugtraffickers to grow the crops and do not understand the legalsignificance of their actions.Many detainees report that officials ask them to pay bribes forrelease before formal arraignment; many of those arrestedreport that they are able to bribe officials to have them dropcharges before they go before a judge. Corruption is rampantthroughout the system. Some wealthy drug traffickers haveavoided arrests or jail sentences by paying off police officersand judges. In July police officers detained a U.S. citizenand his son and drove them around Mexico City for severalhours. The officers released them after they handed over theircash and valuables, warning them not to report the incident asthe officers knew where the two lived.The Constitution provides that the authorities must presentanyone detained before a judge within 72 hours and must try theperson within 4 months if the alleged crime carries a sentenceof less than 2 years, or within 1 year if the crime carries alonger sentence. The law requires prisoners awaiting trial tobe housed separately from those convicted. In practice, thesetime limits are frequently ignored. According to the CNDH andNGO's, the authorities often held criminal defendants withconvicted prisoners, and for longer than allowed by law beforegoing to trial.To address these problems, the Government established the CNDHin 1990. The overall number of complaints filed with the CNDHincreased by 16 percent in 1994, with 6,574 complaints filedfrom January to August. Its recommendations have resulted inthe sanctioning of 1,484 public servants, the vast majoritymembers of public security forces. During the 12-month periodfrom May 1993 to May 1994, CNDH efforts resulted in sanctionsagainst 539 public servants, as follows: 119 penal actions; 54dismissals; 35 declared incompetent for public service; 86suspensions; 56 reprimands or warnings; 1 arrest; 1 fine; and190 investigations pending. The CNDH publishes the names ofall sanctioned public servants. In some cases, authoritiesapplied multiple sanctions, but CNDH statistics list casesunder the most severe sanction applied. In Chiapas, theAttorney General's office announced the dismissal of 60 percentof all state police officers (510 of 850 agents) for crimeswhile in uniform or when working as police without properregistration.The law does not permit exile, and it is not practiced. e. Denial of Fair Public TrialTrial in the Mexican judicial system, which is based on theNapoleonic Code, is a series of fact-gathering hearings atwhich the court receives documentary evidence or testimony. Inaddition officials may add notarized documents to the officialcase file without authentication. While these hearings must bylaw be open to the public, in practice the courts do not admitthe public. Journalists covering a judicial proceeding rely onthe statements of attorneys outside the courtroom as to whatoccurred inside. A judge alone in chambers reviews the casefile and makes a final written ruling based thereon. Therecord of the proceeding is not available to the public; onlythe parties and, by special motion, the victim, may have accessto the official file.In his first month in office, President Zedillo moved a packageof judicial reforms aimed at improving the performance of theMexican Supreme Court through the Congress and the 20 statelegislatures needed to amend the Constitution. These reformsincluded Senate confirmation of Supreme Court justices andrelieving the Court of administrative duties.While there is a constitutional right to an attorney at allstages of criminal proceedings, in practice many poordefendants are not adequately represented. Attorneys are notalways available during the questioning of defendants; in someinstances a defense attorney will attempt to represent severalclients simultaneously by entering different rooms to certifythat he was present although he did not actually attend thefull proceedings. In the case of indigenous defendants, manyof whom do not speak Spanish, the situation is often worse.The courts do not routinely furnish translators for them at allstages of criminal proceedings, and thus defendants may beunaware of the status of their case.Some human rights groups claim that activists arrested inconnection with land disputes and other civil disobedienceactivities are in fact political prisoners. The Governmentasserts that those charged in the sometimes violent landinvasions are fairly prosecuted for common crimes, such ashomicide and damage to property. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution protects the rights to privacy, family, home,and correspondence. The law requires search warrants, butthere were credible claims that unlawful searches withoutwarrants are common. There were no known claims of forcedpolitical membership and no substantiated claims ofsurveillance or interference with correspondence. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsThe Chiapas uprising prompted many claims of human rightsabuses. The CNDH issued an interim report in May finding thatthere was reason to believe that the military had injured orkilled civilians in aerial attacks, and that there were summaryexecutions, illegal detentions, and torture. The militarydenied any responsibility, and no military personnel orgovernment officials have been sanctioned. The CNDH has notyet issued its final report on Chiapas.On January 4, army fixed-wing aircraft fired rockets andmachine guns into villages around San Cristobal de las Casas,killing and injuring several noncombatant residents. Armypersonnel on the ground, untrained in managing close airsupport, made inaccurate target identification and contributedto the civilian casualties. The aircraft also fired on clearlyidentified journalists in the area who were displaying a whiteflag.One of the first photographs to come out of the conflict was apicture of five men apparently bound at the wrists and shotpoint blank in the head. The five were lying in a bloody poolon the floor of the market in the town of Ocosingo, somewearing what appeared to be EZLN uniforms--green pants andbrown shirts. The federal Attorney General's Office determinedin April that someone had indeed executed the five, but itexonerated the army, finding that the army was not in themarket at the time of death. National and international humanrights organizations widely criticized the PGR report, whichdisregarded evidence that the investigators could not haveaccurately fixed the time of death and that army elementsindeed were in the market on the day the five died. Also inOcosingo, the authorities later determined that 11 bodies foundin paupers' graves after the fighting ended includednoncombatant hospital patients and visitors; some witnessessaid the army gunned them down. Again, the military denied anyinvolvement; the PGR investigated the case but has yet tocharge anyone.In Morelia residents reported that the military entered acommunal farm of 100 families on January 7, forcing the men tolie face down in the village square while they led some awayfor questioning and beatings. Witnesses said they saw amilitary ambulance take away the bodies of three men, two ofthem in their sixties. Residents discovered the remains of thethree on the outskirts of the community on February 10. Thearmy denied any responsibility, claiming that the remains werenot human and that no military troops were in Morelia onJanuary 7. The army admitted, however, that troops were thereon January 6. U.S. pathologists confirmed the identity of theremains, but the Government did not file charges and closed thecase.There were also complaints that the EZLN committed human rightsabuses. The CNDH declined to investigate the charges, sincethe EZLN is not a government entity. The EZLN kidnaped andheld for 2 months a former governor of Chiapas, releasing himafter a "people's tribunal" found him guilty of crimes againstthe people. At times the EZLN collected "war taxes" at roadblocks in the areas it controlled and confiscated the privateproperty and livestock of ranchers. The EZLN announced inOctober that it would welcome an investigation by NGO's intoallegations that it had committed human rights abuses againstcivilians. The EZLN also said it was opening an office totrain its soldiers and to receive complaints of human rightsabuses.Some large landowners in Chiapas established private militiasto defend their property from peasant land invasions. Localauthorities have not impeded establishment of these militias,which often employ police and military personnel.</text>
</content>
<name>Mexico </name>
<script></script>
</card>
card_47309.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MAURITIUS HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MAURITIUSMauritius 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 andunrestrained.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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere were no reports of politically motivated disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentWhile 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 ExileUnder 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 TrialThe 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 CorrespondenceThe 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 PressFreedom 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 AssociationPolitical, 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 ReligionThere 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 RepatriationThere 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 GovernmentCitizens 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 RightsLocal 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 StatusThe 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). WomenWomen 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. ChildrenReported 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 MinoritiesDiscrimination on the basis of race, ethnicity, or caste is prohibited by law, actively discouraged by the Government, and not generally practiced. People with DisabilitiesMauritian 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 AssociationThe 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 withinternational labor bodies. b. The Right to Organize and Bargain CollectivelyThe 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 LaborForced or compulsory labor is prohibited by law and not practiced. d. Minimum Age for Employment of ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Mauritius </name>
<script></script>
</card>
card_47043.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MAURITANIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationThe Constitution provides for freedom of association and theright of citizens to join any political or labor organization.All workers except members of the military and police are freeto associate in and establish unions at the local and nationallevels.Prior to the 1993 amendment to the Labor Code, which repealedprovisions restricting trade union pluralism, thegovernment-controlled labor central, the Union of MauritanianWorkers (UTM), was the only labor confederation allowed bylaw. It remains the major worker confederation and manyworkers still view it as closely allied with the Government andthe PRDS. The Government recognized a new confederation, theGeneral Confederation of Mauritanian Workers (CGTM), which isnot affiliated with any political party, although most of itsmembers favor the opposition. It has organized some newlocals, working among the heretofore unorganized self-employedworkers, and has attracted a number of member unions from theUTM. The CGTM has protested what it characterized aspreferential treatment for the UTM by the Government.International trade union activity is minimal, but unions arefree to affiliate with international bodies. The UTMparticipated in regional labor organizations, and the CGTM wasaccepted as a member of the Ghana-based United Organization ofAfrican Workers.The bulk of the labor force is in the informal sector, withmost workers engaged in subsistence agriculture and animalhusbandry; only 25 percent are employed in the wage sector.However, nearly 90 percent of industrial and commercial workersare unionized.The law provides workers with the right to strike, and therewere several strikes and partial work stoppages. Most weresettled quickly due to limited worker and union resources andgovernment pressure. Moreover, the law stipulates thattripartite arbitration committees composed of union, business,and government representatives may impose binding arbitrationthat automatically terminates any strike.The Government did not petition the United States forreconsideration of Generalized System of Preferences (GSP)trade privileges. The United States had revoked its GSPbenefits in July 1993 for failure to respect freedom ofassociation or to take steps to eliminate forced labor,including vestiges of slavery. b. The Right to Organize and Bargain CollectivelyThe law provides that unions may freely organize workerswithout government or employer interference. Wages and otherbenefits are generally decided informally among individualunions, employers, and the Government. However, the Governmentplays a dominant role in the wage negotiations and in practicelimits collective bargaining.Laws provide workers protection against antiuniondiscrimination and employees or employers may bring labordisputes to three-person labor courts that are overseen jointlyby the Ministries of Justice and Labor. The CGTM successfullyrepresented workers before the courts in two cases in whichemployers had refused to recognize their employees' decisionsto change their affiliation from the UTM to the CGTM.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborMauritania has officially abolished slavery several times, mostrecently in 1980. Nevertheless, the legacy of slavery remains,particularly in its economic and psychological manifestations.Tens of thousands of persons whose ancestors were slaves stilloccupy positions of servitude and near-servitude, although suchpractices as coercive slavery and commerce in slaves appear tohave virtually disappeared. In most cases, those remaining ina situation of unpaid servitude do so due to a lack of economicalternatives.Some freed slaves (Haratine) have either stayed with, orreturned to, their former masters and continue to provide laborin exchange for room, board, and other basic necessities.Others live independently but continue in a symbioticrelationship with their former masters, performing occasionalunpaid labor for food, clothing, and medical care. It isdifficult to quantify the number of persons who continue tolive under conditions of involuntary servitude. Estimates fromvarious sources range from a low of a few thousand to as manyas 90,000. However, no definitive figures exist.The El Hor (literally "the free man") Movement continued topursue its agenda to eradicate the vestiges of slavery and itsassociated mentality among former slaves and slaveholders.Observers report the existence of slavery among Malianrefugees--both Tuareg and Maur--who arrived in the camps ineastern Mauritania. Informed estimates are that 10 percent ofthe 80,000 refugees in the camps are slaves. Efforts by U.N.workers in the camps to distribute food and other services tothese families separately from their masters have met withstrong resistance by the slaves themselves, who may fearretribution from their masters. d. Minimum Age for Employment of ChildrenEducation is not compulsory, and due to a lack of resourcessome 30 percent or more of school-age children do not regularlyattend government schools. Labor law specifies that no childunder the age of 13 may be employed in the agricultural sectorwithout the permission of the Minister of Labor, nor under theage of 15 in the nonagricultural sector. The law provides thatemployed children aged 14 to 16 should receive 70 percent ofthe minimum wage, and those from 17 to 18 should receive 90percent of the minimum wage. The Labor Ministry's fewinspectors provide only limited enforcement of child laborlaws; many people consider child labor laws irrelevant (seeSection 5).Young children in the countryside commonly pursue herding,cultivation, fishing, and other significant labor in support oftheir families' activities. In keeping with longstandingtradition, many children serve apprenticeships in smallindustries and in the informal sector. e. Acceptable Conditions of WorkThe minimum wage for adults is approximately $67 per month(ougiya 8,300) and has not been raised since October 1992. Itis difficult for the average family to meet its minimum needsand maintain a decent standard of living at this salary level.The standard, legal, nonagricultural work week may not exceedeither 40 hours or 6 days without overtime compensation, whichis paid at rates that are graduated according to the number ofsupplemental hours worked. The Labor Directorate of theMinistry of Labor is responsible for enforcement of the laborlaws, but in practice inadequate funding limits theeffectiveness of the Directorate's enforcement.The Ministry of Labor is also responsible for enforcing safetystandards but does so inconsistently.</text>
</content>
<name> </name>
<script></script>
</card>
card_46636.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MAURITANIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MAURITANIAMauritania is an Islamic republic. The 1991 Constitutionprovides for a civilian government composed of a dominantexecutive branch, a Senate and National Assembly, and ajudiciary. President Maaouya Ould Sid'Ahmed Taya has governedsince 1984, first as head of a military junta, and since the1992 election as head of civilian government. Electionobservers concluded that President Taya's 62-percent majorityin a four-way election was fraudulent. Most opposition partiesboycotted the subsequent parliamentary elections. ThePresident and the Government have strong military support.The Government maintains order with regular armed forces, theNational Guard, the Gendarmerie (a specialized corps ofparamilitary police), and the police. The Ministry of Defensedirects the armed forces and Gendamerie; the Ministry ofInterior directs the National Guard and police. There havebeen reported instances of these forces engaging in humanrights abuses.Mauritania, with a population of 2.2 million, has amarket-oriented economy based on subsistence farming, herdingand a small commercial sector. Drought, desertification,insect infestation, rapid urbanization, extensive unemployment,and a burdensome foreign debt handicap the economy. Inadequaterecent rainfall has contributed to urbanization, furtherstraining government finances.The major human rights problem continues to be the Government'sfailure to resolve the outstanding abuses of the 1989-92 periodin which approximately 70,000 Mauritanians were expelled orfled and some 500 members of the military were killed--almostentirely African Mauritanians. Hundreds more were tortured andmaimed. In 1993, the Parliament passed an amnesty bill topreclude legal pursuit of those responsible. The Governmenthas, however, paid pensions and compensation to some survivorsand to some families of those killed. Democratic institutionsare still rudimentary, and ethnic tensions remain high, withmany non-Hassaniya-speaking citizens continuing to feelexcluded from effective political representation.Although the Government has instituted some judicial reform, inpractice, the right to a fair trial continues to berestricted. Police often used brutal methods, and theGovernment continued to restrict political activity, seizepublications, and discriminate on the basis of language.Prison conditions are harsh and unhealthy. Societaldiscrimination and female genital mutilation remain a seriousconcern.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no confirmed reports of political killings, but twopersons are known to have died while in police custody. InApril police reportedly apprehended Ibrahima Diallo, aSenegalese taxi driver in Nouakchott, on suspicion of robbery.He later died in custody; police claimed he died of a heartattack. In September a young African-Mauritanian was arrestedin the town of Nouadhibou for petty theft and died while inpolice custody. Credible observers believe that policemistreatment was the cause of both deaths. Authorities haveinvestigated neither of these incidents. There were a numberof unexplained and uninvestigated deaths in the border regionswith Senegal and Mali.Authorities brought a police officer to trial for the 1991torture and death of a criminal suspect. The court found thepolice officer not guilty, but ordered the Ministry of Interiorto pay a "deya" or blood money to the victim's family.Extrajudicial killings from past years, primarily ofAfrican-Mauritanians, remained unresolved. The principalexample of such killing involves the death while in militarycustody of approximately 500 largely Halpulaar and Soninkemilitary and civilian personnel; the military has neverreleased the results of an internal military investigation intothis matter and has not brought charges against thoseresponsible.In June 1993, the Government passed a law granting amnesty tomembers of the armed forces and police as well as to privatecitizens involved in killings and other abuses during 1990 and1991. Lawyers representing victims' families concluded thatthe law rendered the case legally closed. The Governmentprovided pensions to some victims, as well as pensions andcompensation to approximately 277 widows and families who coulddocument their relationship to those who were killed. TheGovernment has refused the claims of approximately another 123women who could not prove their relationship to those who werekilled. Government failure to investigate and bring to justiceofficials who commit killings or other abuses has created aclimate of impunity. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe law prohibits the use of torture and other forms of cruelor inhuman punishment, but the police continue on occasion tobeat criminal suspects while in custody. Authorities rarelytried or punished persons suspected of committing such abuses.There are credible reports that several of the 60 Islamicpersons detained in September and October were tortured. Therehas been no public investigation of the detainees' claims.Security forces, assigned to forestall cross-border raids inthe Guidimaka area near the Malian and Senegalese borders, havereportedly resorted to brutality when questioning people.Prison conditions do not meet minimum humanitarian standards.There is severe overcrowding, unsanitary conditions, andinadequate food and medical treatment. There were no reportsof suspicious deaths among the prison population. The onlyreports of such deaths were among the detainees in pretrialstatus cited (see Section 1.a.). The prison in Nouakchott,which was built in 1960 for a projected prison population of200 men, now houses 700. Observers report better conditions atthe women's prison and children's detention center inNouakchott. At the Government's request, a Frenchnongovernmental organization (NGO), Pharmaciens sans Frontieres(Pharmacists Without Borders) is coordinating internationalassistance for a large-scale project to improve overall prisonconditions. d. Arbitrary Arrest, Detention, or ExileThe Constitution provides for due process and the presumptionof innocence until proven guilty by an established tribunal.It stipulates that authorities cannot arrest, detain,prosecute, or punish anyone except as provided for under thelaw. Actual application of these safeguards continued to varywidely from case to case.The law requires that courts review the legality of a person'sdetention within 48 hours of arrest. The police may extend theperiod for another 48 hours, and a prosecutor may detainpersons for up to 30 days in national security cases. Onlyafter the prosecutor submits charges can a suspect contact anattorney. There were credible reports that police detainedpersons incommunicado for extended periods without charge.Pretrial detention is extensive, and approximately 50 percentof the prison population has not yet been tried. Some indictedprisoners continue to be released before trial withoutexplanation. Familial, tribal, or political connections mayexplain some of these releases. There is a provision forgranting bail, but it is rarely used.In January police arrested the President of the MauritanianHuman Rights Association, Cheik Saad Bouh Kamara, searched hishome, and seized his papers without an arrest or searchwarrant. He was detained just under the 48 hours permissible,then released without charge. Police questioned himextensively concerning his human rights activities and hiscontacts with an international human rights mission that hadvisited Mauritania just prior to his arrest (see Section 4).In September and October, the Government detained for 2 weeksand questioned 60 people in connection with an alleged Islamistplot. Although the Government said it had evidence against thedetainees, some of whom confessed to subversive activities, theGovernment released them without charge. Observers reportedthat in most cases police failed to obtain warrants.Occasional reports of arbitrary arrests and intimidationcommitted by security forces continued, particularly incommunities along the Senegal River. e. Denial of Fair Public TrialThe executive branch controls and influences the judiciary,which is only nominally independent. The Ministry of Justiceappoints judges and subjects the courts to pressure in reachingverdicts. This influence was evident, for example, in thecourt's ruling in favor of the governing party when theopposition parties challenged some results of theJanuary-February municipal elections.In addition to government influence over verdicts, the judicialsystem's fairness is limited by poorly educated and poorlytrained judges who are susceptible to tribal and socialpressures.Moreover, Shari'a (Islamic law), tribal regulations andpersonal connections continue to dominate some judicialdecisions.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 43department-level tribunals staffed by Qadis, traditionalIslamic magistrates trained primarily in Koranic law.Mauritanians seeking legal redress in civil matters mustaddress themselves to one of these tribunals, which operate onthe basis of both Shari'a and legal codes. Three regionalcourts of appeal handle challenges to decisions at thedepartment and regional levels. Nominally independent, theSupreme Court is headed by a magistrate named to a 5-year termby the President. The Supreme Court reviews decisions andrulings made by the courts of appeal to determine theircompliance with the law. Constitutional review is the purviewof a 6-member Constitutional Council, composed of three membersnamed by the President, two by the National Assembly President,and one by the Senate President.In theory, all defendants, regardless of the court or theirability to pay, have the legal right to representation bycounsel 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 practicethese rights are not regularly applied.Courts do not treat women as equals of men with respect tolegal testimony: the testimony of two women is consideredequal to that of one man. In addition, in awarding anindemnity to the family of a woman who has been killed, thecourts grant only half the amount they would award for a man'sdeath. In addition, there are no female magistrates.There were no reported political prisoners or detainees atyear's end. The International Committee of the Red Cross(ICRC) has concluded that there are no longer any politicalprisoners and discontinued monitoring. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe law requires judicial warrants in order to execute homesearches, but the authorities often ignore this requirement.During the roundup of some 60 Islamists in September andOctober, as well during the detention of human rights monitorCheik Saad Bouh Kamara, police searched detainees' homes andseized papers without a search warrant.There were fewer reports of government surveillance ofsuspected dissidents than in previous years, although theextent to which the Government used informants is unknown.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and the press,but the Government continues to restrict these rights throughprepublication press censorship. Opposition political leaderscampaigned openly during the municipal and Senate elections inearly 1994, and the government-controlled media providedaccess, albeit limited, to opposition candidates. NGO's andthe privately owned press are openly critical of the Governmentand its leaders. Antigovernment tracts, newsletters, andpetitions circulate widely in Nouakchott and other towns.The electronic media (radio and television) and the country'stwo daily newspapers, Horizon and Chaab, are government ownedand operated. Radio is the most important medium in reachingthe public, and the official media strongly support governmentpolicies. All newspapers and political parties must registerwith the Ministry of the Interior. The Government has notrefused to register any journal but has on occasion temporarilysuspended publication of some. At times there have been asmany as 60 independent, privately owned journals, although onlyaround 20 have appeared regularly. For the most part, theseweeklies, published in Arabic or French, reached only a limitedaudience.The Ministry of the Interior reviews all newspaper copy priorto publication. The Press Law provides that the Minister ofthe Interior can stop publication of material discreditingIslam or threatening national security. Although the Ministrydid not excise material from journals or otherwise censorindividual articles, authorities seized upwards of 20individual issues of many different journals. One journal, LeCalame, was suspended for a month. In some cases, theGovernment explained its action, saying certain papers seizedcontained false allegations concerning neighboring countrieswhich 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 sevenaffiliated papers of the National Association of theIndependent Press (ANPI) suspended publication and demandedchanges in the Press Law to strengthen press independence.These journals resumed publication in mid-October, whilecontinuing to press the Government with their demands for a newpress code.The country's one university is government funded andgovernment operated. Academic freedom is generally respected,and there were no cases in which the Government preventedprofessors from pursuing their research interests, frompublication, or censored their lectures. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for freedom of assembly andassociation, and for the most part the Government respects thisright, although there have been occasions when it restrictedpublic gatherings. The law requires that all political partiesand NGO's must register with the Minister of the Interior andobtain permission for large meetings or assemblies. TheMinister of the Interior, citing the need to ensure publicorder, denied a permit to the main opposition party, the Unionof Democratic Forces-New Era (UFD-EN), to hold a march andrally to protest fraud committed during the January-Februarymunicipal elections.Over 16 political parties and a wide array of NGO's, many ofthem highly critical of the Government, met openly, issuedpublic statements, and chose their own leadership. TheGovernment recognized a number of newly formed NGOs, among thema new labor confederation, the General Confederation ofMauritanian Workers (CGTM), and the Professional Union of theIndependent Press in Mauritania (UPPIM). The Government hasnot yet granted some NGO's official sanction but allowed themto operate. It has not yet recognized the MauritanianAssociation for Human Rights, claiming that it appeals tospecific ethnic groups (i.e., the African-Mauritaniancommunity), and is a potentially divisive force. However, theGovernment allows the association to function. c. Freedom of ReligionFreedom of religion does not exist. Mauritania is an Islamicrepublic, and the law provides that all citizens are SunniMuslim and prohibited from converting to another religion. TheGovernment prohibits proselytizing by non-Muslims, andMauritanians are not allowed to enter non-Islamic houses ofworship or to possess sacred texts of other religions.The Government allows the small Lebanese Shi'a community topractice its religion privately and permits the expatriateChristian community to hold services that are restricted tonon-Mauritanians. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation.Historically there were few restrictions on travel inMauritania's traditional nomadic society. With urbanizationand travel by automobile, the Government set up regularcheckpoints on roads at which travelers are stopped and paperschecked by the Gendarmerie. Following cross-border raids fromSenegal, the Government imposed occasional temporary curfews.There were no reported cases of persons being denied passportsfor political reasons.Of the approximately 70,000 African-Mauritanians who wereexpelled by Mauritania or fled during the 1989-90 crisis, anestimated 55,000 remained in refugee settlements in Senegal.While many of the 15,000 Mauritanian Peuhl who took refuge inMali during the same crisis have integrated into thepopulation, the U.N. High Commissioner for Refugees (UNHCR)discontinued at the end of the year the limited assistance theyhad been providing to them.The impasse for the 60,000 refugees still in Senegal remainedcentered on their demands that the Government recognize theirMauritanian citizenship before they return, repatriate them asa group under international auspices, return their land, andpay compensation for their losses. The Government states thatit places no restrictions on the return of those expelled, andcontinues to encourage a gradual, case-by-case repatriation;some refugees have returned in this manner. However, theGovernment has so far failed to set up clear administrativeprocedures for expellees wishing to obtain confirmation oftheir citizenship and associated rights.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe Constitution provides citizens with this right, but theGovernment circumscribes it in practice. The 1992 multipartyelection of a civilian President ended 14 years of militaryrule, but both the opposition and international observersconcluded that the elections were fraudulent. Moreover, themilitary continued to provide strong support to the regime, andsome previous Military Council members, in addition toPresident Taya, remained in positions of power within theGovernment and armed forces.Because the major opposition parties, including the Union ofDemocratic Forces-New Era (UDF-EN), boycotted the 1992 NationalAssembly elections, the President's party, the Republican,Democratic and Social Party (PRDS), dominates the GeneralAssembly, holding 66 seats of 79. The PRDS and oppositionpolitical parties, as well as independent candidates,participated in the 1994 Senatorial elections, and PRDScandidates won all but 1 of the 18 seats at stake. Both theopposition and the government parties committed fraud duringthe 1994 elections. Municipal councils elected the Senators byindirect vote.Women have the right to vote, but few are active in politicalparties. There were seven women in senior governmentpositions, including one Cabinet-level post. There is oneelected woman senator and one mayor.Black Mauritanians are underrepresented in senior governmentpositions. Of 20 Cabinet ministers, 3 are Black Maurs, 3 arePulaars, and 1 is Soninke. The other ministers are White Maurs.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere are two human rights organizations in Mauritania, one ofwhich is the Mauritanian League for Human Rights, an officiallyrecognized body. The League has occasionally played amediating role between the Government and representatives ofthe refugees in Senegal and victims of the 1990-91 militarypurge. A second and as yet unrecognized organization, theMauritanian Human Rights Association (AMDH), while notaffiliated 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 inaddressing the vestiges of slavery (see Section 6.c.).In January the London-based International League for HumanRights and the French human rights group, Agir Ensemble,jointly visited Mauritania. Government officials met withrepresentatives of the League, but refused to meet with therepresentatives of Agir Ensemble, which had previously issued areport highly critical of the Government's human rightsrecord. Shortly after the group's departure, policeapprehended the President of the AMDH and questioned about hisinternational contacts, particularly those with Agir Ensemble(see Section 1.d.).Although the Government facilitated regular visits by theInternational Labor Organization and the ICRC, it remainedselective in its approach to NGO's and internationalorganizations. The Government asked Pharmaciens sansFrontieres to coordinate international assistance to improveprison conditions (see Section 1.c.). As in previous years,the Government and the U.S.-based Africa Watch, which haspublished articles strongly critical of the Government's humanrights record, could not agree on the terms for a visit toMauritania. Africa Watch sought written government guaranteesconcerning freedom of movemen, and unimpeded access toMauritanians; the Government would only give oral assurances.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution provides for equality before the law for allcitizens, regardless of race, national origin, sex, or socialstatus, and prohibits racially or ethnically based propaganda.In practice, the Government often accords these rights on thebasis of ethnic and tribal affiliation, social status, andpolitical ties. WomenWomen have legal rights to property and child custody and,among the more modern and urbanized population, these rightsare recognized. In theory, marriage and divorce do not requirethe woman's consent. Polygyny exists and, as sanctioned by theteachings of Islam, a woman does not have the right to refuseher husband's wish to marry additional wives. In practice,polygyny and arranged marriages are increasingly rare,particularly among the Maur population. Women also frequentlyinitiate a divorce.Traditional forms of mistreatment of women continue, mostly inisolated rural communities, but these practices appear to be onthe decline. Such mistreatment includes forced feeding ofadolescent girls (Gavage) and female genital mutilation (seebelow).Resort to abuses such as wife beating appears limited. Thepolice and judiciary occasionally intervene in domesticdisputes, but women in traditional society usually do not seeklegal redress, preferring to turn to family and ethnic groupmembers to resolve domestic disputes.There are no restrictions on the education of women. Few womenattend university and while the overall literacy rate isapproximately 34 percent, for women it is 21 percent. TheGovernment has a policy of opening new employment opportunitiesfor women in areas traditionally reserved for men, such ashealth care, communications, police, and customs services.Women are well represented in government-owned radio andtelevision, and many news broadcasters are women. The lawprovides that men and women receive equal pay for equal work.While not universally applied in practice, the two largestemployers, the civil service and the state mining company,respect this law. In the modern wage sector, women alsoreceive generous family benefits, including 3 months ofmaternity leave. ChildrenThe law does not provide any special protection for children'srights. There are programs to care for abandoned children, butresources are inadequate. The Government does not enforceexisting child labor laws; children often perform significantlabor in support of their families' activities.Female genital mutilation (FGM), most often performed on younggirls, continues to be practiced widely among all ethnic groupsexcept the Wolof. For the most part, the least severe form ofexcision is practiced, although some groups practiceinfibulation, the most severe form of FGM. Evidence indicatesthat the incidence is diminishing in the modern urban sector.The Government, however, does not attempt to interfere withthese practices although government health workers try toeducate women to the dangers of the practice and of the factthat it is not a requirement of Islam. National/Racial/Ethnic MinoritiesEthnic and cultural tension and alleged discrimination arisefrom the geographic and cultural line between traditionallynomadic Arabic-speaking (Hassaniya) Maurs of the North andblack African herders and sedentary cultivators along theSenegal River in the South. Though culturally homogeneous, theMaurs are divided among numerous tribal groups and are raciallydistinguished as White Maurs (Beydane) and Black Maurs. Themajority of the Black Maurs are Haratine, literally "one whohas been freed," although some Black Maur families were neverenslaved. The southern African-Mauritanians are the Halpulaar(the largest group), the Wolof, and the Soninke. White Maursdominate positions in government, business, and the clergy.African-Mauritanians are underrepresented in the military andsecurity sectors. They, like human rights groups, contend thatthis is based on ethnic and linguistic discrimination.Ethnic tensions surfaced dramatically in the mass expulsions ofAfrican-Mauritanians in 1989-90 and the settlement in theSenegal River area by both White and Black Maurs.Black Africans charge that the Government is misusing the 1983land reform law to allow Maurs to encroach on fertile land inthe Senegal River valley which traditionally has been thepreserve of black Africans. The Government claims the land wasunderutilized and used by traditional landowners to maintain afeudal system of serfdom.Language has been a divisive issue since Mauritania'sindependence and the establishment of Arabic as the nationallanguage in 1973. Successive government regimes--both civiland military--which pursued a policy of "Arabization" in theschools and in the workplace have exacerbated interethnictensions, putting non-Arabic-speaking African-Mauritanians at adisadvantage.The Government has attempted to institute a flexibleeducational program permitting primary education in multiplelanguages: Arabic, French, or one of the three Africanlanguages. One result, however, is that in seeking admissionto the university, students not having elected Arabic are at adisadvantage. The linguistic debate and ethnic tension extendeven to the language used in law school diplomas.Overt tensions between ethnic groups have lessened since theexplosive ethnic violence of 1989 to 1991, when theGovernment's extrajudicial expulsions and reprisals by thesecurity forces were clearly based on ethnicity. Nevertheless,hostility and bitterness persist among the Black Maur andAfrican majority. However, there is little cultural identityor political cohesion within them. People with DisabilitiesThe Government does not mandate preference in employment oreducation or public accessibility for disabled persons, butprovides some rehabilitation and other assistance for thedisabled.</text>
</content>
<name>Mauritania </name>
<script></script>
</card>
card_46357.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MARSHALL ISLANDS HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MARSHALL ISLANDSThe 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe Constitution provides for freedom of peaceful assembly and association, and this is observed in practice. c. Freedom of ReligionThe 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 RepatriationCitizens 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 GovernmentThe 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 RightsWhile 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 StatusThe 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. WomenInheritance 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. ChildrenThe 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 DisabilitiesThere 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 AssociationThe 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 CollectivelyThere 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 LaborThe Constitution prohibits involuntary servitude, and there is no evidence of its practice. d. Minimum Age for Employment of ChildrenThe 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 WorkThere 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.</text>
</content>
<name>Marshall Islands </name>
<script></script>
</card>
card_46090.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MALTA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MALTAMalta 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or extrajudicial killing. b. DisappearanceThere were no known instances of political disappearance. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution prohibits inhuman or degrading punishment or treatment. There were no reports of violations. d. Arbitrary Arrest, Detention, or ExileThe 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe Constitution provides for the right of peaceful assembly. Police permits are routinely issued for political meetings and other public activities. c. Freedom of ReligionThe 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 RepatriationThe 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 GovernmentCitizens 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 RightsVarious 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 StatusThe Constitution and law prohibit discrimination based on gender; they do not address other discriminatory factors. WomenThe 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. ChildrenThe 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 DisabilitiesThe 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 AssociationWorkers 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 CollectivelyWorkers 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 LaborThe Constitution bans forced labor, and it does not occur. d. Minimum Age for Employment of ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Malta </name>
<script></script>
</card>
card_46027.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MALI HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MALIMali 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere 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 PunishmentPrison 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 ExileThe 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe 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 ReligionMali 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 RepatriationThe 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 GovernmentCitizens 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 RightsThere 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 WomenThe 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. ChildrenThere 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 DisabilitiesThere 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 AssociationThe 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 CollectivelyTrue 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 LaborThe 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 ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Mali </name>
<script></script>
</card>
card_45603.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MALDIVES HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MALDIVESThe 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or extrajudicial killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere 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 ExileThe 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 TrialThere 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 CorrespondenceThe 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 PressCitizens 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 AssociationArticle 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 ReligionFreedom 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 RepatriationCitizens 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 GovernmentMaldivians' 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 RightsThere 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 WomenWomen 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. ChildrenThere 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 DisabilitiesThere 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 AssociationWhile 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 CollectivelyThe 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 LaborForced or compulsory labor is not prohibited by law. There are no reports that it is practiced. d. Minimum Age for Employment of ChildrenThere 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 WorkIn 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.</text>
</content>
<name>Maldives </name>
<script></script>
</card>
card_45397.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MALAYSIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995In most cases the police released those detained within 24hours.In 1991 and 1992, separate groups of asylum seekers (totalingapproximately 300) from the Indonesian province of Aceh arrivedin northwestern Malaysia, allegedly fleeing violence stemmingfrom a separatist rebellion in Indonesia. These asylum seekersrequested refugee status, and their plight has receivedattention by international and local human rightsorganizations. Although the Government has refused torecognize them as political refugees, in early 1994 it offeredto regularize the status of Acehnese in Malaysia and releasethose being held in detention. The Government offer to thosein immigration facilities and to the group residing at the U.N.High Commissioner for Refugees (UNHCR) compound includedpromises of jobs on plantations and the same residency permitsenjoyed by other guest workers. The Acehnese rejected theMalaysian offer, contending they were political refugees, noteconomic migrants. As of December 20, 131 Acehnese were beingheld in immigration detention facilities, and 53 were residingat the UNHCR compound in Kuala Lumpur. The latter were part ofa group of Acehnese who took refuge in the UNHCR compound in1992 demanding refugee status. Members of this group come andgo freely, although one has been detained. In 1994 there wasno evidence of forced repatriation of Acehnese although theGovernment has offered to assist those who wish to returnvoluntarily. According to government sources, approximately163 Acehnese asylum seekers had returned home voluntarily as ofJune 1993.Having provided first asylum to more than 254,000 Vietnameseboat refugees since 1975, the Government began to deny firstasylum to virtually all arriving Vietnamese in May 1989, incontravention of its commitments under the Comprehensive Planof Action (CPA) on Indochinese refugees adopted in 1989. FromMay 1989 to November 1993, Malaysia denied first asylum to10,495 Vietnamese boat people, of whom all but 145 arrived in1989-90. In late 1993 the Government reversed this policy andpermitted a boat carrying three Vietnamese asylum seekers toland and be screened by the UNHCR for refugee status underprovisions of the CPA. In addition, four Vietnamese who hadarrived by land and were being held in immigration detentionfacilities were transferred to the Sungei Besi refugee camp andscreened for refugee status. In 1994 the Government returnedto full compliance with first asylum provisions of the CPA. Inaccordance with the CPA, Malaysia finished screening Vietnameseboat people in its first-asylum camps. Final appeals werereviewed in September. Malaysian military officers do thescreening, with legal consultants from the UNHCR present duringeach interview. As of December 20, about 5,464 Vietnameseremained in camps in Malaysia. The Government has reiteratedthat it will not forcibly return screened-out asylum seekersbut will continue to urge voluntary repatriation. UNHCRofficials have praised the Government's treatment of Vietnameseasylum seekers in Malaysia under provisions of the CPA.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentBy law citizens have the right to change their governmentthrough periodic elections, which are procedurally free andfair, with votes recorded accurately. In practice, however, itis very difficult for opposition parties to compete on equalterms with the governing coalition (which has held power at thenational level since 1957) because of some electoralirregularities and legal restrictions on campaigning, as wellas restrictions on freedom of association and of the press.Malaysia has a Westminster-style parliamentary system ofgovernment. National elections, required at least every 5years, have been held regularly since independence in 1957.Through the UMNO, Malays dominate the ruling national frontcoalition of ethnic-based parties that has controlledParliament since independence. Within the UMNO there is activepolitical debate.Non-Malays fill 8 of the 25 cabinet posts. The Governmentcoalition currently controls 12 of 13 states. Ethnic Chineseleaders of a member party of the government coalition holdexecutive power in the state of Penang. An Islamic oppositionparty controls the northern state of Kelantan.Women face no legal limits on participation in government andpolitics, but there are practical impediments. Women arerepresented in senior leadership positions in the Government insmall numbers, including two cabinet-level ministers. Womencomprise approximately 6 percent (holding 11 seats out of 180)of the elected lower house of Parliament and approximately 19percent (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 RightsAfter a 2-year struggle for registration, the National HumanRights Association, a local human rights society of prominentMalaysians, began operating in 1991. This association publiclycriticizes the Government, although it does not investigate thegovernment except in response to individual complaints. Itseeks repeal of the ISA and is reviewing Kelantan's efforts toimpose Islamic restrictions in that state. A number of otherorganizations, including the Bar Council and public interestgroups, devote attention to human rights activities. TheGovernment tolerates their activities but rarely responds totheir inquiries or occasional press statements. Malaysianofficials criticize local groups for collaborating withinternational human rights organizations, representatives ofwhich have visited and traveled in Malaysia but rarely havebeen given access to government officials. In 1992 a groupseeking to form a local chapter of a prominent internationalhuman rights organization appealed a government rejection oftheir application under the Societies Act. In 1993 theGovernment rejected the appeal.The Government has not acceded to any of the majorinternational treaties on human rights, generally maintainingthat such issues are internal matters. It rejects criticism ofits human rights record by international human rightsorganizations and foreign governments. However, during 1993and 1994, the Prime Minister and other cabinet officials werevocal advocates of human rights with respect to Serbianatrocities in Bosnia and Herzegovina.Foreign government officials have discussed human rights withtheir Malaysian counterparts, and private groups occasionallyhave done so.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenThe cultural and religious traditions of Malaysia's majorethnic groups heavily influence the condition of women inMalaysian society. In family and religious matters, Muslimwomen are subject to Islamic law. Polygyny is allowed andpracticed to a limited degree, and inheritance law favors maleoffspring and relatives. The Islamic Family Law was revised in1989 to provide better protection for the property rights ofmarried Muslim women and to make more equitable a Muslimwoman's right to divorce.Non-Muslim women are subject to civil law. Changes in theCivil Marriage and Divorce Act in the early 1980's increasedprotection of married women's rights, especially those marriedunder customary rites.Nongovernmental organizations (NGO's) concerned about women'sissues push for legislative and social reforms to improve thestatus of women. These groups raise issues such as violenceagainst women, trafficking in women and young girls, employmentopportunities with equal pay, and greater participation bywomen in decisionmaking positions. Statistics on domesticviolence are sketchy, but government leaders have identifieddomestic violence as a continuing social ill. The Governmentis taking steps to address the problem. In May Parliamentpassed the first domestic violence bill after 8 years oflobbying by women's groups. It offers a broad definition ofdomestic violence, gives powers to the courts to protectvictims, and provides for compensation and counseling forvictims. However, it fails to make an act of domestic violencea criminal offense, and women's groups have criticized it onthose grounds. Those covered under the bill include a spouse,former spouse, a child, an incapacitated adult, or any othermember of the family. Cases of wife beating or child abusenormally are tried under provisions of the Penal Code governingassault and battery, which carry penalties of 3 months to 1year in prison and fines up to $300. Women's issues continuedto receive prominent coverage in public seminars and the mediain 1994.Government policy supports women's full and equal participationin education and the work force. Women are represented ingrowing numbers in the professions, although theirparticipation as of 1990 in the administrative and managerialoccupations was less than 1 percent, and they generally receivelower wages. In the scientific and medical fields, women nowmake up more than half of all university graduates and thetotal intake of women into universities increased from 29percent in 1970 to 44 percent of the student population in1990. The participation of women in the labor force increasedfrom 37 percent in 1970 to 47 percent in 1990, including atripling of the number of women involved in manufacturing.In the opposition-controlled state of Kelantan, the stategovernment has imposed restrictions on all female workers,including non-Muslims. Female workers cannot work at night andare restricted in the dress they may wear in the workplace.The state government justifies these restrictions as reflectingIslamic values. Given Malaysia's federal structure ofgovernment, there are no legal means, short of amending theConstitution, by which the central Government can overturn suchstate laws. ChildrenThe Government is committed to children's rights and welfare;it spends roughly 20 percent of its current budget oneducation. According to statistics publicized by the NationalUnity and Social Development Ministry, 1,064 cases of childabuse were reported in 1993. The Government has taken somesteps to deal with the problem. Parliament passed theChildren's Protection Act in 1991, effective in 1993. In 1994public attention and debate on child abuse increasedsignificantly as Malaysia hosted the worldwide conference ofthe International Society for the Prevention of Child Abuse andNeglect. In 1994 Malaysian news media featured regularreports, commentary, and graphic public service announcementson these social problems.Statistics on the extent of child prostitution are notavailable, but women's organizations have highlighted theproblem of trafficking in underage girls. The Health Ministryannounced that it would work closely with the police to stampout child prostitution, and some brothel owners have beenprosecuted. Indigenous PeopleIndigenous groups and persons are accorded the sameconstitutional rights as the rest of the population, along withthe same limitations. In practice, federal laws pertaining toindigenous people vest almost total power in the Minister ofNational Unity and Social Development to protect, control, andotherwise decide issues concerning them. As a result,indigenous people have very little ability to participate indecisions. State governments make decisions affecting landrights in peninsular Malaysia. The law does not permitindigenous persons (known as Orang Asli) in west Malaysia, whohave been granted land on a group basis, to own land on anindividual basis. In some cases, groups of Orang Asli haveapplied for titles, but state authorities have not providedthem. Land disputes between Orang Asli and others resulted inthree people being killed in April 1993. In February 1994,Orang Asli from Perak complained to their member of Parliamentabout encroachment on their land.In east Malaysia, although state law recognizes indigenouspeople's right to land under "native customary rights," thedefinition and extent of these lands are in dispute.Indigenous people in the state of Sarawak continue to protestthe alleged encroachment by the State or private loggingcompanies onto land that they consider theirs by virtue ofcustomary rights. In Sarawak in 1992 the Government arrested95 indigenous people who protested these alleged encroachments.The protests and arrests continued in 1993, and, in January1994, four persons were arrested in Sarawak for attempting tostop a logging company from operating within what they claimedwas their native customary rights land area.According to government figures, the indigenous people inpeninsular Malaysia, who number fewer than 100,000, are thepoorest group in Malaysia. However, according to Malaysiangovernment officials, Orang Asli are gradually catching up toother Malaysians in their standard of living, and thepercentage of Orang Asli who were still leading a nomadiclifestyle has dropped to 49 percent. National/Racial/Ethnic MinoritiesEthnic minorities are represented in cabinet-level positions ingovernment, as well as in senior civil service positions.Nevertheless, the political dominance of the Malay majoritymeans in practice that ethnic Malays hold the most powerfulsenior leadership positions in government.The Government implements extensive "affirmative action"programs designed to boost the economic position of the ethnicMalay majority, which remains poorer, on average, than theChinese minority despite the former's political dominance.Such government affirmative action programs and policies do,however, limit opportunities for non-Malays in highereducation, government employment, business permits andlicenses, and ownership of newly developed agricultural lands.Indian Malaysians continue to lag behind in Malaysia's economicdevelopment, although the national economic policies targetless advantaged populations regardless of ethnicity. Theseprograms, which have operated since the 1969 riots, are widelycredited with helping assure the generally strife-free ethnicbalance. People with DisabilitiesWhile the Government does not discriminate against physicallydisabled persons in employment, education, and provision ofother state services, budgetary allotments for people withdisabilities are very small. Public transportation, publicbuildings, and other facilities are not adapted to the needs ofthe disabled, and the Government has not mandated accessibilityfor the disabled, through legislation or otherwise. Specialeducation schools exist, but they are not sufficient to meetneeds.Disabled persons work in all sectors of the economy, but theprevalent feeling in society remains that disabled peoplecannot work. In May the Government did take a major step toacknowledge the rights of those with disabilities when theDeputy Prime Minister signed the Economic and Social Commissionfor Asia and the Pacific (ESCAP) Proclamation on FullParticipation and Equality of People with Disabilities in theAsia and Pacific region. By signing this agreement, theGovernment committed itself to implementing new policyinitiatives and actions aimed at systematically improving theliving conditions of people with disabilities.The Government has sought to register those with disabilitiesunder four categories--blind, deaf, physical, mental--and byMay had identified 60,632 persons with disabilities. It isestimated that there are 180,000 persons with disabilities inMalaysia.Section 6 Worker Rights a. The Right of AssociationBy law most workers have the right to engage in trade unionactivity, and 12 percent of the work force are members of tradeunions. Exceptions include certain limited categories ofworkers labeled "confidential" and "superskilled," as well asdefense and police officials. Within certain limitations,unions may organize workplaces, bargain collectively withemployers, and associate with national federations.The Industrial Relations Act prohibits interfering with,restraining, or coercing a worker in the exercise of the rightto form trade unions or in participating in lawful trade unionactivities. The Trade Unions Act, however, restricts a unionto representing workers in a "particular establishment, trade,occupation, or industry or within any similar trades,occupations, or industries," contrary to International LaborOrganization (ILO) guidelines. The Director General of TradeUnions (DGTU) may refuse to register a trade union and, in somecircumstances, may also withdraw the registration of a tradeunion. When registration has been refused, withdrawn, orcanceled, a trade union is considered an unlawful association.The Government justifies its overall labor policies by positingthat a "social compact" exists wherein the Government,employer, and worker are part of an overall effort to createjobs, train workers, boost productivity and profitability, andultimately provide the resources necessary to fund humanresource development and a national social safety net.Trade unions from different industries may join together innational congresses, but must register as societies under theSocieties Act. Government policy discourages the formation ofnational unions in the electronics sector; it believesenterprise-level unions are more appropriate for this sector.At year's end, there were six such enterprise-level unionsregistered in the electronics industry (it takes only sevenworkers to form a union) of which four were recognized throughelections in which they represented 50 percent plus 1 of theworkers, and two had collective bargaining agreementsnegotiated with their employers. In one case in 1990, acompany dismissed all members of one of these unions. Theunion charged the company with union-busting and wrongfuldismissal in industrial court. The case was filed in September1990; the union appealed an industrial court decision of May1994 (in favor of the company) to the High Court. The courthas set a hearing date for February 21, 1995. Restrictions onfreedom of association in the electronics industry have beenthe subject of complaints to the ILO.Unions maintain independence both from the Government and fromthe political parties, but individual union members may belongto political parties. Although union officers are forbidden tohold principal offices in political parties, individual tradeunion leaders have served in Parliament as oppositionpoliticians. Malaysian trade unions are free to associate withnational labor societies that exercise many of theresponsibilities of national labor unions, though they cannotbargain for local unions. Enterprise unions also can associatewith international labor bodies and actively do so.Although strikes are legal, the right to strike is severelyrestricted. Malaysian law contains a list of "essentialservices" in which unions must give advance notice of anyindustrial action. The list includes sectors not normallydeemed "essential" under ILO definitions. There were 18strikes in 1993 resulting in a loss of 7,162-man days. Most ofthe strikes (13) were in the plantation sector; only 3 strikestook place in the manufacturing sector.The Industrial Relations Act of 1967 requires the parties tonotify the Ministry of Human Resources that a dispute existsbefore any industrial action (strike or lockout) may be taken.The Ministry's Industrial Relations Department may then becomeactively involved in conciliation efforts. If conciliationfails to achieve a settlement, the Minister has the power torefer the dispute to the Industrial Court. Strikes or lockoutsare prohibited while the dispute is before the IndustrialCourt. According to 1994 data, the Industrial Court found forlabor in 62 percent of its cases and for management in 14percent. The remaining 24 percent were settled out of court.The Industrial Relations Act prohibits employers from takingretribution against a worker for participating in the lawfulactivities of a trade union. Where a strike is legal, theseprovisions would prohibit employer retribution against strikersand leaders. In the absence of any reports of employerretribution, it is not possible to assess whether theseprovisions are effectively enforced.There are three national labor organizations currentlyregistered: one for public servants, one for teachers, and onefor employees of state-based textile and garment companies.Public servants have the right to organize at the level ofministries and departments. There are three national jointcouncils representing management and professional civilservants, technical employees, and nontechnical workers. b. The Right to Organize and Bargain CollectivelyMalaysian workers have the legal right to organize and bargaincollectively, and collective bargaining is widespread in thosesectors where labor is organized. Malaysian law prohibitsantiunion discrimination by employers against union members andorganizers, though some union leaders say the legal system isnot capable of dealing promptly and fairly with theircomplaints. Charges of discrimination may be filed with theMinistry of Human Resources or the Industrial Court. Whenconciliation efforts by the Ministry of Human Resources fail,critics say the Industrial Court is slow in adjudicating workercomplaints.Companies in free trade zones (FTZ's) must observe laborstandards identical to those elsewhere in Malaysia. Manyworkers at FTZ companies are organized, especially in thetextile and electrical products sectors. During 1993 theGovernment proposed amendments to the Industrial Relations Actto remove previous restrictions on concluding collectiveagreements about terms and conditions of service in "pioneerindustries." Legislative concurrence, which had been expectedby year's end, did not take place because of other pressinglegislative initiatives. The Government took these measures inpart to respond to ILO criticism of its previous policy withrespect to pioneer industries. The ILO continues to object toother legal restrictions on collective bargaining. Some laborleaders criticized amendments to Malaysia's Labor Law in 1980,designed to curb strikes, as an erosion of basic workerrights. The labor critics contend that these changes do notconfirm to ILO standards. c. Prohibition of Forced or Compulsory LaborThere is no evidence that forced or compulsory labor occurs.In theory, certain Malaysian laws allow the use ofimprisonment, with compulsory labor as a punishment for personsexpressing views opposed to the established order or whoparticipate in strikes. The Government maintains that theconstitutional prohibition on forced or compulsory laborrenders these laws without effect. d. Minimum Age for Employment of ChildrenThe Children and Young Persons (Employment) Act of 1966prohibits the employment of children younger than the age of14. The act permits some exceptions, such as light work in afamily enterprise, work in public entertainment, work performedfor the Government in a school or training institution, or workas an approved apprentice. In no case may children work morethan 6 hours per day, more than 6 days per week, or at night.Ministry of Human Resources inspectors enforce these legalprovisions. In December a Japanese electronics firm was fined$5,400 for violating the Children and Young Persons Act. Thiswas the first time a large firm has been fined under the Act.According to credible reports, child labor is still prevalentin certain sectors of the country, but not those which exportto the United States. A joint report by the InternationalConfederation of Free Trade Unions and the Asian and PacificRegional Organization put Malaysia's child work force at75,000. In the last nationwide survey of child laborundertaken in 1980, it was estimated that more than 73,400children between the ages of 10 to 14 were employedfull-time. NGO surveys indicate that most child laborers areemployed on agricultural estates but there are indications thatsome are being employed in small factories. Governmentofficials deny the existence of child labor and maintain thatchild laborers have been replaced by foreign guest workers. e. Acceptable Conditions of WorkMalaysia does not have a national minimum wage, but the WageCouncils Act provides for a minimum wage in those sectors orregions of the country where a need exists. Under the law,workers in an industry who believe they need the protection ofa minimum wage may request that a "wage council" beestablished. About 140,000 workers, or 2 percent of the over7-million-member labor force, are covered by minimum wages setby wage councils. Representatives from labor, management, andthe Government sit on the wage councils. The minimum wages setby wage councils generally do not provide for an adequatestandard of living for a worker and family. However,prevailing wages in Malaysia, even in the sectors covered bywage councils, are higher than the minimum wages set by thewage councils and do provide an adequate living.Under the Employment Act of 1955, working hours may not exceed8 hours per day or 44 hours per workweek of 5 1/2 days. Eachworkweek must include one 24-hour rest period. The Act alsosets overtime rates and mandates public holidays, annual leave,sick leave, and maternity allowances. The Labor Department ofthe Ministry of Human Resources enforces these standards, but ashortage of inspectors precludes strict enforcement. InOctober 1993, Parliament adopted a new Occupational Safety andHealth Act (OSHA) which covers all sectors of the economy,except the maritime sector and the military. The Actestablished a National Occupational Safety and Health Council,composed of workers, employers, and government representatives,to set policy and coordinate occupational safety and healthmeasures. It requires employers to identify risks and takeprecautions, including providing safety training to workers,and compels companies having more than 40 workers to establishjoint management-employee safety committees. The Act requiresworkers to use safety equipment and to cooperate with employersto create a safe, healthy workplace.There are currently no specific statutory or regulatoryprovisions which create a positive right for a worker to removehimself or herself from dangerous workplace conditions withoutarbitrary dismissal. Employers or employees violating the OSHAare subject to substantial fines or imprisonment for up to 5years.Significant numbers of contract workers, including numerousillegal immigrants from Indonesia, work on plantations.Working conditions for these laborers compare poorly with thoseof direct hire plantation workers, many of whom belong to theNational Union of Plantation Workers. Moreover, immigrantworkers in the construction and other sectors, particularly ifillegal entrants, may not have access to Malaysia's system oflabor adjudication. Government investigations into thisproblem have resulted in a number of steps to eliminate theabuse of contract labor. For example, in addition to expandingprograms to regularize the status of immigrant workers, theGovernment investigates complaints of abuses, endeavors toinform workers of their rights, encourages workers to comeforward with their complaints, and warns employers to endabuses. Like other employers, labor contractors may beprosecuted for violating Malaysia's labor laws. The Governmenthas taken action against labor contractors who violate the law,and has assessed fines. The minimum fine currently assessed bylaw is $8,000. In principle, serious violators can be jailed,but, in practice, such punishments are rare.</text>
</content>
<name> </name>
<script></script>
</card>
card_45093.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MALAYSIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MALAYSIAMalaysia is a federation of 13 states with a parliamentarysystem of government based on periodic multiparty elections butin which the ruling National Front coalition has held powersince 1957. Opposition parties actively contest elections,although they hold only 21 percent of the seats in the FederalParliament; an opposition party currently controls one stategovernment. There is political competition within the UnitedMalays National Organization (UMNO), the major party in thecoalition.The Government asserts that internal security laws allowingpreventive detention (and arrests under such laws) are requiredowing to Malaysia's "sensitive social balance," the need toensure that the peace and stability of the country areprotected, and concern about endemic narcotics traffickingproblems. However, the Government also has used these lawsmore broadly to detain persons when available evidence isinsufficient to bring formal charges under the Criminal Code,as well as to detain political opponents. The existence ofthese laws serves to inhibit effective opposition to governmentpolicies.The Royal Malaysian Police has primary responsibility forinternal security matters; it reports to the Minister of HomeAffairs. Prime Minister Mahathir also holds the Home Affairsportfolio. There continued to be some credible reports ofmistreatment of prisoners and detainees by the police andprison officials.Rapidly expanding exports of manufactured goods, especially inthe electronics sector, account for much of the country'seconomic growth. Crude oil exports and traditional commodities(tropical timber, palm oil, rubber) add to Malaysia's traderevenues. Strong economic performance in recent years has ledto significant reductions in poverty, improved standards ofliving, and more equal income distribution.While there is an efficient system of justice based on commonlaw principles, the Government continues arbitrarily to arrestand detain citizens without trial. The Government also limitsjudicial independence and effectively restricts freedom ofassociation and of the press. These restrictions make it verydifficult for opposition parties to compete on equal terms withthe long-ruling governing coalition. Domestic violence againstwomen is a serious problem, which the Government is takingsteps to address.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicialkillings by the Government or any other political organization. b. DisappearanceThere were no reports of disappearances attributable to theGovernment or any other political organization. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere continue to be instances of police officers abusingcriminal suspects during interrogation, including strongpsychological pressure and sometimes physical abuse. In somecases, government authorities have investigated policeofficials for such abuses, but because they refuse to releaseinformation on the results of the investigations, it cannot bedetermined whether those responsible for such abuses arepunished. There were no known instances in 1994 (or in recentyears) of police officials being tried, convicted, andsentenced for abuse of prisoners.Malaysian criminal law prescribes caning as an additionalpunishment to imprisonment for those convicted of crimes suchas narcotics possession. Judges routinely include caning insentencing those convicted of such crimes as kidnaping, rape,and robbery. The caning, which is normally carried out with a1/2-inch thick wooden cane, commonly causes welts and sometimesscarring. d. Arbitrary Arrest, Detention, or ExileThree laws permit the Government to detain suspects withoutjudicial review or filing formal charges: the 1960 InternalSecurity Act (ISA), the Emergency (Public Order and Preventionof Crime) Ordinance of 1969, and the Dangerous Drugs Act of1985. The Government continued to use long-term detentionswithout trial in cases alleged to involve national security, aswell as in narcotics trafficking and other cases. According tothe Home Affairs Ministry, as of December, there were 4,115people being detained without trial; most of those detaineesare being held under the Dangerous Drugs Act.Passed more than 30 years ago when there was an activeCommunist insurgency, the ISA empowers the police to hold anyperson who may act "in a manner prejudicial to the security ofMalaysia" for up to 60 days. According to the Government, thegoal of the ISA is to control internal subversion, althoughthere is now no serious threat to national stability inMalaysia. The Government also uses the ISA against passportand identity card forgers, 20 of whom were being held as ofDecember 20.Security authorities sometimes wait several days after adetention before informing the detainee's family. The Ministerof Home Affairs may authorize, in writing, further indefinitedetention for periods of up to 2 years. Even when there are noformal charges, the authorities must inform detainees of theaccusations against them and permit them to appeal to anadvisory board for review every 6 months. Advisory boarddecisions and recommendations, however, are not binding on theHome Affairs Minister, are not made public, and are often notshown to the detainee. A number of ISA detainees have refusedto participate in the review process under these circumstances.The Home Affairs Ministry reported in December that there were27 ISA detainees at that time, down from 51 as of July 1993.The Government released approximately 27 former detaineessubject to "imposed restricted conditions," which will be ineffect for the balance of their detention periods. Theseconditions limit their rights to freedom of speech, association,and travel outside the country.On September 2, the Government detained under the ISA ninemembers of the banned Al Arqam Islamic movement, including theIslamic sect's leader, Ashaari Muhammed. The Government saidit took these actions on the grounds that Al Arqam posed athreat to national security, although it presented no credibleevidence of this.On October 20, after 50 days in ISA detention by the SpecialBranch, Ashaari recanted his beliefs in a 2 1/2-hourgovernment-televised discussion with Islamic leaders andconfessed to propagating teachings and practices which deviatedfrom true Islam. Since founding Al Arqam in 1968, Ashaari hadbeen vigorously expounding these views for over 25 years at thetime of his recantation. During the televised confession,Ashaari appeared to have lost weight, and his head and beardhad been shaved. Ashaari and five of his followers were freedon October 28 and Ashaari visited the Al Arqam commune atSungai Pencala the next day to meet with his followers. Hetold his followers that his October 20 confession had been"voluntary." Ashaari remains under restricted residence, andhis movements are limited to Kuala Lumpur and the surroundingstate of Selangor.In January the Government lifted restricted residenceconditions for six persons, including the brother of the thenchief minister of the east Malaysian state of Sabah, who hadbeen detained under the ISA in 1990 and 1991 for allegedinvolvement in a secessionist plot. They had been released in1993, but their movements were restricted.Amendments to the ISA severely limit judicial review ofdetentions, contravening international standards of dueprocess. During 1994 opposition leaders and human rightsorganizations called on the Government to repeal the ISA andother legislation that deprive people of the right to defendthemselves in court. Some officials also have suggested thatamendments are warranted, but senior government officialsinsist that the ISA in its present form continues to benecessary to preserve peace and harmony in a multiracialsociety, without explaining convincingly why reliance on thecriminal law and the courts would seriously impair peace andharmony. In May the Prime Minister, while not dismissing thepossibility that some provisions of the ISA could be amended,said that the ISA could not be repealed as it was still neededunder certain circumstances.The Emergency (Public Order and Prevention of Crime) Ordinancewas instituted after intercommunal riots in 1969. AlthoughParliament regained its legislative power in 1971, theGovernment has never lifted the state of emergency declared atthe time of the riots. The Home Affairs Minister can issue adetention order for up to 2 years against a person if he deemsit necessary to protect public order or for the "suppression ofviolence or the prevention of crimes involving violence." TheHome Affairs Ministry in December said there were 200 people indetention under the Emergency Ordinance, up from 93 people in1993. Local human rights organizations accept this figure asaccurate.Provisions of the 1985 amendments to the Dangerous Drugs Actgive the Government specific power to detain suspected drugtraffickers. The suspects may be held up to 39 days before theHome Affairs Minister must issue a detention order. Once theMinistry has issued an order, the detainee is entitled to ahabeas corpus hearing before a court. In some instances, thejudge may order the detainee's release. Suspects may be heldwithout charge for successive 2-year intervals, with periodicreview by an advisory board, whose opinion is binding on theHome Affairs Minister. However, the review process containsnone of the due process rights that a defendant would have in acourt proceeding. As of December 20, approximately 3,888 drugsuspects remained under detention or under restrictionsequivalent to house arrest under this statute. The policefrequently rearrest suspected narcotics traffickers andfirearms offenders under the preventive measures clauses of theDangerous Drugs Act or the ISA after an acquittal in court onformal charges under separate provisions of those acts.A 1989 peace agreement allows members of the Communist Party ofMalaya (CPM) to return to Malaysia. According to theGovernment, the agreement stipulates that they satisfy certainconditions, including taking a loyalty oath "to king andcountry" and renouncing the CPM in writing. Since 1989 morethan 650 former CPM members have applied to return to Malaysiaunder the agreement. Sixty-six subsequently withdrew theirapplications because they objected to the conditions imposed bythe Government on their repatriation. In 1994, 50 to 80 formerCPM members returned to Malaysia, including a prominent memberof the CPM's Central Committee who returned after spending30 years in exile. The Government has rejected an unknownnumber of applications by former CPM members to return toMalaysia.Since December 1989, 338 former Communists and 50 dependentshave been "rehabilitated" by the Malaysian security authoritiesand resettled in Malaysia. This rehabilitation consists ofdetention without trial under the ISA at the KamuntingDetention Center in Perak state. In addition, rehabilitatedformer CPM members who have reintegrated into Malaysian societyare restricted to certain areas where security authoritieswatch them carefully for up to 6 years. These rehabilitatedpersons cannot resume full participation in Malaysia'spolitical life until this period of surveillance demonstratesto the satisfaction of the police that they have abandonedtheir former ideology.In November former student leader Hishamuddin Rais ended20 years of exile in England and returned to Malaysia.Hishamuddin was questioned by police for several days after hisreturn to Malaysia and was released and issued a new identitycard and passport. The former student activist did notdiscount the possibility of entering national politics. e. Denial of Fair Public TrialMost civil and criminal cases are fair and open. The accusedmust be brought before a judge within 24 hours of arrest, andcharges must be levied within 14 days. Defendants have theright to counsel, bail is available, and strict rules ofevidence apply in court. Defendants may appeal court decisionsto higher courts and, in criminal cases, may also appeal forclemency to the King or local state rulers as appropriate. Allcriminal trials, including murder trials, are heard by a singlejudge. Parliament voted on December 21 to amend the CriminalProcedure Code by abolishing jury trials in death penaltycases. Human rights organizations and the Bar Council havecomplained that they were not consulted by the Government priorto tabling this amendment. The defense in both ordinarycriminal cases and the special security cases described belowis not entitled to a statement of evidence before the trial.The right to a fair trial is restricted in criminal cases inwhich the Attorney General invokes the Essential (SecurityCases) Regulations of 1975. These regulations governing trialprocedure normally apply only in firearms cases. In casestried under these regulations, the standards for acceptingself-incriminating statements by defendants as evidence areless stringent than in normal criminal cases. Also, theauthorities may hold the accused for an unspecified period oftime before making formal charges. The Attorney General hasthe authority to invoke these regulations in other criminalcases if the Government determines that the crime involvesnational security considerations, but such cases are rare.The Malaysian judiciary has traditionally been regarded by thepublic and the legal community as committed to the rule of lawand has ruled against the Government in some politicallysensitive cases. However, the Government's 1988 dismissal ofthe Supreme Court Lord President and two other justices, alongwith a constitutional amendment and legislation restrictingjudicial review, has undermined judicial independence andstrengthened executive influence over the judiciary inpolitically sensitive cases. These developments created thepossibility that Malaysians who might otherwise seek legalremedies against government actions would be reluctant to do soand have resulted in less willingness by the courts tochallenge the Government's legal interpretations in politicallysensitive cases. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThese 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 warrantthe homes of persons suspected of threatening nationalsecurity. Police may also confiscate evidence under theseacts. In some cases each year, police have used this legalauthority to search homes and offices, seize books and papers,monitor conversations, and take people into custody without awarrant.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressAlthough the Constitution provides for freedom of speech andpress, some important limitations exist, and over the years theGovernment has restricted freedom of expression of mediaorganizations and individuals. The Constitution provides thatfreedom of speech may be restricted by legislation "in theinterest of security...(or) public order." Thus, the SeditionAct Amendments of 1970 prohibit public comment on issuesdefined as sensitive, such as citizenship rights for non-Malaysand the special position of Malays in society. The Governmenthas not brought charges under the Sedition Act since 1986, whena trial court acquitted a former president of the Bar Council.The Printing Presses and Publications Act of 1984 containsimportant limitations on press freedom. Domestic and foreignpublications must apply annually to the Government for apermit. The Act was amended in 1987 to make the publication of"malicious news" a punishable offense, expand the Government'spower to ban or restrict publications, and prohibit courtchallenges to suspension or revocation of publication permits.In December the authorities detained six local leaders of theopposition Democratic Action Party under the Printing PressesAct for distributing pamphlets without permission. The bannedpamphlets dealt with a local land deal and compensationpayments to residents and businesses. Government policiescreate an atmosphere which inhibits independent journalism andresult in self-censorship of issues government authoritiesmight consider sensitive. Government displeasure with pressreporting is often conveyed directly to the newspaper's boardof directors. There have also been credible reports of effortsby the Government to stop reporters from pursuing stories onsensitive subjects.In practice, press freedom is also limited by the fact thatleading political figures, or companies controlled by leadingpolitical figures in the ruling coalition, own all the majornewspapers and all radio and television stations. These massmedia provide generally laudatory, noncritical coverage ofgovernment officials and government policies, and give onlylimited and selective coverage to political views of theopposition or political rivals. Editorial opinion in thesemass media frequently reflects government positions on domesticand international issues. Chinese-language newspapers aregenerally more free in reporting and commenting on sensitivepolitical and social issues.Despite strong political influence on the editorial decisionsof major publications, small-circulation publications ofopposition parties, social action groups, unions, and otherprivate groups actively cover opposition parties and frequentlyprint views critical of government policies. The Governmentdoes retain significant influence over these publications byrequiring annual renewal of publishing permits. In June theHome Affairs Ministry revoked the publishing license of apopular Tamil-language tabloid, Thoothan (The Messenger), afterthe paper published an article alleging corruption on the partof the Malaysian-Indian Minister of Energy, Telecommunications,and Posts. In May the Government threatened to review thepublication permit of the opposition party PAS newsletter,Harakah, after it ran articles the Government claimed coulddisrupt national unity and harmony. Also in May, the HomeAffairs Ministry directed newspapers not to publish informationabout a confrontation in Penang between police and local Hinduworshipers who were celebrating a religious festival. Earlier,in March, the Home Affairs Ministry decided not to renew thework permit of a Filipino correspondent for the Manila-basedInter Press Service because of what it described as negativereports on Malaysia's treatment of foreign guest workers thatpurportedly posed a threat to national security and racialharmony. In August the Government seized books, publications,and other materials belonging to the banned Al Arqam religioussect and made it illegal to possess, sell, distribute, ordisplay books, logos, and other printed materials prepared bythe organization.In June 1990, Parliament enacted legislation making thegovernment-controlled Malaysian news agency (Bernama) the soledistributor of foreign news in Malaysia, formalizing previouspractice. The parliamentary opposition opposed the bill,arguing that it would increase government control over foreignnews. Although the Government has not to date used this law torestrict foreign news coverage or availability, in the past theGovernment has banned under separate legislation individualeditions of foreign publications. In 1994 the Governmentcensored portions of photographs and text in issues of foreignnewsmagazines and stopped airing the British BroadcastingCorporation (BBC) news programs, allegedly because the BBC'sconditions for use would undermine Malaysia's dignity,according to a government spokesman. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for the rights of freedom of peacefulassembly and association, but there are significantrestrictions. These rights may be limited in the interest ofsecurity and public order, and the 1967 Police Act requirespolice permits for all public assemblies with the exception ofworkers on picket lines. Spontaneous demonstrations occurperiodically without permission, but they are limited in scopeand generally occur with the tacit consent of the police. Inthe east Malaysian state of Sarawak, groups of indigenouspeople have held peaceful demonstrations to protest governmentpolicies and actions.In the aftermath of the intercommunal riots in 1969, theGovernment banned political rallies. The Government hasannounced that political rallies will continue to be bannedduring national elections likely to be held in early 1995.While the formal ban has not been rescinded, both governmentand opposition parties have held large indoor politicalgatherings dubbed "discussion sessions." Government andopposition candidates campaign actively. There are, however,some restrictions on freedom of assembly during campaigns.During the actual campaign period, political parties submitlists of times and places for their "discussion groups."Although theoretically no police permit is required, someopposition discussion group meetings in past campaigns havebeen canceled for lack of a police permit. Outside of thecampaign period, a permit is required, with most applicationsroutinely approved.Other statutes limit the right of association, such as theSocieties Act of 1966, under which any association of seven ormore members must register with the Government as a society.The Government may refuse to register a new society or mayimpose conditions when allowing a society to register. TheGovernment also has the power to revoke the registration of anexisting society for violations of the Act, a power it hasselectively enforced against political opposition groups. OnAugust 27, the Government declared the Al Arqam religiousmovement to be an illegal organization under the Societies Actand seized computers and other materials belonging to theorganization. More than 300 members of the sect had beenarrested as of September 22 for being associated with theorganization (see also Section 1.d.). In 1993 the Registrar ofSocieties deregistered a political party of long standing inthe east Malaysian state of Sabah when it formed a coalitionwith the ruling opposition party, and threatened to do the sameto the national opposition party Semangat '46 if it continuedto claim that it was the legitimate successor to the originalUMNO party. The threat of possible deregistration inhibitspolitical activism by public or special interest organizations.Another law affecting freedom of association is theUniversities and University Colleges Act; it mandatesgovernment approval for student associations and prohibitsstudent associations, as well as faculty members, from engagingin political activity. Campus demonstrations must be approvedby a university vice chancellor. c. Freedom of ReligionIslam is the official religion. Religious minorities, whichinclude large Hindu, Buddhist, Sikh, and Christian communities,generally are permitted to worship freely but are subject tosome restrictions. Islamic religious laws administered bystate authorities through Islamic courts bind ethnic Malays insome 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 theadministration of Malaysia. At the same time, the Constitutionprovides for freedom of religion, and the Government hasrefused to accede to pressures to impose Islamic religious lawbeyond the Muslim community.The Government opposes what it considers extremist or deviantinterpretations of Islam and in August banned the Al Arqamreligious movement for what it termed "deviationistteachings." In the past, the Government has imposedrestrictions on certain Islamic sects. It continues to monitorthe activities of the Shi'ite minority.There are persistent allegations that some state governmentsare slow in approving building permits for non-Muslim places ofworship and some non-Muslims allege difficulty in obtainingland for cemeteries. In one instance, a municipal council hadapproved the construction of a Catholic Church headquartersonly to rescind its approval in August 1993, after a publicoutcry by the predominantly Muslim local community. Acompromise was proposed which would have permitted the churchto build a two-story structure but was rejected by churchofficials. The Government has limited the circulation of apopular Malay-language translation of the Bible, and somestates restrict the use of religious terms by Christians in theMalay language.The Government permits but discourages conversion to religionsother than Islam. Some states have long proscribed by lawproselytizing of Muslims and other parts of the countrystrongly discourage it as well. In a March 1990 decision, theSupreme Court upheld the primacy of the Constitution overinconsistent state laws by ruling that parents have the rightto determine the religion of their minor children under the ageof 18. The decision eased fears of the non-Muslim communityover state laws that in religious conversion cases set the ageof majority at puberty based on Islamic law. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationMalaysians generally have the right to travel within thecountry and live and work where they please, but the Governmentrestricts these rights in some circumstances. The states ofSabah and Sarawak have the independent right to controlimmigration into their territories; Malaysians from peninsularwest Malaysia and foreigners are required to present passportsor national identity cards for entry. The Government regulatesthe internal movement of provisionally released ISA detainees.It also limits the movement of some released ISA detainees to adesignated city or state (see Section 1.e.).The Government generally does not restrict emigration.Malaysians are free to travel abroad, although in some casesthe Government has refused to issue or has withheld passportson security grounds or in the belief that the trip will bedetrimental to the country's image. Most government action istaken because of suspected drug trafficking offenses or otherserious crimes. In an unprecedented move in August, theGovernment revoked the passport of Al Arqam leader AshaariMuhammed and nine of his followers while Ashaari and hisfollowers were still residing in Thailand.In July 1993, immigration authorities withdrew the passport ofa poet allegedly to prevent him from reading his poems, whichsupported antilogging activities. Immigration authoritiesreturned his passport in late August 1993. Also in August1993, the Immigration Department in the east Malaysian state ofSarawak, on instructions from the Home Affairs Ministry,confiscated the passport of a Sarawak native who was on his wayto an international conference of indigenous peoples. Twoother Sarawak natives who planned to attend conferences hadtheir passports confiscated in 1992; government authoritiesstill have not returned their passports.Malaysians are not permitted to travel to Israel, and in June,following a public outcry, the Government revoked the passportof Tunku Abdullah, brother of the King of Malaysia, afterAbdullah made what was described as a "private business trip"to Israel. Recently, however, the Government has loosenedtravel restrictions for Malaysian pilgrims to visit Jerusalem.According to a report by the Home Affairs Ministry, a total of455,070 foreign workers were issued work permits as of June1994. However, there may be up to 1 million foreign workers inMalaysia, many illegal, who work in low-skill jobs in theplantation and construction sectors of the economy. Althoughsome illegal workers ultimately are able to regularize theirimmigration status, others depart voluntarily after a fewmonths, while some are formally deported as illegal migrants.In 1992 the Government conducted a registration programdesigned to regularize the immigration status of illegalworkers. After the registration program ended, however, theGovernment launched combined police and military operations toenforce immigration and passport laws. In 1994, more than130,000 foreign workers were detained, of whom about 50,000were deported. On March 27, Kuala Lumpur police conducted animmigration roundup of some 1,000 Filipino maids at a prominentCatholic cathedral just after mass. The roundup, whichincluded some persons producing valid residence and workpermits, led to strong protests from the Philippine Embassy.</text>
</content>
<name>Malaysia </name>
<script></script>
</card>
card_44834.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MALAWI HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995In the large agricultural sector, young children work on familyfarms and on smaller estates, often in the two major exportindustries--tobacco and tea. Children are not commonlyemployed in industrial jobs. e. Acceptable Conditions of WorkMalawi has two legislated minimum wage rates: one for cities,and one for the rest of the country. Wage rates were lastincreased in July. The minimum in the cities of Blantyre,Lilongwe, Mzuzu, and the municipality of Zomba is $0.23 (mk3.50) 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 adecent standard of living. However, wage earners tend tosupplement their incomes through farming activities carried outthrough the extended family network. The prescribed minimumwages are largely irrelevant for the great majority of citizenswho earn their livelihood outside the formal wage sector.Wages in Malawi's formal sector are primarily derived from theprescribed minimum wages and by comparison to civil servicewages. Industrial employees receive the highest wages, withmost private commercial firms setting their wages higher thanthose for comparable government employees. Agriculturalworkers tend to receive at most the legal minimum wage, withsome additional benefits such as access to basic medicaltreatment and food. While the Ministry of Labor is responsiblefor enforcing the minimum wage levels, it does not do soeffectively.There is no legislated standard workweek in Malawi, but mostcompanies have a maximum workweek of 48 hours with 1 day ofrest. However, some wage laborers work 7 days per week. TheWorkers' Compensation Act includes extensive occupationalhealth and safety standards. Enforcement of these standards byMinistry of Labor inspectors is erratic, and workers--particularly in industrial jobs--often work without basicsafety clothing and equipment. According to the Ministry ofLabor, workers do have the right to remove themselves fromdangerous work situations without jeopardy to continuedemployment.</text>
</content>
<name> </name>
<script></script>
</card>
card_44606.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MALAWI HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MALAWIIn 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 UnitedDemocratic Front (UDF), gained an 84-seat plurality in the177-member Parliament (see Section 3). The Malawi CongressParty (MCP), the former sole legal party, and the former LifePresident, Dr. H. Kamuzu Banda, made strong showings, with theMCP winning 55 seats. The Constitution, passed just hoursbefore the elections, provides for a strong presidency, and anindependent legislature and judiciary. While the multipartyNational Consultative Council and National Executive Committeesuccessfully guided the political transition during the lastmonths of the Banda government, the election results reflectedthe regional strengths of each of the three major parties, UDFin the south, MCP in the center, and the Alliance for Democracy(AFORD) in the north.The National Police, headed by the Inspector-General of Policeunder the Ministry of Home Affairs, are responsible forinternal security. Although the police occasionally called onthe army for back-up support in particularly difficultsituations, the military did not play a significantly activerole 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 abusesunder the Banda government. Despite the politicaltransformation, there continued to be credible reports thatpolice abused detainees and used excessive force in handlingcriminals. The police also continued to detain persons withoutcharge for longer than the law allows. The newInspector-General of Police, appointed following the electionsin May, began to address some of the endemic problems byagreeing to meet with representatives of donor governments andhuman rights organizations and requesting assistance for theimprovement of the organization, transportation and training ofthe police force.Small, densely populated, and landlocked, Malawi has apredominantly agricultural economy. Over 85 percent of thepopulation derives its income from agriculture. The main cashcrops are tobacco--Malawi's most important foreign exchangeearner--tea, coffee, and sugar. In 1994 the economy was rockedby severe shortages of foreign exchange, rapid depreciation ofthe currency, high inflation, and drought.Malawi's human rights performance improved significantly in1994, most notably through internationally recognized free andfair elections held in May and the introduction of a newConstitution with strong human rights provisions. During theyear, citizens exercised their rights of speech, press,assembly, and political association generally withoutgovernment interference, although there were occasionalaccusations of government attempts to restrict the media.Despite many improvements, however, there continued to beserious human rights abuses. In particular, the policecontinued to abuse and use excessive force in handling criminalsuspects. Lengthy pretrial detention and the uncertainjudicial system called into question the ability of the accusedto receive timely justice. In response to the rise in crime,angry mobs carried out summary justice. Political leadersfaced a major challenge in addressing the serious human rightsabuses committed during the long Banda era, in part becausemany government, UDF, and MCP members have had some past tiesto the Banda regime. While the President has not yetestablished the constitutionally mandated human rightscommission, he appointed a commission with a mandate limited toinvestigating the alleged political killings of four prominentpoliticians in 1983. In early 1995, the Government placedex-president Banda under house arrest and planned to try himand others for these deaths. Women continued to experiencesocietal discrimination, and domestic violence against womenremained a problem.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicialkillings. However, frustrated by increased crime andinadequate law enforcement, civilians sometimes resorted tovigilante justice in beating, stoning, hacking, and evenburning suspected criminals to death. While mob justice isrecognized as a crime, the authorities did not attempt toprosecute any alleged perpetrators.After the elections, the Government appointed a commission toinvestigate the 1983 deaths of four prominent politicalfigures, three government ministers and a parliamentarian, whoare widely believed to have been victims of politicalkillings. The previous government ignored calls for aninvestigation, claiming the four had died in an auto accident.In early 1995, the Government placed ex-president Banda underhouse arrest and arrested several others in connection with thekillings. A trial is expected in 1995. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentCredible reports indicate that the police continued to beatsuspected criminals during initial detention and interrogationat police stations. These same reports, however, stated thatthe number and severity of beatings diminished dramaticallyafter the first months of 1994.The new Government granted the International Committee of theRed Cross (ICRC) access to police detention centers, but localpolice authorities were sometimes reluctant to cooperate. As aresult the ICRC had difficulty gaining access to some policefacilities. The new Inspector General participated in an ICRCtraining seminar on human rights for senior police officials.Conditions in prisons improved in 1993 and 1994, butovercrowding, inadequate nutrition, and substandard sanitationand health facilities remained serious problems. Women are notkept in separate facilities, but are separated within theprison compound. Rape of female prisoners is not a problem.As a result of the Government's increased awareness andresponse to these problems and continued ICRC visits andtraining sessions, the ICRC decided to close its office inBlantyre at the end of the year and to continue its follow-upactivities from its regional delegation in Harare, Zimbabwe. d. Arbitrary Arrest, Detention, or ExileThe law permits the accused to challenge the legality of thedetention, to have access to legal counsel, and to be chargedor released within 48 hours. In all cases where the courtdetermines that a defendant cannot afford to supply his owncounsel, legal services are provided by the Government. Inpractice, the authorities held many detainees for weeks withoutcharge, ostensibly due to the inability of police to completeinvestigations promptly, and few persons were able to affordlegal counsel. There are not enough lawyers or privateresources to meet the needs of indigent detainees. Pretrialdetainees 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 arbitrarilydetained members of opposition parties for "questioning."These detainees were held for a few hours and released.The judicial system continued to be handicapped by seriousweaknesses including poor recordkeeping, personnel shortages,and most recently the transfer of several hundred murder casesfrom 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 theright to a fair trial in accordance with internationalstandards. However, only a few of the transferred murder caseshad actually gone to trial by year's end.There were no reports of political detainees in 1994. (SeeSection 1.e.).The Government did not use exile as a means of politicalcontrol. e. Denial of Fair Public TrialThe Constitution provides for a High Court, a Supreme Court ofAppeal, and subordinate magistrate courts and allows fortraditional courts, which continue to operate at the locallevel, ruling on minor civil and customary law cases. With thereorganization, however, these traditional courts are nowsubordinate to the regular court system.Under the Constitution, the judiciary is independent from otherbranches of government. The Chief Justice is appointed by thePresident and confirmed by the National Assembly. Otherjustices are appointed by the President following arecommendation by the Judicial Service Commission. Alljustices are appointed until the age of 65 and may only beremoved for reasons of incompetence or misbehavior, asdetermined by a majority in Parliament and the President.By law defendants have the right to a public trial but not to atrial by jury. However, in hearing the first murder casestransferred from the traditional courts to the High Court, theHigh Court used juries of seven persons from the defendant'shome district (see Section 1.d.). Defendants have the right toan attorney, access to evidence and witnesses, and the right ofappeal. There were no reports that the authoritiesdeliberately denied these rights, but the many problemsconfronting the judical system and inadequate state fundingmeant that, in practice, many persons were denied the right toan expeditious trial.Juvenile offenders have special rights under the Constitution,including the right to be separated in custody from adults, tobe treated in a manner which accounts for age and thepossibility of rehabilitation, and exemption from thepunishment of life imprisonment without the possibility ofrelease.By the end of 1994, there were no known political prisoners inMalawi. Nevertheless, in his May 21 inaugural addressPresident Muluzi ordered the release of all remaining politicalprisoners (probably a few at most). The only person widelyknown to have been released was a man who had been charged withattempting to incite the armed forces to overthrow theGovernment. The President also commuted all death sentences tolife in prison. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceUnder the law, search warrants are required, and there were noreported incidents of illegal search of homes or businesses.However, postal authorities occasionally opened and inspectedprivate correspondence, seemingly at random.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and press, andcitizens widely exercised these rights in 1994.During the year, more than 20 newspapers published a broadspectrum of political and ideological views. The Governmentgenerally tolerated press criticism. However, in one highlypublicized incident following the May elections, an oppositionpaper published a 25-year-old photograph of the new Presidentwhich depicted him in a prison uniform. The photo wassupposedly taken following his arrest and conviction forstealing six British pounds while serving as a government clerkin 1968. The Minister of Justice/Attorney General attempted tostop the newspaper from publishing, and the police harassed itseditor and detained him for questioning. Following animmediate public outcry, the President reversed the AttorneyGeneral's decision, and the paper continued publication.The only radio station is the government-owned MalawiBroadcasting Corporation (MBC), which is the most importantmedium for reaching the public. Both the MCP, when in power,and the new UDF-led Government gave priority in MBCprogramming to their policies. Most recently, the MCP chargedthe Minister of Information and Broadcasting with directing theMBC not to broadcast an MCP statement.Many of the old repressive laws which were of concern tointernational human rights organizations, including lawsaffecting freedom of the press have been specifically addressedin the new Constitution and are now considered"unconstitutional." To date, in cases where an old lawconflicts with the Constitution, and has reached a court of lawfor a decision, the Constitution has prevailed, effectivelynullifying the repressive laws that are still on the books.During the year the Government began the time-consuming processof revising the entire legal code.There were no restrictions on academic freedom. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for freedom of assembly andassociation. The authorities routinely granted officialpermits, which are required by law for large gatherings andmeetings.The new Government continued the policy of requiringorganizations, including political parties, to register withthe Registrar General under the Ministry of Justice, but therewere no reports of any group being denied registration orhaving its registration delayed. Eight political partiesparticipated in the elections. c. Freedom of ReligionThe Constitution provides for freedom of religion, and peopleexercised this right freely. However, the law requires thatreligious groups register with the Government. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationPeople have the right of movement and residence within theborders, and the right to leave and return. In practice,however, some Asians have been denied this right (see Section5).During the campaign period, police occasionally delayed thetravel of members of the then political opposition atcheckpoints between regional boundaries, but it was not clearwhether such actions were taken on individual initiative or atgovernment direction. Following the elections, the newGovernment reintroduced police roadblocks, citing theincreasing crime rate. There were no reports of politicalharassment at the newly established checkpoints, but there havebeen allegations of harassment for the purpose of obtainingbribes, particularly at border-crossing points.Malawi continued to host thousands of Mozambican refugees. Atthe beginning of 1994, 700,000 Mozambicans remained in Malawi,down from a peak in excess of 1 million. At the end of theyear, only 100,000 remained. During the year, the Governmentcooperated with the United Nations High Commissioner forRefugees (UNHCR) and other relief organizations to assist theirreturn to Mozambique and to meet a number of new arrivals(approximately 1,500 to 2,000), mostly from nonneighboringcountries such as Somalia and Zaire. The Government initiallyhesitated to take on the responsibility of a new refugeepopulation, in part due to popular resentment that UNHCRsupport allowed refugees a lifestyle unattainable to manyMalawians. Subsequently, the Government initiated plans torelocate the new refugees to a camp, converting a former prisonfor this purpose. There were no reports of forced expulsion ofthose having a valid claim to refugee status.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens exercised this right on May 17 when over 80 percent ofthe population freely and peacefully voted--for the first timein 30 years--for a new President and Members of Parliament inmultiparty elections. Although there were minor irregularitiesduring the elections, principally perpetrated by thethen-ruling MCP, international observers declared the electionssubstantially free and fair. There is universal suffrage forcitizens 18 years of age and over.President Muluzi and Vice President Justin Malewizi (both fromthe United Democratic Front-UDF), and a 26-member Cabinet (19ministers from the UDF and 7 from three other parties),exercised executive authority. Parliament consists of 177members (85 from the UDF, 56 from the MCP, and 36 from theAlliance for Democracy-AFORD). In September the Presidentdesignated Chakufwa Chihana of AFORD Second Vice President, andthe Parliament amended the Constitution in October to authorizethis position. In December Chihana was sworn in. A group ofMalawians questioned the constitutionality of the designationof a second vice president prior to the amendment of theConstitution to allow for such an office, and sued thePresident and the Speaker of Parliament for violating theConstitution. The court did not rule on the case and the issueremained unresolved at year's end.The key issue facing the new Government as it attempts toconsolidate democracy is the strengthening of the economy; theGovernment's main focus is poverty alleviation. It is alsoattempting to address past human rights abuses, poor education,and the challenges inherent in operating a government whichincludes a political opposition. The move to appoint a secondvice president was, in part, an attempt to include a portion ofthe opposition in the executive and develop a working majorityin the Parliament.There are no laws that restrict the participation of women orminorities in the political process. Social discrimination,however, does limit women's participation. While most womenvoted, few hold public office, and in the May elections only 10women were elected to the National Assembly.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government allowed local and international human rightsgroups to monitor and investigate its activities and did nottake any action against these organizations. Someorganizations, such as the Malawi Law Society's Legal ResourcesCenter; the Foundation of Integrity of Creation, Justice andPeace; the Christian Council of Malawi; Vera Chirwa's "Carer";and the Society for the Advancement of Women, began recordingevidence of past abuses, monitored the new Government, andissued statements whenever they felt the new Governmentviolated human rights or the Constitution.The new Constitution provides for a national compensationtribunal, which will entertain claims of criminal and civilliability against the former government, and a human rightscommission which will protect, and investigate violationsagainst, the rights provided for in the Constitution. Thesebodies were not yet in place and functioning at the end of1994. The Government had, however, invited applications forthe position of ombudsman, who will investigate claims ofinjustice.The Government discussed human rights problems withinternational governmental and nongovernmental organizations,and permitted visits by United Nations and other internationalorganizations, including the ICRC. For the most part theGovernment responded positively to recommendations andattempted to remedy human rights problems as they came to itsattention.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution specifically provides for equal rights forwomen; forbids discrimination based on language, culture, orreligion; and generally guarantees every person the right toequality and recognition before the law. WomenUnder the new Constitution, women have the right to full andequal protection by law and may not be discriminated against onthe basis of their gender or marital status. In practice,however, women continued to experience discrimination and didnot have opportunities equal to those available to men.Historically, women, especially in rural areas, have beenunable to complete even a primary education and are thereforeat a serious disadvantage in the job market. Women often donot have equal access to legal and financial assistance and areoften the victims of discriminatory inheritance practices inwhich the majority of the estate goes to the deceased husband'sfamily. They are also often at a disadvantage in marriage,family, and property rights.The National Commission on Women, an organization overseen bythe Ministry of Women and Children Affairs, operated withoutofficial funding, and its impact was limited to disseminatinginformation on women's rights and working with other governmentministries to increase awareness of women's rights. Moreimportant in addressing women's issues were localnongovernmental organizations, such as the National Associationof Business Women, which sponsored income-generating schemesfor small groups of women in rural and urban areas.Violence against women is not believed to be a seriousproblem. However, spousal abuse, especially wife beating, doesoccur. Domestic violence is not discussed openly by women,reportedly even among themselves, and there are no confidentialshelters or facilities for treatment of women who sufferphysical or sexual abuse. Police do not normally intervene indomestic disputes, and few cases of violence against womenactually reach the courts. Occasionally the press reportedinstances of sexual abuse and harassment of female students bytheir male teachers, who, if caught, faced dismissal. ChildrenAlthough the Constitution provides for equal treatment forchildren under the law, the Government, dedicated few resourcesto children's health and welfare. However, it did institute asystem of free primary education for all children, beginning inOctober. A few charitable organizations attempted to reducethe number of child beggars in urban areas and find alternativecare for them.A few small ethnic groups practice female genital mutilation(FGM), which has been condemned by international health expertsas damaging to both physical and mental health. However, FGMis neither common nor generally accepted by the society as awhole. National/Racial/Ethnic MinoritiesMost Malawians of African heritage are members of indigenoustribes and are not discriminated against by the Government orsociety. However, there is discrimination against Asians. Inprevious years, Asian residents and citizens were prohibitedfrom living and working in specified areas. In early 1994,these restrictions were lifted from citizens of Asianbackground but remained in place for the majority of residentAsians who are not citizens. Following the elections and theratification of the new Constitution, these restrictions becameunconstitutional, but the Business Licensing Act, which wasused in the past to deny Asians the opportunity to establishbusinesses in the rural areas, remained on the books. FewAsians actually tested the easing of these restrictions in 1994.Following the elections, the Government started restricting thepreviously automatic renewal of temporary employment permitsfor expatriates, particularly businessmen, in the hope thatMalawians would be hired in their place. Other affectedexpatriates included teachers, health workers, researchers, andmissionaries. While this was consistent with Malawian law, thenew and unexpected policy of strict enforcement, and the focuson businessmen specifically, caused concern and sometimeshardship to many expatriates who had established themselves inMalawi. People with DisabilitiesThe Government has not mandated accessibility to buildings andservices for the disabled, but one of the national goals listedin the new Constitution is to support the disabled throughgreater access to public places, fair opportunities inemployment, and full participation in all spheres of society.There are special schools and training centers which assistindividuals with disabilities and several self-supportingbusinesses, run by and for the disabled.Section 6 Worker Rights a. The Right of AssociationBecause most households derive their income from theagricultural sector, only a small percentage of the work forceearns wages in the formal sector. Approximately 473,000persons, or 14 percent of the work force, earn formal wages.As of April, government data showed there were 63,000dues-paying union members, 39 percent of whom were teachers.At that time, the majority of paid-up union members were in theprivate sector.Workers have the legal right to form and join trade unions, butunions must register with the Ministry of Labor. Forgovernment workers, a union's membership must consist solely ofgovernment employees. In 1993 civil servants organizedthemselves 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 UnionCongress of Malawi (TUCM), which until late 1993 was closelyaffiliated with the former ruling party and highlycircumscribed by the Government. In late May, when thecurrent, democratically elected government took power, unionsbecame 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 thoselisted for "essential services" as determined by the Ministerof Labor. The law requires that labor disputes in "essentialservices" be reported to the Minister of Labor in writing, whothen attempts to negotiate a settlement. He may refer the caseto a tribunal within 28 days of receiving the dispute report ifit is not possible to reconcile the parties. Only if a tradedispute has gone through this process, but not been resolved orreferred to a tribunal, may workers in "essential services" goon strike.There were a number of strikes during the year. Most strikeactivities were peaceful and legal. However, in early October,junior-level civil servants went on strike in pursuit of higherwages and benefits and blocked roads and stoned movinggovernment vehicles. Although the Government had met with theCivil Service Joint Consultative Committee from September untilthe strike, junior-level employees felt the Committee did notrepresent their interests. The strike was finally settledthrough negotiations with a small delegation chosen by thestrikers and resulted in a modest wage increase. There are nolaws or regulations which prohibit retribution against strikersand their leaders.Unions may affiliate with and participate in internationalbodies, but require government permission to do so. The TUCMis a member of the International Confederation of Free TradeUnions, the Organization of African Trade Union Unity, and theSouthern African Trade Union Coordination Council (SATUCC). InJanuary SATUCC reopened its offices in Malawi (which wereclosed by the Banda government in 1992). b. The Right to Organize and Bargain CollectivelyCollective bargaining is freely practiced but is notspecifically protected by law. In practical terms, theGovernment sets wages in the state-owned industries, andemployers do so in private businesses. The abundance ofunskilled laborers relative to employment opportunities giveslabor only a limited voice in wage and contract negotiations.By contrast, skilled workers--because of their scarcity--enjoyhigher salaries and have had some success when negotiatingemployment terms, either on an individual basis or throughcollective means.The law prohibits antiunion discrimination by employers, butthere is no legal requirement that employers reinstate workersfired for union activities. Most individual labordisputes--usually in the form of a worker claiming unfairdismissal--are initially referred to the Ministry of Labor forresolution. The Ministry typically encourages a settlementbetween the parties; it does not actually adjudicate the meritsof the claim. Tribunals apply in all disputes.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe new Constitution prohibits forced labor, and such labor isnot practiced except by prison inmates. d. Minimum Age for Employment of ChildrenThe new Constitution defines children as those under the age of16 (replacing the law which defined children as persons underthe age of 12). It prohibits the employment of children inwork that is hazardous or harmful or interferes with theireducation. However, there is no law making educationcompulsory. The law also prohibits children from working atnight or in "industrial undertakings." Enforcement by policeand labor inspectors in the Ministry of Labor is not effective.</text>
</content>
<name>Malawi </name>
<script></script>
</card>
card_44441.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MADAGASCAR HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationThe Malagasy in both the public and private sectors have theright in law (the 1975 Labor Code and the 1992 Constitution)and in practice to establish and join labor unions of their ownchoosing without prior authorization. However, essentialservice workers, including police and military, may not formunions. Unions are required to register with the Government,and registration is routinely granted. About 80 percent of thelabor force of 5 million is agrarian. Unionized labor accountsfor only about 5 percent of wage labor.There are a number of trade union federations, and many areaffiliated with political parties. In practice, however,formal public and private sector unions have not played a majorrole politically or economically in recent years. TheGovernment exercised very limited control over organized labor.The 1975 Labor Code and the new Constitution provide for theright to strike, even in export processing ("free trade")zones. Those providing essential services--police, firefighters, hospital workers--have only a limited right tostrike. In November the National Assembly voted to adopt acontroversial new Labor Code which could have the practicaleffect of discouraging strikes and limiting collectivebargaining. At year's end, the Constitutional High Court hadnot approved the new Code.There were occasional strikes in 1994, but none was officiallydeclared illegal, including a taxi strike which barricadedroads in the capital city. Most were resolved by negotiationsor by informal arbitration by high government officials,including the President. Laws and regulations prohibitretribution against strikers who adhere to legal procedures forstriking. Unions and workers were not directly targeted forhuman rights abuses, nor was there any apparent retributionagainst strikers and leaders.Unions may and do freely affiliate with and participate ininternational bodies and may form federations orconfederations. The Government of Madagascar is party to theILO Conventions. b. The Right to Organize and Bargain CollectivelyBoth the 1975 Labor Code and the 1992 Constitution provide forthe right to bargain collectively. The Code states thatcollective bargaining may be undertaken between management andlabor at either party's behest. Collective bargainingagreements exist but are not common, and the Government isoften involved in the bargaining process, in part because ofthe large number of public sector employees in organizedlabor. The minimum wage is set by the Government. Other wagesare set by the employers with individual employees, sometimesbelow the minimum wage. When there is a failure to reachagreement, the Ministry of Labor convenes a Committee ofEmployment Inspectors who attempt to resolve the matter. Ifthis process fails, the Committee refers the matter to theChairman of the Court of Appeals for final arbitration. Nosuch cases reached the Court of Appeals in 1994.The 1975 Labor Code formally prohibits antiunion discriminationby employers against union members and organizers. In the caseof antiunion activity, the union or its members may file apetition in civil court challenging the employer. Labor lawsapply uniformly throughout the country, including in free tradezones. However, the Government has difficulty effectivelyenforcing labor laws and regulations due to lack of basicresources. Ministry of Labor inspectors, who number only 27,visit industrial work sites with some regularity, but mostly inthe capital region. c. Prohibition of Forced or Compulsory LaborForced labor is explicitly prohibited by the 1975 Labor Codeand is not practiced. d. Minimum Age for Employment of ChildrenThe 1975 Labor Code describes a child as any person under theage of 18. The legal minimum age for employment is 14, and theuse of child labor is prohibited in those areas where there isapparent and imminent danger. The Government tries to enforcethese child labor laws in the small wage sector throughinspectors from the Ministry of Labor and Social Security.However, in the large subsistence sector, many young childrenwork with their parents on family farms at much earlier ages.Similarly, in the urban areas many children earn money hawkingparking spaces, newspapers or other wares, and by carryingwater and begging. e. Acceptable Conditions of WorkThe 1975 Labor Code and its enforcing legislation prescribe theworking conditions and wage scales for employees, which areenforced by the Ministry of Labor and Social Security. The lawdistinguishes between agricultural and nonagricultural work.There are several administratively determined minimum-wagerates in Madagascar, depending upon employment skills, startingwith $17 a month (63,000 Malagasy francs) for unskilledworkers. This wage is inadequate to ensure a decent standardof living for a worker and family, and workers must supplementtheir incomes through subsistence agriculture, petty trade, orreliance on the extended family structure. Given insufficientenforcement measures, official wage rates are sometimes ignoredas high unemployment and extreme poverty lead workers to acceptsalaries below the legal wage.There is a 44-hour workweek in nonagricultural and serviceindustries. There are also provisions for holiday pay, sickand maternity leave, and insurance.The 1975 Labor Code has rules concerning building andoperational safety, machinery and moving engines, liftingweight limits, and sanitation standards. Ministry of Labor andSocial Security inspectors visit industrial work sites, andviolations of Labor Code rules are subject to inspectionreports. Lack of resources effectively inhibit inspectorstraveling regularly beyond the capital region. If citedviolations 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 lackingdue to the expense of even minimal protective clothing andother protective devices. To date, there have been nopublished reports on occupational health hazards and accidents,although there is clear evidence that these hazards exist.There is no explicit right allowing workers to removethemselves from dangerous work without jeopardizing theircontinued employment. The ILO has cited the Government withinthe past year for failure to observe ILO conventions andstandards in workplace safety and weight limits.</text>
</content>
<name> </name>
<script></script>
</card>
card_44266.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MADAGASCAR HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MADAGASCARMadagascar's 2-year transition from the 16-year authoritarianSocialist rule of Didier Ratsiraka officially ended in 1993with the fair election of Albert Zafy as President in Februaryand the selection by the new National Assembly in August ofFrancisque Ravony as Prime Minister. Under the 1992Constitution, power is divided between the President, the PrimeMinister and his Government, and the National Assembly. Theyear was dominated by the failure of the new leadership toagree on the pace and scope of a coherent economic reform(structural adjustment) program in order to come to anagreement with the International Monetary Fund (IMF) and theWorld Bank. The Ravony Government's decision to devalue theMalagasy franc in May was an important step in the direction ofan agreement. Absent appropriate accompanying measures,however, and with the printing of new money, the resultinginflation increased resistance to further structural adjustmentmeasures. An impasse between opponents and advocates of thestructural adjustment program led in July to a vote on a motionof censure against the Government in the National Assembly.The motion failed, but provoked, nonetheless, a cabinetreshuffle in August, and at year's end the leadership had stillnot agreed upon a firm course of action.The Government further increased civilian control over themilitary. Under the new leadership, mixed commands ofmilitary, gendarmerie, and the National Police are responsiblefor internal security. The Government did not reduce theoverall size of the security forces but did change some of thekey personnel in the 1,800-man Presidential Security Guard,which had been loyal to Ratsiraka and responsible for violenceaimed at upsetting the electoral process in 1992. Theintelligence wing, the Directorate General of Internal andExternal Investigations and Documentation (DGIDIE), reports tothe President. There were occasional reports of policebrutality of detainees in 1994, and village-level lawenforcement arrangements known as "dina" were also responsiblefor some abuses.Living standards remained extremely low. The decision to floatthe exchange rate, effectively devaluing the Malagasy franc by50 percent in May, and the excessive printing of money sharplyreduced consumer buying power. The economy remains highlydependent on agriculture, and cash crops such as vanilla andcoffee did relatively well. However, the major crop, rice,suffered a larger than usual shortfall because of extensivecyclone damage early in the year. Tourism, manufacturing,mining, and fishing had respectable performances, but theseactivities, 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 seriousproblems, especially among the young (about 60 percent of thepopulation is under age 25).The human rights situation generally improved in 1994 with theabsence of violence between "federalist" (pro-Ratsiraka) and"active forces" (pro-Zafy) militants that punctuated theprevious several years. Citizens widely exercised freedoms ofspeech and assembly. The democratically elected NationalAssembly consolidated its new constitutional role and was aforum for public and wide-ranging debate. Over objections ofthe Government, the National Assembly voted in October to makethe Office of the Mediator the official constitutional promoterand protector of human rights. Advances in pressprofessionalism and in civic education also contributed to awider awareness and public discussion of human rights issues.However, there continued to be human rights abuses, notably inthe law enforcement and judicial systems. Traditional locallaw enforcement groups were responsible for at least twoincidents of summary executions. In the overburdened formalcourt system, the accused continued to remain in prison forlengthy pretrial periods, often exceeding the maximum penaltyfor the alleged offense. Prison conditions are deplorable, andin some prisons women may experience physical abuse, includingrape.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no known political or extrajudicial killings bygovernment forces. However, to combat rising crime,traditional law enforcement groups at the village level, knownas dina, continued to mete out summary justice, including atleast two summary executions (see Section 1.e.). For example,in October in the village of Ambalakely (province ofFianarantsoa), a dina posse forcibly seized, and reportedlyexecuted a known thief who was in police custody for his latestalleged offense. In response, the Government arrested sixmembers of the posse on manslaughter charges. At the end ofthe year, the posse members were being held pending trial.There was speculation that the beating death of radiojournalist Victor Randrianirina in August was linked toRandrianirina's reporting on sapphire smuggling in Madagascar.The authorities continued to investigate but had not made anyarrests by year's end.While ostensibly still pending, there has been no progress inthe Government's investigation into serious 1991, 1992, and1993 incidents in which Government security forces killed orinjured unarmed civilians. At year's end, the Government hadnot released any official report or made arrests in a caseinvolving the deaths of more than 30 demonstrators who werekilled by then president Ratsiraka's guards at the Iavolohapalace on August 10, 1991. However, the Government named aformal commission in September to investigate this incident,and public hearings were planned for early 1995. There was noprogress on an investigation into the March 31, 1992, shootingincident in which soldiers killed six pro-Ratsiraka supportersat the National Forum (constitutional convention). TheGovernment had also not brought to trial 14 soldiers arrestedin April 1993 for alleged involvement in politically motivatedviolence in Antsiranana; however, the Prime Minister publiclyannounced a trial was expected to start by April 1995. b. DisappearanceThere were no permanent disappearances in 1994 and noacknowledged cases of unsolved abductions or disappearances.The government commission named in September to investigate the1991 incident at Iavoloha palace was, by year's end, seekingtestimony related to disappearances in connection with theincident. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution provides for the inviolability of the person;however, there were occasional reports of police or otherforces mistreating prisoners or detainees. There were alsoisolated instances of dina trials using torture or other forcedmeans to solicit confessions from criminal suspects. Suspectedthieves are sometimes subject to summary mob retribution thatoccasionally results in severe injury or death.Government officials acknowledge that conditions in Malagasyprisons are harsh and potentially life-threatening. The dietprovided is inadequate, and family members must augmentinmates' daily food rations. Prisoners without relativesnearby sometimes go for days without food. Each prisoner hason average less than 1 square meter of space. The prisonpopulation, estimated at 25,000, suffer a wide range of medicalproblems that are not routinely treated, includingmalnutrition, infections, malaria, and tuberculosis. Theseconditions have caused an unknown number of deaths.Women in prison suffer abuses, as do the children who aresometimes confined with them. Gender segregation is notabsolute, and there were some reported cases of rape. TheGovernment permits prison visits by the International Committeeof the Red Cross (ICRC), the Malagasy Red Cross, and religiousand charitable organizations. The media also have access toprisons. d. Arbitrary Arrest, Detention, or ExileThe Constitution provides for due process for accused persons,but in practice these rights are not always respected.Existing legal safeguards against arbitrary arrest anddetention are frequently not observed.According to the law, in a criminal case the detainee must becharged, 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 aperson to be informed of the charges against him, defendants inordinary criminal cases are to be charged formally within thespecified time frame and, upon being charged, to be allowed toobtain an attorney. Court-appointed counsel is provided forindigents accused of crimes which carry a 5-year jail sentence.Bail may be requested by the accused or by his attorneyimmediately after arrest, after being formally charged, orduring the appeal process, but it is rarely granted at anystage for violent crimes.Despite existing legal protections, the average pretrialdetention time exceeds 1 year, and 3 or 4 years of detention iscommon, even for crimes for which the maximum penalty may be 2years or less. Prisoners may wait years in prison only to befound not guilty, with no recourse. Nearly 65 percent ofMadagascar's prisoners (i.e., 16,000) are in pretrialdetention. By law, persons suspected of activity against theState may be detained incommunicado for 15 days, subject toindefinite extension if considered necessary by the Government;however, this provision is not used regularly. e. Denial of Fair Public TrialThe Constitution adopted in 1992 provides for an independentjudiciary, and the National Assembly was debating implementinglegislation at year's end. Meanwhile, the judiciary remainsunder the aegis of the Ministry of Justice; lack of internalcontrols and relatively low salaries for magistrates encouragecorruption. Excessive pretrial detention of the accusedresults in the denial of due process. Trials are public, anddefendants have the right to an attorney, to be present at thetrial, to confront witnesses, and to present evidence.Defendants enjoy a presumption of innocence under the PenalCode.The judiciary has three levels of courts: lower courts forcivil and criminal cases carrying limited fines and sentences;a Court of Appeals, which includes a criminal court for casescarrying sentences of 5 years or more; and a Supreme Court.The judiciary also has special courts designed to handlespecific kinds of cases (e.g., cattle rustling) under thejurisdiction of the higher courts. A Constitutional HighCourt, with a separate and autonomous status, is a body forreview of laws, decrees, and ordinances, and for certifyingelection results.Traditional institutions, known as dina, handle civil matterswithin and between villages; in practice, the dina areincreasingly being used in some criminal cases because of thepractical inadequacies of the formal police and judicialsystems. Dina punishments can be severe, in some casesincluding capital punishment. In November the NationalAssembly, formally recognizing the role of the dina in reducingcrime and insecurity in the countryside, adopted legislationgiving dina verdicts the same weight as judgments handed downby lower courts and increasing fines and prison sentences tothose refusing to abide by dina decisions. Decisions by dinaare not subject to codified due process protections, but,according to the new legislation, they can be challenged at theappeals court level. Some cases have also been brought to theattention of the Office of the Mediator (Ombudsman) whichinvestigates and seeks redress from formal judicial authorities.Military courts have some jurisdiction over cases involvingnational security, such as acts constituting a threat to thenation 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 lawrather than the facts of the case. They are presided over by acivilian magistrate who is joined on the bench by militaryofficers.Approximately 25 political prisoners convicted for their rolesin federalist versus active forces troubles in Antsiranana inlate 1992 and early 1993 are still serving out their sentences. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe home is inviolable by tradition and law, and the State doesnot intervene in the private aspects of the lives of thepeople. The law requires judicially issued warrants to searchhouses, but there were reportedly some instances in whichprivate citizens used police acquaintances to intimidate otherswithout proper warrants. Telephones and correspondence are notmonitored.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of expression,communication, and press and forbids press censorship; theseprovisions were largely respected. People generally speakfreely, and debate in the National Assembly was open andlively. The print media openly criticized both the Governmentand the opposition. Opposition groups, trade unions,professional associations, and others have regular access tothe press.There is still a legacy of self-censorship among certainjournalists who fear reprisals from the Government or othersfor aggressive investigative reporting. Some journalists seekto avoid identification in their bylines, and the names ofprivate citizens are rarely cited. Journalists employ thesetactics in part because Malagasy culture aspires to benonconfrontational, and in part because journalists cannotregularly count on effective backing by their editors andpublishers. The situation improved somewhat, but manyjournalists lack professional training and experience, andresource constraints limit the effectiveness of the press.There is also a persistent reluctance by government officialsand others to share information with the press.In May a court ordered the expulsion of a longtime resident, aFrench citizen, after she allegedly made slanderous publicstatements against the Malagasy people in an editorial letterpublished in a local newspaper. She appealed her expulsion tothe official Ombudsman, was eventually expelled, despite havingpublished a retraction as ordered by the courts, but wasquietly allowed to return.State-owned radio-television (RTM), the most important means ofreaching the public, continued to feature discussion programsand debates on topics of public policy, although it rarelyincluded editorial comment. Malagasy television broadcastsFrench network news via satellite each evening. Along withstate radio, there are at least five private radio stations inthe capital city, and private radio stations in Fianarantsoaand Tamatave. The private stations cover political subjectsand are sometimes critical of the Government.Although a law dating from the previous republic requiresMinistry of Interior approval for films and videotapes shown inpublic, in practice this regulation is rarely enforced.There have been no reports of threats to academic freedom. b. Freedom of Peaceful Assembly and AssociationSome legal restrictions remain on the right of assembly andassociation. Municipal permits, usually granted, are requiredbefore holding public meetings but may be denied if governmentofficials believe that the meeting poses a threat to the State,endangers national security, or significantly encumbers publicthoroughfares. Officially established security zones areoff-limits to demonstrators. The proliferation of politicaland nongovernmental organizations (NGO's) continues and isindicative of recent relaxations on free association rights.There are more than 60 political parties and some 900 NGO's. c. Freedom of ReligionThe Government does not infringe the constitutional right offreedom of religion. Missionaries and clergy are permitted tooperate freely. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThere is no formal restriction on travel within the country;however, domestic security concerns do effectively restricttravel in some places, especially at night. All Malagasy mustobtain official approval for trips outside the country. Allresidents of Madagascar (Malagasy and foreign) require exitvisas issued by the Ministry of Interior. There areapproximately 70 Ethiopian refugees in Madagascar.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentIn 1993 Madagascar concluded more than 2 years of politicaltransition which were initiated by largely peaceful massdemonstrations against the previous regime of Didier Ratsirakain 1991. Generally free and fair elections, by directuniversal suffrage and secret ballot, elected Albert ZafyPresident in early 1993 to a 5-year term, renewable once. Thenew President's primary constitutional responsibilities arenational defense and foreign policy. A general election washeld in June 1993 for a 138-member National Assembly whose termis for 4 years. For the first time in Malagasy history, theNational Assembly in July 1994 produced and voted on a motionof censure against a sitting government. In reaction, the 65pro-Zafy active forces parliamentarians joined with defectorsfrom the former majority alliance, known as the Group-of-6, toblock the censure motion against the Government of PrimeMinister Ravony.The Prime Minister and his Cabinet, not the President, executelegislation. A Prime Minister is elected by each new NationalAssembly every 4 years, or upon vacancy. The President and theGovernment, provided they act in concert, may dissolve theNational Assembly. If the National Assembly passes a motion ofcensure, the Prime Minister and his Government are required tostep down. The Constitutional High Court reviews theconstitutionality of every law before it is promulgated. Theselection of the Senate must await the formation of localgovernments in 1995 since two-thirds of the Senate will beelected by local legislatures, and one-third appointed by thePresident, all for 4-year terms.There are no legal restrictions against women participating inpolitics, but in practice men dominate the political process.One cabinet position is held by a woman, and women hold only 6percent of the legislative seats; in the judiciary they havesignificantly higher representation.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsBy law, human rights groups are considered to be politicalgroups and must register with the Government. Somenongovernmental human rights groups exist and are increasinglyactive, for example in such issues as defending pressfreedoms. They have been joined by civic educationorganizations that have much the same agenda.The new Constitution provides for the establishment of anindependent organization charged with promoting and protectinghuman rights. In October the National Assembly designated theOffice of the Mediator--a kind of public ombudsman created bythe transitional government before the institution of theConstitution--to assume that constitutional role. This actionreversed an earlier decision by the Ravony government toabolish the Mediator on the grounds that it was redundant giventhe President's constitutional role as public arbiter vis-a-visgovernment administration. The power of the Office of theMediator rests in moral suasion. The Office may publish itsinvestigative findings but has yet to try to enlist publicopinion in support of a particular cause.The Government did not penalize or repress anyone forcriticizing its human rights record. While slow to carry outinvestigations of major cases of violence, notably the August1991 killings at Iavoloha palace, the Government was, at year'send, actively addressing this particular case (see Section1.a.).The Government is receptive to visits by international humanrights groups, just as it was to the presence of internationalelection observation groups during the four nationwideelections in 1992 and 1993. The ICRC made periodic visitsagain in 1994 and was regularly granted access to prisoners.United Nations organizations, including the International LaborOrganization (ILO), operated freely and extensively inMadagascar.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution prohibits all forms of discrimination andgroups that advocate ethnic or religious segregation. WomenThere is societal discrimination against women, although lessso in urban areas where women have an important, if secondary,role in the business and economic life of the country, withmany of them managing or owning businesses or fillingmanagement positions in state industries. However, women inrural areas face greater hardship, bearing the responsibilitiesof raising a family while also engaging in farm labor or othersubsistence activities.Under the 1990 conjugal law, wives have an equal say inchoosing where a married couple will reside, and they receivegenerally equitable distribution of marital property ininstances of divorce. Widows inherit one-half of joint maritalwealth. In practice, some parts of the island still observe atradition known as "the customary third" whereby the wife has aright to only a third of a couple's joint holdings. However, awidow receives a pension, and a widower does not.According to various sources, including magistrates,journalists, and women doctors, violence against women is notwidespread. In the rare cases where physical abuse isdetected, police and legal authorities do intervene, althoughthere is no law dealing specifically with violence againstwomen, except in cases of rape. Spouses can be tried fornonrape abuses, but generally under civil law. Some womenprisoners have been victims of rape. ChildrenThere is no pattern of official or societal abuse againstchildren. While official expenditures on children's welfareare relatively low, the Government has decided to maintainspending levels for the Ministries of Health and Educationdespite an overall climate of increasing budget austerity.These levels are insufficient, however, to halt the decline ofpublic services in the high-inflation environment. National/Racial/Ethnic MinoritiesMadagascar is inhabited by over 12 million people. TheMalagasy are of mixed Malayo-Indonesian and African origins andare made up of 18 distinct groups based on regional andancestral affiliation. Although there are some linguisticdifferences among them, nearly all speak Malagasy, which is ofMalayo-Polynesian origin. No one of these groups constitutes amajority of the population. Long-term historical processes ofmilitary conquest, ethnic domination, and politicalconsolidation, however, have traditionally favored thepolitical and economic status of highland ethnic groups ofAsian origin over the coastal groups of more African descent.The centralized planned economy of the previous regimereinforced the concentration of economic and political power inthe highland, capital area. This situation has contributed toethnic tensions between the two groups. Ethnic or regionalsolidarity may also be a determining factor in hiring practices.An Indo-Pakistani community of about 20,000, primarily engagedin commerce, has been in Madagascar since the early part ofthis century. Few, however, have been able to obtain Malagasycitizenship, since it is customarily bestowed matrilineallythrough native Malagasy women. The Indo-Paskistanis arefrequent targets of mistrust and criticism, and their shopshave often been targets for violent attack during civildisturbances. In one such incident in the town of Antsirabe inJanuary, mobs destroyed 10 Indo-Pakistani stores and a dozenresidences. Three Malagasy died and several were wounded inthe melee as police tried to restore order. People With DisabilitiesPhysically disabled people are not subject to discrimination ineducation and in the provision of other state services, but norare they the beneficiaries of special enabling or protectinglegislation. The Government has not enacted legislation orotherwise provided for accessibility for the disabled.</text>
</content>
<name>Madagascar </name>
<script></script>
</card>
card_43864.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: FORMER YUGOSLAV REPUBLIC OF MACEDONIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 FORMER YUGOSLAV REPUBLIC OF MACEDONIAThe 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reported disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThere 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 TrialConstitutionally, 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 CorrespondenceThe 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 telephonesSection 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe 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 AssociationThe 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 ReligionThe 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 RepatriationCitizens 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 GovernmentCitizens 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 RightsHuman 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 StatusThe 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. WomenWomen 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. ChildrenLimited 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 MinoritiesA 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 Serbs2 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 DisabilitiesSocial 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 AssociationThe 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 CollectivelyThe 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 LaborThe Ministries of Labor and Internal Affairs effectively enforce legal prohibitions against forced labor. d. Minimum Age of Employment for ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Macedonia, The Former Yugoslav Republic of </name>
<script></script>
</card>
card_43716.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: MACAU HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 MACAUMacau, 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killing. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentSuch abuses are prohibited by law, and this prohibition is respected. d. Arbitrary Arrest, Detention, or ExileLegal 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 TrialMacau 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 CorrespondenceLaws 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 PressJournalists 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 AssociationThe 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 ReligionMembers of all religions practice their faiths freely. d. Freedom of Movement Within the Country. Foreign Travel, Emigration, and RepatriationThere 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 GovernmentCitizens 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 RightsMacau 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 WomenWomen 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. ChildrenChild 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 MinoritiesThe 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 DisabilitiesThe 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 AssociationMacau 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 CollectivelyUnions 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 LaborCompulsory labor is illegal and does not exist. d. Minimum Age for Employment of ChildrenThe 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 WorkIn 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 worked7 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.</text>
</content>
<name>Macau </name>
<script></script>
</card>
card_43370.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: LUXEMBOURG HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 LUXEMBOURGLuxembourg 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe law provides for freedom of peaceful assembly and association. The authorities routinely and unconditionally grant permits for public demonstrations. c. Freedom of ReligionThe 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 RepatriationCitizens 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 GovernmentLuxembourg 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, and3 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 RightsThe 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 StatusThe law prohibits racial, sexual, or social discrimination, and the Government enforces these provisions. Blatant societal discrimination occurs only rarely. WomenWomen 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. ChildrenChild 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 MinoritiesAlthough 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 DisabilitiesNational 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 AssociationAll 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 CollectivelyThe 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 LaborThe law prohibits forced or compulsory labor, and neither occurs. d. Minimum Age for Employment of ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Luxembourg </name>
<script></script>
</card>
card_43221.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: LITHUANIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 LITHUANIALithuania, 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere were no reports of abductions or disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere 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 ExileExcept 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 TrialLegal 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 CorrespondenceThe 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 PressFreedom 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 AssociationThere 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 ReligionThe 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 RepatriationUnder 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 GovernmentLithuania 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 RightsThe 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 StatusThe Constitution prohibits discrimination based on race, sex, religion, disability, or ethnic background. WomenThe 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. ChildrenThe 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 MinoritiesNon-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 DisabilitiesThe 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 AssociationThe 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 CollectivelyThe 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 LaborThe Constitution prohibits forced labor, and this prohibition is observed in practice. d. Minimum Age for Employment of ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Lithuania </name>
<script></script>
</card>
card_42831.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: LIECHTENSTEIN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 LIECHTENSTEINThe 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe law prohibits torture and cruel punishment, and there were no reports of use of such methods. d. Arbitrary Arrest, Detention, or ExileThe 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 TrialThe 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 CorrespondenceThe 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 PressAn 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 AssociationThe 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 ReligionThe 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 RepatriationCitizens 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 GovernmentThe 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 RightsThe 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 StatusThe law prohibits discrimination on the basis of race, language, or social status, and the authorities respect these provisions. WomenSocietal 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. ChildrenThere 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 DisabilitiesAlthough 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 AssociationLabor-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 CollectivelyThe 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 LaborThe law prohibits forced or compulsory labor, and there were no reports of violations. d. Minimum Age for Employment of ChildrenThe 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 WorkThere 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.</text>
</content>
<name>Liechtenstein </name>
<script></script>
</card>
card_42658.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: LIBYA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: 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 RIGHTSSection l Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingForeign 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. DisappearanceMansur 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 PunishmentAlthough 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 theback 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 ExileBy 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 TrialMost 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 CorrespondenceThe 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 PressThe 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 AssociationPublic 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 ReligionLibya 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 RepatriationWith 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 GovernmentThe 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 RightsThe 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 WomenBoth 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. ChildrenThe 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 MinoritiesArabic-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 DisabilitiesNo information is available on the Government's efforts to assist people with disabilities.Section 6 Worker Rights a. The Right of AssociationWorkers 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 CollectivelyCollective 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 LaborIn 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 ChildrenThe minimum age for employment of children is 18. Education is compulsory to age 15. e. Acceptable Conditions of WorkThe 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.</text>
</content>
<name>Libya </name>
<script></script>
</card>
card_42321.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: LIBERIA HUMAN RIGHTS REPORT, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Various factions attacked ECOMOG peacekeeping forces throughoutthe year and on a number of occasions took ECOMOG soldiershostage. At least eight ECOMOG soldiers lost their lives, andmany were wounded. Similarly, the warring factions detainedUNOMIL staff members and at times tortured them.ECOMOG soldiers also inflicted suffering on the civilianpopulation. Individual soldiers committed a number of seriousillegal activities, including systematic looting not only ofsmall, easily transportable goods but also the stripping ofentire buildings for scrap to be sold abroad. Credible reportsindicated that members of ECOMOG facilitated the deliveryof--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 drugtrade (heroin and cocaine) and used Liberia as a transit pointfor drugs coming in from Nigeria and Ghana for onwardshipment. ECOMOG soldiers were also accused of using childrenas young as 8 years of age as prostitutes.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThese freedoms are provided for in the 1985 Constitution and,with some significant limitations, citizens generally exercisedthese rights in Monrovia. Liberians are free to criticize theLNTG and ECOMOG, although they usually show restraint andself-censorship in favor of the temporary Governments.Due primarily to continued economic stagnation, the number ofpublications in Monrovia fluctuated from month to month. Atyear's end, there were eight privately owned newspapers inMonrovia. While a restrictive, Doe-era media law providing theMinistry of Information wide discretion in licensing andregulating journalists remained on the books, official presscensorship was not pervasive in Monrovia. Also, there were nonewspapers forcibly closed during the year. Reflecting localopinion, most of the Monrovia press tended to be anti-NPFL; andsome journalists admitted to self-censorship in favor of theinterim governments.Other journalists asserted that public calls by IGNU andsubsequently LNTG officials for a "more responsible" press hada chilling effect on journalistic freedom. At times,government officials and senior ECOMOG officers, offended byarticles, insisted on meeting privately with journalists.Perhaps most chilling were the reported threats to individualjournalists by persons claiming to represent one or another ofthe warring factions. After a group of citizens from ULIMOterritory published a statement in Monrovia that ULIMO shouldrelinquish control of the western counties to the LNTG, theULIMO leadership threatened physical harm to journalists whopublished articles making such suggestions.There was no overt general attempt to censor the press, such asthe mid-1993 directive from IGNU that journalists submit all"war-related" stories to the Ministries of Information andJustice for clearance on national security grounds. At thattime, the Press Union of Liberia (PUL) and newspaper publishersobjected to the measure as a prior restraint, but the PUL andIGNU later compromised on guidelines for military reporting.Those guidelines continued in effect and undoubtedlyconstituted part of the basis for self-censorship. Except whenfighting became too widespread, international journalists wereable to visit contested zones and to file reports withoutofficial censorship. Because of the fighting, journalists fromMonrovia cannot report on events in NPFL areas, and vice versa.Outside Monrovia, residents of Liberia exercised extreme carein their criticism of the various factions. Although NPFLleader Charles Taylor affirmed publicly on several occasionshis support of free speech, citizens in his area were subjectto sanctions for criticizing the NPFL. There were two pro-NPFLnewspapers intermittently published in NPFL territory, but nonewspapers were printed in ULIMO- or LPC-controlled areas.Both NPFL papers were initially denied permission to circulatein Monrovia by the LNTG because they were not legally"registered." LNTG officials seized copies of one of thepapers on at least one occasion.ECOMOG, IGNU, and subsequently the LNTG supported a radiostation (ELBC) which broadcast progovernment (and at timessycophantic) programming throughout 1994. Many crediblejournalists alleged substantial censorship of ELBC. Aprivately owned radio station began broadcasting from Monroviain October 1993 but limited its news and commentary in order toavoid possible governmental interference. The NPFL continuedto operate intermittently at least one radio station, whichuncritically supported Charles Taylor.The University of Liberia functioned throughout 1994 despitesome delays caused by financial problems. Academic freedom wasgenerally respected, although the university authorities andmost of the student body criticized pro-NPFL expression. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for the rights of peaceful assemblyand 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 arrestednumerous persons for noncompliance. ECOMOG periodically metedout corporal punishment to repeat curfew violators.The LNTG and ECOMOG permitted political parties and othergroups to organize freely and hold public meetings in Monrovia,but ECOMOG did prohibit an outdoor peace rally in July andgenerally discouraged parades or demonstrations for securityreasons. The NPFL and ULIMO-Mandingo forces severelyrestricted freedom of assembly and association in their areas.In other factions' areas, residents felt intimidated and didnot attempt demonstrations. c. Freedom of ReligionThe 1985 Constitution recognizes freedom of religion as afundamental right, and Liberia has no established statereligion. There was no evidence of systematic violation ofreligious freedom by warring factions, but there were isolatedand sometimes violent incidents of religious repression bylocal fighters, especially by Muslim ULIMO-Mandingo forces (seeSection 1.a.). d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution provides for freedom of movement throughoutLiberia as well as the right to leave or enter the country atwill. ECOMOG monitored freedom of movement at checkpointswithin Monrovia and around its perimeter.Factional fighting interfered with freedom of movement, rangingfrom resettlement of displaced persons to ordinary commerce andtravel. ECOMOG restricted the movement of civilians,humanitarian aid and staffers at various times throughout theyear. All factions impeded the movement of relief workers andsupplies and extorted, humiliated, and harassed citizens atcheckpoints and makeshift barricades.Of a total estimated population of almost 2.7 million at theend of 1994, approximately 1.1 million Liberians have beeninternally displaced since 1990, and 776,000 were refugees inneighboring west African countries, many out of fear of ethnicpersecution. The number of refugees fluctuated depending onthe intensity and proximity of the fighting to populationcenters. Many of the displaced went to Monrovia, including the6,000 former refugees who returned to Liberia, reportedlybecause of the security and more reliable relief supplies.There were approximately 130,000 Sierra Leonean refugees inLiberia as the civil war spilled over into Sierra Leone. ManySierra Leoneans suffered mistreatment by both ULIMO factionsand the NPFL as they were displaced from camps in westerncounties and made their way to camps in Lofa county, whereapproximately 70,000 reside, and camps in and around Monrovia.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentDespite constitutional and statutory provisions for free andfair elections, Liberians could not exercise the right tochange their government. Implementation of the July 1993Cotonou Accord and followup September 1994 Akosombo Agreementlagged as the factions continued to argue at year's end overthe detailed arrangements and timetable for seating a newtransitional government, disarmament, and demobilization. TheDecember Akosombo Clarification Agreement postponed electionsuntil November 1995 and the installation of an electedgovernment until January 1996.The LNTG installed in March 1994 is a weak transitionGovernment comprised of representatives of the signatories tothe Cotonou Accord--IGNU, NPFL, and ULIMO. There is a 5-personCouncil of State appointed by the signatory factions, a35-member Transitional Legislative Assembly (TLA) alsoappointed by the factions, and the judiciary. At the end ofthe year, it remained to be seen whether the factions couldimplement the new LNTG called for in the December 21 Accraagreements.There are no restrictions in law on the participation of womenin politics; in practice, two women hold cabinet-levelpositions in the LNTG, and a few hold positions in thelegislature and judiciary. Overall numbers of women in theLNTG and the various political parties are small.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe interim governments have permitted domestic andinternational groups to operate freely. The few domestic humanrights organizations are relatively new and underfunded butmade progress improving their influence, visibility, andperformance.There were no domestic human rights organizations extantoutside the ECOMOG-controlled areas due to the warringfactions' hostility to such organizations.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe 1985 Constitution prohibits discrimination based on ethnicbackground, race, sex, creed, place of origin, or politicalopinion, but discrimination exists in fact and in some cases inlaw. WomenThe status of women varies by region, ethnic group, andreligion. Before the outbreak of the civil war, women heldone-quarter of the professional and technical occupationsavailable in Monrovia. Some women currently hold skilled jobsin government, including in the Cabinet, legislature, andjudiciary. On the whole, however, the lot of womendeteriorated dramatically with the onset of war, the closing ofmany schools, and the loss of their traditional role inproduction, distribution, and sale of foodstuffs. In the past3 years, several women's organizations formed in Monrovia andGbarnga to advance family welfare issues, to help promotepolitical reconciliation, and to assist in rehabilitatingformer combatants as well as civilian victims of war. In urbanareas, women can inherit land and property. In rural areas,where traditional customs are stronger, a wife is normallyconsidered the property of her husband and his clan and usuallyis not entitled to inherit from her husband.Women in most rural areas do much of the farm labor and haveonly limited access to education. In the massive violenceinflicted on civilians during the conflict, women suffered thegamut of abuses (see especially Sections 1.c. and 1.g.). Evenprior to the war, domestic violence against women wasextensive, but the Government, the courts, the media, andwomen's groups never seriously addressed the issue. There areseveral NGO's in Monrovia and Buchanan which have developedprograms for treating abused women and girls and increasingtheir awareness of their human rights. ChildrenIn the civil war, the various sides have given almost noattention to the welfare of children, whose education andnurturing have been seriously disrupted. Many who weredisabled, orphaned, abandoned, or "lost" during a militaryattack on their homes or villages, reportedly accepted theprotection and sustenance that joining a faction brought. Boththe NPFL and the ULIMO-Mandingos recruited and trained childrenas cooks, spies, errand runners, guards, and in many instancescombatants. There were no precise figures on the number ofchild soldiers, but some sources estimated that 10 percent ofthe 40,000 to 60,000 combatants are under 15 years of age.Many children are substance abusers and depend upon thefactions for supply. As a result, children have become bothvictims and abusers in the conflict. Many suffer fromposttraumatic stress disorder. Some NGO's have initiated smallretraining and rehabilitation programs for a limited number offormer child fighters (see Section 6.d.).International health experts have condemned female genitalmutilation (FGM), including clitoridectomy, as physically andpsychologically damaging to the girls and young women on whomthe operation is performed. In some instances, female healthprofessionals in the tribes have successfully participated inthe ceremony to the extent of providing hygienic conditions andpostoperative care. FGM is practiced primarily on young girlsby northern, western, and central tribes, particularly in ruralareas and among traditional societies. According to anindependent expert in the field, the percentage of Liberianfemales who have undergone this procedure may be as high as 60percent. Although there was one newspaper report of a failedattempt to force a girl in Monrovia to undergo the procedure,it was difficult to confirm the extent to which this procedurewas practiced in 1994 by Liberia's uprooted, displaced, andoften inaccessible population. The most extreme form of FGM,infibulation, is not practiced in Liberia. National/Racial/Ethnic MinoritiesAlthough the Constitution bans ethnic discrimination, it alsoprovides that only "persons who are negroes or of negrodescent" may be citizens or own land, thus denying full rightsto many who were born or lived most of their lives in Liberia.There has been no legislative initiative to repeal this racialtest. The 1975 Economic "Liberianization" Law prohibitsforeign ownership of certain businesses, such as travelagencies, retail gasoline stations, and beer and soft drinkdistributors. This law resulted in the rejection of severalforeign-owned business proposals.The roots of the civil conflict can be found in the historicaldivision between the Americo-Liberian minority, who, despiterepresenting less than 5 percent of the population, for over150 years dominated the political, economic, and cultural lifeof the country, and the indigenous ethnic groups. The latterfrequently complained of government discrimination in manyareas, such as access to education and civil service jobs andto infrastructure development.The authoritarian military-based regime established after the1980 coup mounted by Sergeant Doe and other AFL noncomissionedofficers progressively exacerbated ethnic tensions whilesubverting the democratic reforms embodied in the 1985Constitution. During the Doe regime, resentment grew overdomination 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 anindividual's language to identify ethnicity and often summarilyexecuted those from groups considered hostile. The ULIMOfaction split in March along Krahn-Mandingo lines and foughteach other and the NPFL. The NPFL, supported by the Gio andMano groups, waged war against four preponderantly ethnicallyconstituted factions, three of them Krahn: The predominatelyKrahn AFL troops in and around Monrovia, the Krahn LPC alongthe southern coast and north into (Krahn) Grand Gedeh county,and the ULIMO-Krahns in Bong county. The ULIMO-Mandingos madeincursions against the NPFL in Bong county and from earlySeptember until December held control of Gbarnga, the NPFLstronghold (see Section 1.g.). Religious MinoritiesWhile the law prohibits religious discrimination, there wereclaims of discrimination in practice. Some Muslims, whorepresent a growing share of the population, believe thatLiberia's secular culture gives preference to Christianity incivic ceremony and observances, and that discrimination spillsover into areas of individual opportunity and employment. TheMuslim education system stresses religious as opposed toskills-based learning. As a result, the authorities frequentlyby-passed Muslims for the highly sought-after technical andbureaucratic jobs available in government. In addition, manyLiberian Muslims believe that their access to jobs and roles inpublic life is restricted by an anti-Muslim bias in manysectors of Liberian society with a predominately Christianorientation. People with DisabilitiesThe protracted civil war has produced a large number of personswith permanent injuries in addition to persons disabled fromother causes. There is no legal discrimination against thedisabled, but in practice they do not enjoy equal access toeducation, employment, and scant social services. There are nolaws mandating accessibility to public buildings or services.Section 6 Worker Rights a. The Right of AssociationThe 1985 Constitution states that workers, except military andpolice, have the right to associate in trade unions (see alsoSection 6.b.). However, as with virtually all other organizedactivity in the country, unions disappeared during the heightof the 1989-90 war. With the signing of the July 1993 CotonouPeace Accord, many industries planned to resume, and affectedunions began reorganizing and attempting to locate members.However, union efforts to reorganize generally faltered in 1994as factional fighting increased. The most active organizationwas the Ship Workers' Union.The 1985 Constitution is silent on the right to strike. Whilethe Labor Code provides for this right, the Doe governmentissued a no-strike decree in 1980. Governments up to 1990intimidated labor officials, assuring a generally docile workforce and labor environment. Neither of the subsequent IGNUand LNTG legislative assemblies repealed or affirmed theno-strike decree, which was not challenged in 1994 as therewere no strikes. During the year, the LNTG took nodiscriminatory actions against organized labor.In 1990 the U.S. Government suspended Liberia's eligibility fortrade benefits under the Generalized System of Preferencesbecause of its violations of worker rights.Labor unions have traditionally affiliated freely withinternational labor groups. b. The Right to Organize and Bargain CollectivelyWith the important exception of civil servants, workers(including employees of public corporations and autonomousagencies) have the right to organize and bargain collectively.In the past, labor and employers negotiated agreements freelywithout government interference. In 1994 these rights werelargely moot because of the lack of economic enterprise,especially in Monrovia, where only a few businesses resumedoperations, usually with reduced staffing. There were noformal mechanisms in place for resolving complaints ofdiscrimination against union workers.There was no activity in Liberia's one export processing zone(EPZ) which has been inoperative since 1990 when fightingreached the free port of Monrovia. When operational, laborlaws have the same force in the EPZ as elsewhere in the country. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits forced labor, but even before thecivil war local authorities widely ignored this prohibition inrural areas where farmers were pressured into providing freelabor on "community projects," which often benefited only localleaders. The warring factions used forced labor during thefighting, especially for moving equipment or supplies.According to credible reports, ULIMO-Mandingo fighters alsoused Sierra Leonean refugees to acquire food for them,occasioning the flight and repatriation of approximately 5,000Sierra Leoneans from Vahun, Lofa county. d. Minimum Age for Employment of ChildrenUnder the Doe government, the law prohibited employment ofchildren under age 16 during school hours in the wage sector.This law is still technically in effect, but there is noenforcement. Even earlier, enforcement by the Ministry ofLabor was limited, and small children continued to assist theirparents as vendors in local markets and on family subsistencefarms. This practice persisted in 1994, particularly in thoseareas where school had been closed because of the war. Duringthe conflict, the NPFL and ULIMO-Mandingos recruited youngchildren as soldiers, many of whom had been orphaned; some wereless than 12 years of age. Many of these children, especiallyin the NPFL, remained under arms in 1994 (see Section 5). e. Acceptable Conditions of WorkThe Labor Code provides for a minimum wage, paid leave,severance benefits, and safety standards. Before the economycollapsed, the legal minimum wage varied according toprofession but did not generally provide a decent standard ofliving for a worker and family. (The minimum wage foragricultural workers was approximately 90 cents per day, withindustrial workers receiving three or four times that amount.)Often workers were forced to supplement their incomes throughother activities to maintain a minimal standard of living.Those not displaced turned to subsistence farming. The minimumwage was not enforced adequately by the Ministry of Labor.The Labor Code provides for a 48-hour, 6-day regular workweekwith a 30-minute rest period for every 5 hours of work. The6-day workweek may extend to 56 hours for service occupationsand to 72 hours for miners, with overtime pay beyond 48 hours.In view of the low level of economic activity during 1994, mostemployers ignored these various regulations, and there was verylittle attempt at enforcement in the country.Prior to 1990, there also had been government-establishedhealth and safety standards, enforced in principle by theMinistry of Labor. Workers did not have a legal right toremove themselves from dangerous work situations.</text>
</content>
<name> </name>
<script></script>
</card>
card_42227.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: LIBERIA HUMAN RIGHTS REPORT, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 LIBERIAIn 1994 Liberia remained a country increasingly dividedfactionally and geographically, even though warring factionsdid conclude an agreement in late December on ending thecountry's civil war. The Liberian National TransitionalGovernment (LNTG) was seated after much delay in March as thesuccessor 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 theaegis of the Economic Community of West African States(ECOWAS), the United Nations, and the Organization of AfricanUnity. The Cotonou Accord did not, however, resolve the basicfactional differences over political power or lead to theprojected demobilization of the warring factions, or to plannedfree elections. In fact, the three groups that signed theAccord mushroomed to seven competing political-military groupswhich renewed factional fighting, thereby preventing the LNTGfrom extending its authority outside greater Monrovia and thecorridor to Buchanan (see Sections 1.g. and 3). Throughoutmuch of the year, the shifting factional military action servedto keep Charles Taylor's NPFL forces, which almost capturedMonrovia in late 1992, on the defensive.In the confusing Liberian mosaic of political/military forces,an eighth group, composed of civilian political parties andother interest groups, convened a National Conference in Augustto pressure the armed factions to disarm and implement otherCotonou Accord provisions. The Conference strongly opposed anew agreement reached on September 12 in Akosombo, Ghana, bythe Cotonou signatories, including the Armed Forces of Liberia(AFL) replacing the dissolved IGNU, under the auspices ofECOWAS Chairman Ghanaian President Jerry Rawlings. TheConference participants insisted that the new accordexcessively favored warring-faction interests. While fightingraged in Liberia between followers of the faction leadersmeeting in Ghana, Rawlings continued to consult with thevarious 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 December21 in Accra. The Accra Accords provided for a cease-fire onDecember 28 and established a 5-member ruling council to beinaugurated in early 1995 to govern the country, includingconduct the November 1995 elections, until an electedgovernment takes over in January 1996.The key military force supporting the LNTG remained the ECOWASCease-Fire Monitoring Group (ECOMOG). At year's end, ECOMOGwas composed of 6,000-8,000 troops--down from 12,000 inJuly--from six West African and two East African countries,although over half of the force was Nigerian. Initially apeacekeeping force, ECOMOG increasingly became the interimGovernment's de facto army and, in addition, assumed manypolice powers within the Monrovia perimeter. ECOMOG waseffective in its military role in maintaining relative calmwithin the Monrovia-Buchanan perimeter and for promptly puttingdown a September 15 coup attempt by a general from the ArmedForces of Liberia (AFL), who deserted in 1990, and dissidentAFL supporters. Some ECOMOG soldiers have, however, alsoearned an unenviable reputation for a variety of illegalactivities. ECOMOG reassigned several officers who werebelieved by outside observers to be engaged in activitiesdetrimental to the peace process. Despite continuing criticismof ECOMOG behavior by human rights monitors, the majority ofECOMOG forces conducted themselves well during the year.The civil war-ravaged economy, previously based primarily oniron ore, rubber, timber, diamond, and gold exports, remainedstagnant. Continued disruption of economic activity, 80 to 90percent unemployment across all sectors except government,massive displacements of civilians, wanton destruction, andlooting have all devastated the productive capacity of Liberiadespite its rich natural endowments and potentialself-sufficiency in agriculture. Massive emergency operationsby the United Nations, as well as by American and otherWestern-based relief agencies and nongovernmental organizations(NGO's) continued throughout the year in ECOMOG-controlledareas. However, they were periodically suspended in otherparts of the country because of fighting, harassment, anddetention of relief personnel; looting of relief agencysupplies and vehicles; and occasional seemingly arbitrarysecurity restrictions imposed by ECOMOG.The number of human rights abuses unquestionably rose with theincreased level of conflict across the country, including themassacre of over 65 civilians by inconclusively identifiedattackers in a Monrovia suburb on December 15. There were manycredible charges that all factions flagrantly disregardedfundamental humanitarian values. Human rights monitors alsocriticized ECOMOG for incidents of human rights abuse. Since1989, when Liberia's population was recorded at 2.4 million, anestimated 300,000 persons, most of them civilians, have beenkilled or wounded as a result of the conflict, and close to800,000 have taken refuge in neighboring countries. Anestimated 1.1 million people have been displaced within Liberiasince the war began. Approximately 130,000 Sierra Leoneanrefugees were also displaced repeatedly throughout the year,some landing finally within the safe haven of Monrovia. In allcombat arenas, fleeing displaced persons reported villageslooted and burned; use of excessive force; arbitrarydetentions; impressment, particularly of children under the ageof 18 into the NPFL and ULIMO-Mandingo forces; torture;individual and gang rape; summary executions; mutilations andcannibalism. In the absence of progress on disarmament anddemobilization, the U.N. Observer Mission in Liberia (UNOMIL)began drawing down its 443-member staff in August. Thefighting and looting became so ferocious in September that allhumanitarian assistance outside the Tubmanburg-Monrovia-Buchanan perimeter was halted, although several NGO's resumedmodest food deliveries into the interior in November andDecember. No progress was made in resolving outstandingincidents of past human rights abuses.Although obeisance was paid to the 1985 Constitution, the PenalCode, and the Labor Code, because of the violent conditionsobtaining up country and the overcrowding and destituteconditions for a large percentage of people living in and nearMonrovia, the rights provided by these documents were largelymoot.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingIndiscriminate killings increased sharply from the previousyear. Although professing adherence to the rule of law, theleaders of the warring factions condoned and, in someinstances, seemingly encouraged the murderous savagery thataffected the civilian population more than the combatants (seeSection 1.g.). Despite claims to be the national army, the AFLacted as a warring faction, and AFL troops frequently engagedin a variety of human rights abuses, including allegedextrajudicial killings.Individual ECOMOG soldiers, serving a dual role as peacekeepersand peace enforcers, committed several extrajudicial killings,such as the shooting death of a university professor onNovember 1 for running a checkpoint. The soldier was awaitingtrial at year's end. In another case, ECOMOG court-martialed asoldier for killing a civilian and reportedly executed him. Incontrast to the leaders of the warring factions, the ECOMOGhigh command was committed to bringing soldiers involved incrimes against civilians to justice. There were no reports ofECOMOG soldiers committing political killings.On March 21, a Turkish citizen convicted of murder reportedlydied of starvation in the Monrovia central prison. There was acursory investigation undertaken by the LNTG's NationalSecurity Agency, but the authorities took no action to punishthose responsible for the prisoner's death. Inmates crediblyaccused the guards of stealing the food provided for prisoners.In the many killings committed by the warring factions, it wasoften impossible to sort out whether they were politicallymotivated or driven by tribal hatred. However, the savagekilling of a judge of Lofa County in January by theULIMO-Mandingo faction appeared to have clear political intent(see Section 1.g.). There were also unconfirmed but crediblereports of Muslim ULIMO-Mandingo fighters executing civiliansin Lofa County for religious and ethnic reasons (see Section 5).There were no reports that factions punished fighters forpolitically motivated killings, but combatants of all factionswere routinely executed for offenses in the eyes of theircommanders, as in the case of Nixon Gaye, field commander ofthe largest NPFL unit. He was shot August 27 in his reportedmutiny attempt against Charles Taylor and died of his injuriesalong with an unreported number of his supporters. DissidentNPFL cabinet ministers claimed Gaye was tortured to death afterbeing wounded. Charles Taylor admitted on December 23 orderingthe executions of several of his senior military commandersbecause of alleged connivance in the September loss of Gbarnga. b. DisappearanceIn the area under LNTG/ECOMOG control, there were no knowndisappearances. NPFL and ULIMO-Mandingo forces wereresponsible for many unexplained disappearances, notably byimpressment of children (see Sections 5 and 6.d.). Manyfamilies remained divided among those living in Monrovia, thoselocated in other parts of Liberia, and those who fled thecountry and have not yet returned. The International Committeeof the Red Cross (ICRC) has a family tracing program but,because of the inaccessibility of major sectors of the countrythroughout the year, located only a small percentage of themissing persons brought to its attention. In the wake offighting in Bong and Maryland counties in September andOctober, a new wave of approximately 200,000 refugees floodedinto Guinea and Cote d'Ivoire. Many of these refugees wereunable to contact family members. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentWhile the 1985 Constitution prohibits torture and otherdegrading treatment, inhuman treatment continued to befrequent. In the greater Monrovia area under ECOMOG control,with a better educated populace, a freer press, the presence ofnational and international human rights and humanitarian aidgroups, 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 ahot metal object on a suspect's body to induce confession in acriminal investigation--is unconstitutional, the Ministry ofInternal Affairs continued to employ licensed agents whosubjected suspects to this practice. A leading Monrovia-basedhuman rights group brought suit in March seeking compensatorydamages for injuries sustained by victims of the continuingpractice of sassywood. Tribal courts, which use thistraditional mode of justice, did not function because of thedisruptions of the civil war.Eyewitnesses report that ECOMOG soldiers beat and humiliatedpersons at ECOMOG checkpoints in Monrovia, often for curfewviolations. After ECOMOG detained prominent businessman andUnity Party stalwart Peter Bonner Jallah in November 1992 forallegedly abetting the NPFL surprise attack against Monrovia,it released him in May. Jallah credibly claimed that ECOMOGand the preceding government's intelligence officers had beatenhim in the head with a gun butt, administered electricalcharges to his body, burned him about the genitals withgasoline, and handcuffed him so tightly that he now suffersnerve damage in his hands (see Section 1.d.).NPFL fighters stripped, beat, and tortured civilians atnumerous highway checkpoints in NPFL areas, usually inconnection with extortion or other forms of intimidation. TheNPFL reportedly detained and tortured two traditional chiefswho went to NPFL headquarters in Gbarnga in August to convinceCharles Taylor to send representatives to the NationalConference in Monrovia.Roving bands of ULIMO-Krahn and ULIMO-Mandingo fighters raidedvillages in Cape Mount and Bomi counties, pillaging, beating,raping, and murdering civilians as they went. There aresimilar documented reports of primarily Liberian Peace Council(LPC) depredations in the southeastern counties. On June 28,ULIMO-Krahn fighters attacked the UNOMIL regional headquartersin Tubmanburg, beat and tortured six U.N. observers, andcompletely looted the headquarters.All warring factions regularly committed various forms oftorture and mistreatment of civilians, including individual andgang rape and other violence against women.Conditions in government jails continued to belife-threatening. Officials frequently denied prisonersmedical care, family contacts, and adequate food; cellsremained small, crowded, and filthy. Female prisoners wereheld in separate cells in the central prison, but there were noseparate facilities for juvenile offenders. In 1994, however,the LNTG and ECOMOG regularly granted human rights groupsaccess to prisoners in Monrovia, and these groups frequentlyobtained needed medical treatment for their clients. In anumber of cases, the pro bono work of human rights groups andinterested 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, substandardfacilities and subjected to various forms of mistreatment, bothphysical and psychological--including beatings, rape, andthreatened executions. More often, however, displaced personsreported that "authorities" either let prisoners go or shotthem on the spot. d. Arbitrary Arrest, Detention, or ExileThe 1985 Constitution prohibits arbitrary arrest and providesfor the rights of the accused, including warrants for arrestsand the right of detainees either to be charged or releasedwithin 48 hours. In practice, police officers oftendisregarded these rights and made arbitrary arrests. Manypolice officers accepted bribes to arrest persons based onunsubstantiated allegations. At times they failed to informdetainees of the charges against them, and often charges wentunrecorded. The LNTG Ministry of Justice moved to protectcitizens' rights by issuing new procedural guidelines to theBureau of Corrections, limiting the persons authorized tocommit suspects to jail, and filing writs of dismissal fordetainees who were not processed correctly.ECOMOG soldiers played the major role in policing the greaterMonrovia area, and citizens continued to turn to ECOMOGsoldiers rather than the unarmed police force to arrest anddetain alleged criminals. Detentions by ECOMOG peacekeepersfrequently did not satisfy internationally recognizedstandards, and there were unconfirmed reports that ECOMOGcoerced confessions from suspects. ECOMOG did, however,regularly allow NGO's access to prisoners in its variousdetention centers. As a result of politician Peter BonnerJallah's 18-month detention without charge, the Center for Lawand Human Rights Education filed a writ with the Supreme Courtcalling for a definition of ECOMOG's arrest and detentionpowers. In its controversial September decision, the SupremeCourt stated that ECOMOG "as a peacekeeping force has no legalright to arrest and detain any citizen." Toward year's end,ECOMOG and various Liberian security and law enforcementagencies established a "joint task force" intended toappropriately apportion responsibilities and overall securityduties.Although the AFL claims to be the national army,ill-disciplined AFL troops frequently committed some of themost serious human rights abuses (see Sections 1.a. and 1.g.).For example, on June 24, AFL soldiers entered the UNOMILDemobilization Center at Schiefflin and detained the staff for3 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 downthe attempted coup and captured leader Charles Julue, 78 AFLsupporters, and 5 civilians. After a 3-week probe, ECOMOGreleased 40 soldiers and detained 38 for court-martial. Itturned the five civilians over to the civilian judiciary. Thetrial of the five began on October 14 but was suspended as ofyear's end because of procedural and security issues. The AFLcourt-martial of Julue, three other generals, and others beganon November 16 but suffered repeated delays due to securityconcerns caused by dissident AFL soldiers.While accurate arrest information was unavailable, charged anduncharged pretrial detainees in the Monrovia area formed asizable portion of the total incarcerated population. Humanrights groups reported that approximately one-third to one-halfof the prisoners (average 75) at any given moment at theMonrovia central prison compound had not been tried. Modestreforms within the court system, such as limiting the timeframe for argument, reduced somewhat the backlog of judicialcases. Except for the September coup suspects, there were noknown political/security detainees in the Monrovia area underLNTG jurisdiction, but it was impossible to determine thenumber of such detainees elsewhere in the country.On April 5, ECOMOG released 800 NPFL fighters who had been heldfor over a year following their capture during the NPFL'sOctober 1992 "Operation Octopus" attack on Monrovia. UNOMIL,which had been charged under the 1993 Cotonou Peace Accord withsupervising a demobilization program, included the 800 in itsinitial demobilization figure of 3,500.The NPFL committed repeated arbitrary detentions in itsterritory where martial law has been in effect since the warbegan. NPFL fighters had almost unbridled power to makearrests without warrants. They exercised that power often andcapriciously, detaining persons, including U.N. militaryobservers, on spurious grounds or without charge for periodsranging from several hours to several weeks, as in the case inMay of an AFL colonel held for 1 month. The NPFL held 350orphans, whom the NPFL abducted from Fatimah Cottage in October1992, at Cuttington University College until the fightingreached Gbarnga in September. At the height of the fighting,the children fled, with most of them joining the 150,000displaced persons still held by the NPFL at year's end nearTotota. UNOMIL was able to evacuate 58 of the orphans byhelicopter before the security situation made flightsimpossible.There were no reports of Liberians being subjected to forcedpolitical exile. e. Denial of Fair Public TrialThe court structure is divided into four levels with theSupreme Court at its apex. Under the 1985 Constitution,defendants have the due process rights conforming tointernationally accepted norms of fair trial. Most of theserights, however, were ignored in practice.By 1994 all levels of the court system, which had beendevastated by the years of civil war, were functioning inMonrovia, although erratically. While corruption andincompetent 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 schoolgraduates. The 1994 LNTG budget included the judiciary for thefirst time in 4 years, which resulted in judges being givenoffice facilities and vehicles. The Supreme Court, composed ofjustices nominated by the warring factions, continued tooperate.In addition to the resurrection of the modern court system,customary law was also applied in Monrovia. The Ministry ofInternal Affairs subjected persons accused of occult practicesand other crimes to "trial by ordeal," submitting defendants tophysical pain to adjudicate guilt or innocence (see Section1.c.).In the case of two AFL soldiers whom a military court foundguilty of murder, a leading human rights organization on theirbehalf appealed the death sentence to the Supreme Court. TheAFL, claiming no appeal was permitted from a court-martialjudgment, initially threatened to execute the prisoners butsubsequently delayed action after the Supreme Court issued arestraining order. By year's end, the Ministry of Defense hadnot constituted an appeal board.Although in 1991 the NPFL also partially reactivated the courtsystem in areas under its control, legal and judicialprotections have been almost totally lacking since then. Inthe areas controlled by the other factions, there was littlepretense of due process; swift judgment was meted out by thefaction leaders. Given the continuing war, it was not possibleto determine the total number of political/security detainees(see Section 1.d.) or political prisoners among the prisonersheld by the factions. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceWhile the Constitution provides for these rights, there weremany serious abuses of privacy and home--including confiscationof property and failure to obtain required warrants--by thepolice and fighters of all the warring factions. According tothe Constitution, the police must have a warrant or areasonable belief that a crime is in progress, or is about tobe committed, before entering a private dwelling. In practice,the police engaged in forced entry without a warrant to carryout arrests and investigations.Combatants of all the warring factions looted villages duringthe year, with ULIMO-Krahn and ULIMO-Mandingo factions in Bomiand Cape Mount counties and LPC and NPFL fighters insoutheastern counties and elsewhere drawing considerable publicoutrage. These forces pilfered virtually any item of value andregularly demanded scarce food and personal valuables fromalready impoverished residents or displaced persons, oftenrobbing them of their clothes and physically abusing them,particularly at checkpoints. Confiscation of private homes andvehicles was common practice.These factions also used forced entry for purposes ofintimidation. For example, AFL soldiers made two raids on theMonrovia residence of a legislative representative to harassthe representative for his support of the new police director.In one instance, an AFL soldier shot the representative's guardin the leg. The representative sent a formal letter to theTransitional Legislative Assembly accusing four members of theAFL high command of attempted murder. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsIn 1994 the warring factions inflicted considerably more harmon noncombatants than on each other. All factionsindiscriminately ransacked villages and confiscated scant foodsupplies. They deliberately targeted, tortured, and murderedinnocent civilians and regularly committed violence againstwomen, 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 ethniccomponents, the ULIMO-Mandingo faction and the ULIMO-Krahnfaction. While there was intra-ULIMO fighting in the westerncounties, both ULIMO wings joined other groups, including theAFL, in fighting NPFL-Taylor forces in central Liberia. Madeup of remnants of late President Samuel Doe's army, the AFLcontrolled pockets of terrain along the road to Buchanan and afew areas in and around the Firestone Plantation. The LPC, apredominantly Krahn group drawing major support from active andformer AFL combatants, emerged in late 1993 and made seriousinroads in 1994 against the NPFL in the south and easterncoastal region. Krahn ethnic loyalties closely linked theULIMO-Krahn, the AFL, and the LPC. The Lofa Defense Force(LDF) provided sporadic challenge to ULIMO-Mandingo control ofthe northwest.The NPFL also suffered a schism. In August a trio of dissidentNPFL ministers, who took their LNTG cabinet seats in April,declared Charles Taylor unseated as Chairman of the NPFL'sCentral Revolutionary Committee. They joined other splintergroups in an anti-Taylor coalition which participated withULIMO-Mandingo forces in a successful September attack onTaylor's Gbarnga headquarters which he reoccupied in December(see Section 1.a.).There were many incidents throughout the year in whichcivilians died. On June 9, LDF fighters reportedly massacredor summarily shot 75 civilians at Russie village near Zorzor inLofa county. On June 22, ULIMO-Mandingos massacred ninecivilians, including women and children, in Brewerville,Montserrado county. Witnesses confirmed that ULIMO troopsquestioned the victims about their tribal backgrounds and thenkilled or tortured them and threw their bodies into a well. Inlate August, ULIMO-Krahn fighters massacred between 20 and 30persons in Gbesseh town, Cape Mount county. In September therewere numerous reports of a "massacre" by ULIMO-Mandingofighters who attacked Phebe Hospital near Gbarnga, looting itand killing an unknown number of civilians, including severalPhebe staff members. Subsequently, NPFL leader Charles Taylorimplied the killings of civilians at Phebe had been committedby members of the NPFL. In mid-December, fighters ofundetermined affiliation attacked the Paynesville suburb ofMonrovia, shooting, hacking, and burning 66 civilians to death.Credible reports indicated that NPFL, ULIMO-Krahn,ULIMO-Mandingo, and LPC fighters committed acts ofcannibalism. In some instances, the fighters ate specificorgans in the belief that it would make the fighter stronger.Human rights groups estimated that 3 to 6 percent of combatantsparticipated. Displaced persons reported seeing severedextremities and extracted body parts, such as the heart of aLofa county judge displayed in the streets of Voinjama after hewas murdered by ULIMO-Mandingo forces. Often, it wasimpossible to know where the victim came from or what hadhappened; on September 21, a diplomat came upon anunidentified, naked and tortured corpse (pieces of rope on thedeceased's wrist) along the main road through a Monrovia suburb.The NPFL took credit for mining the Bong Mine-Kakata Road, thefeeder roads to the Monrovia-Buchanan Highway, and threatenedto mine the Totota-Kakata Highway if anyone attempted to savethe 150,000 displaced persons in Totota. Three mine explosionselsewhere killed several civilians and two ECOMOG soldiers.Relief organizations estimated that 1.1 million persons havebeen internally displaced since the war began. Most of theseare dependent on humanitarian aid for survival. Upper Lofacounty, for instance, where a $1 million staging base in Vahunhad been gutted by ULIMO brigands in December 1993, remainedbereft of relief operations throughout the year because thesecurity situation was too unstable to allow relief workers toreturn. Fierce fighting in other sectors of the countryhampered humanitarian work. Faction leaders and theirfollowers, suspicious of the possible supply of aid to theenemy, often refused to allow international and humanitarianrelief agencies access beyond their checkpoints to distributefood and supplies. U.N. and relief agencies reportedcontinuous harassment and detention of their staffs,confiscation of vehicles, and looting of foodstuffs, medicalsupplies, and gasoline.In September interfactional warfare erupted in central Liberiawith such renewed brutality that over 200,000 Liberians fledtheir homes, some to the bush and others into Guinea and theIvory Coast. U.N. agencies and NGO's withdrew their up-countrystaffs after the NPFL took 43 U.N. observers hostage in varioussectors of NPFL territory and after millions of dollars of U.N.and humanitarian assistance supplies and equipment had beenstolen. Assistance outside the Monrovia and Buchanan areasground to a halt in September but resumed to a few locations atgreatly reduced levels late in the year.</text>
</content>
<name>Liberia </name>
<script></script>
</card>
card_41759.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: LESOTHO HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 LESOTHOLesotho 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingSecurity 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. DisappearanceThere were no reports of politically related disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere 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 ExileDuring 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 TrialThe 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 CorrespondenceAlthough 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 PressThe 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 AssociationUnder 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 ReligionThere is no state religion, and all faiths may worship free of government restriction. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens 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 GovernmentAfter 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 RightsNeither 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 StatusThe 1993 Constitution prohibits discrimination based on race, color, sex, language, religion, political or other opinion, national or social origin, birth or other status. WomenBoth 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. ChildrenThe 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 MinoritiesMost 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 DisabilitiesThe 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 AssociationWorkers 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 CollectivelyAll 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 LaborThe 1987 Employment Act prohibits forced or compulsory labor, and there is no indication that such labor is practiced. d. Minimum Age for Employment of ChildrenThe 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 WorkWages 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.</text>
</content>
<name>Lesotho </name>
<script></script>
</card>
card_41654.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: LEBANON HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe Constitution states that the people have the right tochange their government in periodic free and fair elections.However, the 1992 parliamentary election was not prepared orcarried out impartially. There were widespread reports ofirregularities and vote rigging, and non-Lebanese militaryforces exerted considerable influence over the preparation oflists of candidates, who were consequently assured of victory.The majority of Christians and many Muslims boycotted theelection as candidates and voters to protest holding theelection before Syrian military forces had been redeployed.Consequently, the election results did not reflect the fullspectrum of the body politic and cast doubt on the people'sability to change their government democratically.According to the Constitution, elections for the Parliamentmust be held every 4 years. The Parliament elects thePresident who serves one 6-year term. The President andParliament 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 ofParliament a Shi'a Muslim. Until 1990, seats in Parliamentwere divided on a six-to-five ratio of Christians to Muslims.Under the national reconciliation agreement reached in Taif inOctober 1989, members of Parliament agreed to alter theNational Pact to create a 50-50 balance between Christian andMuslim members of Parliament. The Taif Accord also increasedthe number of seats in parliament and transferred some powersfrom the President to the Prime Minister and Cabinet.Women have the right to vote, and there are no legal barriersto participation by women in politics. Three women wereelected to Parliament in 1992. Other women hold policy-levelpositions in the Government.Palestinian refugees have no political rights. An estimated 17Palestinian factions operate in Lebanon, generally organizedaround prominent individuals. Most Palestinians live inrefugee camps controlled by one or more factions. The leadersof the refugees are not elected, nor are there anydemocratically organized institutions in the camps.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsSeveral human rights groups, including the Foundation forHumanitarian Rights, the Lebanese Association for Human Rights,and the Bar Association's Office for Human Rights, operatefreely without government interference. There were no knownrequests by international human rights organizations to visitLebanon in 1994. The SLA has refused to allow theInternational Committee of the Red Cross and otherinternational humanitarian groups to visit the Al-Khiyam prisonin South Lebanon.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenThe Constitution calls for "social justice and equality ofduties and rights among all citizens without prejudice orfavoritism." In practice, aspects of the law and traditionalmores discriminate against women. Only males may confercitizenship on their spouses and children. In some cases, thismeans that children born to Lebanese mothers and statelessfathers are themselves stateless.The law stipulates that a woman must obtain her husband'sapproval to open a business or engage in trade. The Parliamenthas not yet acted on an amendment introduced to change thislaw. Women may own property but often cede effective controlover it due to cultural reasons. The law also accordspreferential treatment to males accused of crimes of honor (seeSection 1.e.).Religious groups have their own family and personal status lawsadministered by religious courts. Each group differs in itstreatment of marriage, family property rights, andinheritance. Many of these laws discriminate against women.For example, Sunni inheritance law gives a son twice the shareof a daughter. Although Muslim men may divorce easily, Muslimwomen 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 insome parts of society. Males sometimes exercise considerablecontrol over female relatives, restricting their activitiesoutside the home or contact with friends and relatives.Violence against women occurs; the press frequently reportscases of rape. However, there are no authoritative statisticson the extent of spousal violence. Doctors and social workersbelieve most abused women do not seek medical help. Thesociety's emphasis on personal privacy and honor makes itdifficult for women to seek legal redress. The Government hasnot expressed an interest in the problem of violence againstwomen nor has it made an effort to combat it. ChildrenThe plight of children is a growing concern but the Governmenthas not allocated funds specifically to protect them. Anundetermined number of children are neglected, abused,exploited, and even sold to adoption agents. There arehundreds of abandoned children in the streets, begging andcleaning car windows; others are hired illegally at low wages.Juvenile delinquency is rising; many delinquents wait inordinary prisons for trial and remain there after sentencing.Limited financial resources have hindered efforts to buildadequate facilities to rehabilitate delinquents. National/Racial/Ethnic MinoritiesAccording to the United Nations, an estimated 250,000Palestinian refugees live in Lebanon. The Government ended itspractice of denying work permits to Palestinians in 1991.Nonetheless, Palestinians still encounter job discrimination.Palestinians and other aliens may own land of a limited sizeand only after obtaining the approval of five districtoffices. The law applies to all aliens, but for political,cultural, and economic reasons it is applied in a mannerdisadvantageous to the Palestinians and, to a lesser extent,Kurds. Religious MinoritiesDiscrimination based on religion is built into the system ofgovernment. The amended Constitution of 1990 embraces theprinciple of abolishing religious affiliation as a criterionfor filling all government positions, but no steps have beentaken to accomplish this. People with DisabilitiesOver 100,000 people have sustained disabilities during thecivil war. The care for the disabled is generally a functionperformed by families. Most efforts to secure education,independence, health, and shelter for the disabled are made bysome 100 private organizations for the handicapped. Ingeneral, these organizations are poorly funded.Lebanon's heavily damaged cities make no accommodation for thedisabled. Building codes have no requirements for ease ofaccess.Section 6 Worker Rights a. The Right of AssociationAll workers, except government employees, may establish andjoin unions and have a legal right to strike. Workers have theright to elect their union leaders by secret ballot. About600,000 workers are organized in 160 labor unions andassociations. 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 wasformed--the Federation of Sectoral Syndicates. Unions are freeto affiliate with international organizations.In general the Government does not control or restrict unions,although some union leaders allege that the Government hastried to intervene in elections in favor of certain unionofficials.Palestinian refugees may organize their own unions, but few doso 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 noknown instances of such retribution during the year. b. The Right to Organize and Bargain CollectivelyThe right of workers to organize and bargain exists in law andpractice. Most workers' groups engage in some form ofcollective bargaining with their employers. Stronger unionsare able to obtain significant gains for their members; weakerunions rely on the mediation of the CGTL. There is nogovernment mechanism to promote voluntary labor-managementnegotiations. Workers have no statutory protection againstantiunion discrimination.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborAlthough forced labor is not prohibited by law, the Governmentdoes not condone it. However, employers sometimes force somecategories of foreign workers, especially those working asdomestic servants, to remain in situations amounting to coercedlabor. d. Minimum Age for Employment of ChildrenThe 1946 Labor Code stipulates that workers between the ages of8 and 16 may not work more than 7 hours a day, or between 7p.m. and 6 a.m. The Code also prohibits children from engagingin certain types of mechanical work. There is a generalprohibition against "jobs out of proportion with a worker'sage." The Labor Ministry is tasked with enforcing theserequirements, but it has few resources and a demoralized andsometimes corrupt staff. The Ministry does not rigorouslyapply the law. e. Acceptable Conditions of WorkThe Labor Ministry sets the legal monthly minimum wage at $117(197,000 Lebanese pounds), but does not enforce it in theprivate sector. The minimum wage is not sufficient to supporta worker and his or her family. Many workers hold more thanone job.The labor law prescribes a standard 6-day workweek of 48 hours,with a 24-hour rest period per week. In practice, workers inthe industrial sector work an average of 35 hours a week, andworkers in other sectors of the economy work an average of 30hours a week. The law includes specific occupational healthand safety regulations. Labor regulations call on employers totake adequate precautions for employee safety. The Ministry ofLabor has been lax in enforcement. There is no law or policygiving workers the right to remove themselves from hazardousconditions.</text>
</content>
<name> </name>
<script></script>
</card>
card_41431.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: LEBANON HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 LEBANONLebanon is a parliamentary republic in which the President isby tradition a Maronite Christian, the Prime Minister a SunniMuslim, and the Speaker of the Chamber of Deputies a Shi'aMuslim. The Parliament consists of 128 deputies, equallydivided between Christian and Muslim representatives.The security forces comprise the Lebanese Armed Forces (LAF),which may arrest and detain suspects on national securitygrounds; 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, bothof which collect information on groups that may jeopardizestate security.Non-Lebanese military forces control much of Lebanon. Theseinclude about 30,000 Syrian troops, a contingent of Israeliarmy regulars and an Israeli-supported militia in southernLebanon, and several armed Palestinian factions. All underminethe authority of the central Government and prevent theapplication of law in areas not under its control. In 1991 theGovernments of Lebanon and Syria concluded a security agreementwhich provides a framework for cooperation between their armedforces. However, Syrian military and intelligence units inLebanon conduct their activities independently of theagreement.In 1989 the Arab League brokered a peace settlement at Taif,Saudi Arabia, to end the hostilities in Lebanon. According tothe Taif Accord, Syrian troops were scheduled to be redeployedfrom Lebanon's coastal population areas to the Biqa' Valley,with full redeployment to take place thereafter. The SyrianGovernment has refused to carry out that redeployment.Lebanese government officials have not pressed the issue,citing such reasons as the Lebanese Army's alleged unreadinessto take over security functions from Syrian forces. However,pervasive Syrian influence over Lebanese politics anddecisionmakers lies at the root of the Government'sunwillingness to engage Syrian authorities on the withdrawal.This relationship with Syria does not reflect the will ofsignificant segments of the Lebanese public.Israel exerts control in and near its self-proclaimed "security1one" in southern Lebanon through its surrogate, the SouthLebanon Army (SLA), and the presence of about 1,000 Israelitroops. The SLA maintains a separate and arbitrary system ofjustice in the zone, independent of Lebanese centralauthority. SLA officials have reportedly deported some allegedcriminals to Israel to face legal charges. Also in southLebanon, the Iranian-backed Shi'a Muslim militia, Hizballah,and allied Palestinian guerillas continue to be locked in acycle of raids and counterraids with Israeli forces and the SLA.Palestinian groups operate autonomously in refugee campsthroughout the country and maintain a separate, arbitrarysystem of justice for other Palestinians. In 1994 theGovernment continued to consolidate its authority in the partsof the country under its control. It has disarmed privateChristian militias but has made little effort to disarmHizballah and its allies, the SLA, or to reassert state controlover the Palestinian refugee camps.Before the 1975-89 hostilities, Lebanon was an importantfinancial and commercial center. The war weakened itscommercial leadership and inflicted massive damage on theeconomic infrastructure. In 1994 the free market economycontinued to recover, as the Government took steps to restoreconfidence and implement a reconstruction program. Althoughmany citizens lack the confidence to repatriate much of theestimated $30 billion deposited abroad, there have been somesignificant cash flows reflecting cautious optimism in theGovernment's program.The human rights situation continued to deteriorate.Government abuses included the arrest and detention ofindividuals and groups opposed to government policies and thepresence of Syrian forces. There were credible reports thatgovernment forces tortured and mistreated prisoners. InFebruary the bombing of a Maronite Christian churchprecipitated 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 beforefiling formal charges, revoked the LF's license as a politicalparty. Second, in March the Government suspended all newsbroadcasts on the grounds that some broadcasters were using thechurch bombing to inflame sectarian tensions. The Governmentlifted the suspension in July. In October Parliament passed anew audiovisual law which most interested parties consideradequate to protect freedom of expression. The LF remainsbanned. Although the overall level of armed conflict declined,life and property, especially in the south, are stillthreatened by artillery and aerial attacks by the variouscontending forces. In 1994 these forces continued to carry outabductions, assassinations, and terrorist bombings.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingIn 1994 political killings declined as the Government furtherconsolidated its authority over the country. However, securityor police personnel were responsible for at least threeextrajudicial killings. In one case, authorities at theBayt-Al-Din Prison beat a prisoner, Tariq Hassaniyah, to deathin March. Authorities arrested the warden and five officers,but at the end of the year had not made public theirinvestigation, nor had they brought any charges against theperpetrators.Amnesty International (AI) reported that Fawzi Al-Rasi, aprisoner in his early thirties, died in custody on April 22.According to official sources, Al-Rasi died of a heart attackwhile detained at the Ministry of Defense. However, Al-Rasi'scolleagues maintained that his heart attack resulted fromphysical abuse.In July, the Lebanese Association for Human Rights claimed thata suspect died during an interrogation conducted by narcoticsofficers. According to the Association, citizens have lodgednumerous complaints about the Antidrug Bureau, where officersreportedly detain suspects for weeks without charge; some arereportedly tortured. At year's end, the Government had notinvestigated or punished those responsible for these allegedkillings.Various factions and unknown persons carried outassassinations. On April 12, an Iraqi opposition figure, TalibSuhayl al-Tamimi, was assassinated in Beirut. Security forcesarrested two Iraqi diplomats assigned to Beirut and chargedthem with murder. According to newspaper reports, the suspectsadmitted their guilt, but at year's end there was no movementtowards a trial.Rival Palestinian factions continued to engage in a cycle ofpolitically motivated murders, mostly in the southern city ofSidon and nearby refugee camps.On January 29, two gunmen assassinated Na'eb 'Umranal-Ma'ayitah, first secretary of the Jordanian Embassy inBeirut. Authorities arrested and tried seven personsassociated with the radical Abu Nidal Palestinian faction forthe crime. In October a court sentenced the four principaldefendants to death and the others to 10 years in prison forabetting the crime. The death sentences were commuted to lifeimprisonment at hard labor. b. DisappearanceThere were no known disappearances attributable to statesecurity forces. However, the fate of thousands of inhabitantskidnaped during the years of civil unrest is still unknown.Militias and non-Lebanese forces were responsible for most ofthe kidnapings. Some victims are believed to have beenmurdered. The Government has taken no judicial action againstgroups responsible for the kidnapings.On May 21, Israeli commandos abducted the senior leader of anIslamic resistance organization, Mustafa Dirani, from his housein the central region of the Biqa' Valley, an area under Syriancontrol. Dirani is detained in Israel. Israeli authoritiesstated that they had seized Dirani to obtain information fromhim on the fate of a missing Israeli pilot, Ron Arad, who wasshot down over Lebanon in 1986 and is still listed as missing. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere continued to be credible reports that the Lebanese Armyin some instances employed torture against the members of thedisbanded Christian militia, the Lebanese Forces (LF). Armypersonnel beat detainees and suspended them by their wrists forlengthy periods. The Government has not adequatelyinvestigated those accused of the abuse, nor has it punishedanyone.The Government made no attempt to investigate reports thatsecurity forces tortured several persons arrested in 1993 andcharged them with contact with the enemy--Israel--andconspiracy to aid enemy forces. According to AI, securityforces broke the arm of one suspect, George Haddad, during aninterrogation in 1993. In January AI expressed concern aboutthe arrest and reported torture of Samir Nasr in late 1993.Nasr was charged with dealing with the enemy--Israel--solely onthe basis of a statement extracted under duress.AI also reported that Hanna Atiq, arrested in the spring forhis suspected involvement in the bombing of a church, wasadmitted to a hospital for injuries reportedly sustained whileunder interrogation at the Ministry of Defense.In September the Army's intelligence services arrested severalindividuals for their alleged involvement in authoring anddistributing a leaflet opposing Syrian influence in Lebanon.Ministry of Defense security officers reportedly beat the maledetainees, hung them by their wrists, and beat them on thetesticles during interrogation. The officers reportedlystripped two female detainees of their clothing and insultedthem. During the interrogation, security officials did notallow the detainees access to their lawyers. The Governmentcharged the detainees under Article 295 of the Penal Code(campaign aimed at weakening the national feeling or incitingsectarian discord) and Article 125 of the Military Code(conspiracy aimed at a leader's authority or soldier'ssecurity). Authorities detained the group for 23 days and thenreleased them. No date has been set for trial.Prison conditions do not meet internationally recognizedminimum standards. Inmates lack heat, and there are aninsufficient number of showers and toilets. In September theMinister of Interior acknowledged publicly that the prisons areovercrowded, with 50 to 60 prisoners often housed to a cell.There are as many as 60 children detained in prisons, sharingthe same facilities as adult prisoners.Abuses also occurred in areas outside the State's authority,especially in the Palestinian refugee camps. There werecredible reports that members of the various Palestinian groupswhich control the camps detained and tortured their Palestinianrivals. d. Arbitrary Arrest, Detention, or ExileThe Government resorts to arbitrary arrest and detention.Although the law requires security forces to obtain arrestwarrants before making arrests, the military prosecutorreportedly issues blank warrants to be completed after arrestare made. Arresting officers are supposed to refer suspects toa prosecutor within 24 hours of arrest but frequently do not.The law requires the authorities to release a suspect after 48hours of arrest if they do not bring formal charges againsthim. Some prosecutors flout this requirement and detainsuspects for long periods in pretrial confinement without acourt order. The law authorizes a judge to remand a suspect toincommunicado detention. There is a system of bail, but felonsare excluded from using it. Defendants have the right to legalcounsel, but there is no public defender's office for those whocannot afford a lawyer.The army continued the practice of arbitrary arrest, detainingmainly the former members of the dissolved Christian militia,the Lebanese Forces. It conducted most of these detentionsafter a bomb at a Maronite Christian church in the Al-Zuqregion of Kisriwan killed 12 worshipers and injured manyothers. The Army reportedly detained the former militiamen inorder to carry out their investigation into the bombing. LFcommander Samir Ja'ja publicly stated that the Christiancommunity needed to take security measures if the State wasunable to do so. The Army released most of the detainees after2 or 3 days.In April security forces arrested Samir Ja'ja' as a suspect inthe Al-Zuq church bombing--and also in the 1990 murders of DanyChamoun, the leader of the Liberal Party, his wife, and twochildren. Defense lawyers maintain that Ja'Ja's detention inan underground room at the Ministry of Defense violates the lawand that the conditions of detention are degrading andinhuman. The Government maintains that it selected thedetention facility to safeguard Ja'ja's life from possibleassassins.In April Army intelligence officers arrested 12 Lebanesemembers of the Iraqi Ba'th Party and transferred some of theminto the custody of Syrian authorities. Security forcesarrested another Lebanese member of that party, Rafiq AbuYounes, in September. By year's end, the Government had notprovided information about his whereabouts.Security forces also detained persons who opposed the presenceof Syrian forces in Lebanon (see Section 1.c.).Local militias and non-Lebanese forces continued to conductarbitrary arrests in areas outside the central Government'sauthority. The SLA detains at least 200 Lebanese citizens andan undetermined number of Palestinians at the Al-Khiyam prisonin South Lebanon. The SLA denies detainees the right tocorrespond with family members and prohibits visits by familymembers and representatives of the International Committee ofthe Red Cross, despite receiving many requests for such visits.Israel is known to hold several Lebanese citizens, includingSheikh Abdel Karim Obaid and Mustafa Dirani, who are figuresassociated with the Islamic resistance.Palestinian refugees are subject to arrest, detention, andharassment by the state security forces, Syrian securityforces, the various militias, and rival Palestinian factions.In the recent past, the Government resorted in a few cases toexile as a means of punishment. In 1991 it pardoned formerarmy commander and self-proclaimed Prime Minister GeneralMichel 'Awn and two aides, on condition that they depart thecountry and remain in exile for 5 years. The Government hadaccused the three of attempting to usurp the authority of theState. They remain in exile. e. Denial of Fair Public TrialThe Lebanese judicial system is composed of the regularcivilian courts; military courts, which try cases involvingmilitary personnel; the Judicial Council, which is a statesecurity court; and the religious tribunals of the variousdenominations which adjudicate disputes involving marriage,inheritance, and personal status.The Judicial Council is a permanent tribunal of five seniorjudges who adjudicate cases involving threats to statesecurity. 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 ofexecutive authority. However, influential politicians andSyrian intelligence officers sometimes intervene to protecttheir clients from prosecution.The Ministry of Justice appoints judges according to a formulabased on religious affiliation. Low salaries have compelledcompetent judges to resign from the bench while others havebecome susceptible to corruption and bribery. In 1994 theMinister of Justice announced the nomination of 42 additionaljudges. The shortage of judges has impeded efforts toadjudicate cases backloged during the years of internalconflict.Trial delays are also caused by the Government's inability toconduct investigations in areas outside its control. Accordingto the Minister of Interior, 600 prisoners are in detention,some for long periods, awaiting trial.In refugee camps, Palestinian elements operate an autonomousand arbitrary system of justice. The Islamic militia,Hizballah, operates its own system of justice. In February itstated that Islamic law would apply in the areas it controls.In 1994 Hizballah authorities tried and executed a personaccused of murder. The Government did not attempt to stop theexecution. According to Lebanese press reports, Hizballah isholding in captivity Muhammad Dirani, a cousin of MustafaDirani, an Islamic leader abducted by Israeli commandoes (seeSection l.b.). Hizballah has reportedly accused MuhammadDirani of collaborating with Israel in the abduction.The legal system is discriminatory in its handling of so-calledcrimes of honor. According to the Penal Code, the male killerof a wife, sister, or mother may avoid conviction if he candemonstrate that he committed the crime in response to anillegitimate sexual relation by the victim.There are no known political prisoners, although theauthorities often detain without charges political opponents ofthe Syrian and Lebanese Governments for short periods. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceWhile the authorities generally show little interest incontrolling the personal lives of citizens, they are notreluctant to interfere with the privacy of persons regarded asfoes of the Government. Laws require that prosecutors mustobtain warrants before entering houses, except when the army isin hot pursuit of an armed attacker. Militias and non-Lebaneseforces operating outside areas of central government authorityhave frequently violated rights of privacy. Various factionsand the Government use informer networks and monitor telephonesto gather information on their foes. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsAn undetermined number of civilians continue to be killed inSouth Lebanon, as Hizballah and its associated Lebanese andPalestinian militias, on the one hand, and Israeli forces andthe SLA, on the other, engaged in a cycle of violence. Theformer attacked SLA troops deployed on Lebanese soil and inJune conducted a rocket attack on northern Israel. Israeliforces conducted repeated air strikes and artillery barrages onpurported guerrilla and terrorist targets inside Lebanon.On June 2, Israeli helicopters attacked a Hizballah militarytraining camp east of Ba'albak, killing 26 persons and injuring40. In retaliation, Lebanese resistance forces, principallyHizballah, fired 40 Katyusha rockets at settlements in northernIsrael. On August 5, an Israeli helicopter raid targeted aresidential building in the township of Dayr al-Zahrani. Sevenpersons were killed and 17 wounded.From July 25 to August 24, Israeli forces imposed a blockade ofall vehicular traffic into and out of the southern Lebanontownship of Yuhmur, permitting only pedestrian access.According to international observers, the blockade led to ashortage of potable water and an outbreak of skin diseasesamong the inhabitants.The Government, and to a much greater extent the SLA andHizballah, continue to violate international humanitarianstandards with respect to the treatment of prisoners.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressAlthough Lebanon has a long history of freedom of opinion,speech, and press, in 1994 the Government seriously infringedthese freedoms. From March to July, it prohibited thebroadcast of news and political commentary by all privatelyowned television and radio stations. The Government imposedthe ban after dissolving the former Christian militia andpolitical party, the Lebanese Forces, which it accused ofbombing a Maronite church in Al-Zuq in February (see Section1.d.). Government supporters argued that the ban was necessarybecause, in the aftermath of the bombing, privately ownedbroadcasting stations might enflame sectarian tensions.However, the effect was to stifle temporarily dissent andLebanon's tradition of cultural and religious diversity.The Government rescinded the ban after the Speaker of theChamber of Deputies introduced a bill urging the ban'srescission and calling for a review of the laws onbroadcasting. In October Parliament passed a new audiovisuallaw which most parties consider an adequate safeguard offreedom of expression.The Government has several legal tools at its disposal tocontrol the freedom of expression. The Surete General, underMinistry of Interior jurisdiction, is authorized to approve allforeign magazines and nonperiodical works including books,plays, and films before they are distributed on the market. In1994 the Ministry prohibited the screening of an Egyptian film,"The Terrorist", a satire on Islamic fundamentalism, after someIslamic dignitaries voiced complaints. In July InteriorMinistry authorities prohibited the import of Al-Wasat, amagazine published in London, because it included an interviewwith Ghassan Tuma, a member of the dissolved LF party. In Junea court sentenced Tuma in absentia to 20 years for conspiracyto assassinate the President.Lebanese law prohibits attacks on the dignity of the Head ofState or foreign leaders. The Government may prosecuteoffending journalists and publications in a special courtempowered to try such matters. In August the Governmentprosecuted a pro-Syrian newspaper, Al-Sharq, after it printedcartoons deemed insulting to the President. The Governmenttook another newspaper, Ad-Diyar, to court in September for"attacking the dignity" of the President. At year's end, bothnewspapers continued to publish, but their cases were pending.The 1991 security agreement between Lebanon and Syria containsa provision that effectively prohibits the publication of anyinformation deemed harmful to the security of either State.Under the risk of prosecution, Lebanese journalists censorthemselves on matters related to Syria.In September the Government arrested five persons for postingwall bills urging a well-known signer to cancel a concertscheduled to benefit the reconstruction of Beirut. The postersurged the cancellation to protest the city's controversialreconstruction plans. The Government released them only afterthe concert was held, but did not cite them for any wrongdoing.In 1994 the Parliament approved several amendments to therestrictive press regulations imposed during the civil war,such as Law Decree 104 of 1977. The amendments withdrew theauthority of the Minister of Interior to close a publication bydecree and the authority of the Attorney General, or any court,to close a publication involved in litigation until a courtrenders a verdict. Other amendments prohibit the pretrialdetention of journalists accused in press crimes andimprisonment for any crime not specified in the Penal Code.Lebanon has a strong tradition of academic freedom and aflourishing private educational system. The Government doesnot usually interfere with professors, curricula, or studentgroups. b. Freedom of Peaceful Assembly and AssociationCitizens wishing to hold a public rally must obtain approvalfrom the Ministry of Interior. The Government does not applythis law uniformly. In 1994 the Ministry approved requests forrallies from some non-Christian political factions, includingthe Shi'a Muslim Amal Movement, the mostly Druze ProgressiveSocialist Party, the Sunni Muslim group al-Ahbash, andsupporters of the Prime Minister. The Ministry disapprovedrequests from some Christian groups.In April army troops fired shots in the air to disperse a crowdgathered at the residence of the Maronite Patriarch to protestthe arrest of the former LF Commander Samir Ja'ja'. However,the Government did not interfere with demonstrations andmarches organized by Hizballah.In general the Government does not interfere with theestablishment of private organizations; however, citizensrequire government approval to establish political parties.However, the army intelligence service monitors the movementand activities of members of opposition groups.The Ministry of Interior scrutinizes requests to establishpolitical parties and to some extent monitors the activities ofall parties.In 1994 the Government dissolved the Lebanese Forces as apolitical party, accusing it of involvement in the Al-Zuqchurch bombing. LF supporters claim the dissolution wasillegal because the LF had not been found guilty of anywrongdoing. Nonetheless, the Government has not made similarmoves to dissolve Hizballah or Amal. Neither Israel nor Syriaallow groups openly hostile to them to operate in areas undertheir control. c. Freedom of ReligionThe State does not interfere with the practice of religion, theactivities of foreign clergy, or places of worship. TheGovernment officially recognizes 17 religions or denominations,including Christians, Muslims, Druze, and Jews. Citizens havethe right to convert to another religion, but convertsfrequently suffer social ostracism in this religiouslydifferentiated society. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationIn general the Government does not interfere with the foreigntravel of citizens, but obstacles remain. Travel to Israel isprohibited by law, but many citizens undertake such travel viaIsraeli-controlled territory in South Lebanon. A woman isrequired by law to obtain her husband's or father's permissionfor a passport. There are no legal restrictions on the rightof citizens to return. Palestinian refugees living in Lebanonhave the right to return after foreign travel.Lebanese armed forces and Syrian troops maintain checkpoints inareas under their control. In South Lebanon, the SLA, Israeliforces, and the Lebanese Army all maintain tight restrictionson the movement of people and goods into and out of thesecurity zone.After years of internal conflict, the recent spread ofgovernment authority has removed barriers that had previouslyhindered domestic travel. The Government has encouraged thereturn to their homes of over 600,000 persons displaced duringthe civil war. Although some people have begun to reclaimtheir homes abandoned during the war, the vast majority ofdisplaced persons have not attempted to reclaim theirproperty. The resettlement process is slowed by tightbudgetary constraints, destroyed infrastructure, the lack ofschools and economic opportunities, and the fear that physicalsecurity is still lacking in some parts of the country.In June the Government issued a decree extending citizenship toan estimated 120,000 stateless residents excluding Palestinianrefugees. Some Christian leaders criticized the move asnumerically favoring the Muslim community and contributing toan imbalance among the country's religions.</text>
</content>
<name>Lebanon </name>
<script></script>
</card>
card_40983.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: LATVIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 LATVIALatvia, 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere were no known instances of political abductions or disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThere 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 TrialAlthough 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 CorrespondenceBy 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 PressLatvia 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 ReligionThe 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 RepatriationThere 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 GovernmentCitizens 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 StatusThe 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. WomenWomen 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. ChildrenThe 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 MinoritiesThe 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 DisabilitiesLatvia 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 AssociationLatvia'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 LaborThe 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 ChildrenThe 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 WorkIn 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.</text>
</content>
<name>Latvia </name>
<script></script>
</card>
card_40609.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: LAOS HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 LAOSThe 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere 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 PunishmentThe 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 ExileThe 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 TrialAlthough 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 CorrespondenceConcomitant 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 PressDespite 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 AssociationThe 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 ReligionThe 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 RepatriationIn 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 GovernmentCitizens 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 RightsThere 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 StatusThe Constitution provides for equal treatment under the law for all Lao citizens without regard to sex, social status, education, faith, or ethnicity. WomenThere 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. ChildrenViolence 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 MinoritiesThe 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 DisabilitiesWith 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 AssociationAlthough 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 CollectivelyThere 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 LaborThe 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 ChildrenUnder 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 WorkThe 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.</text>
</content>
<name>Laos </name>
<script></script>
</card>
card_40248.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: KYRGYZ REPUBLIC HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 KYRGYZ REPUBLICThe Kyrgyz Republic became an independent state in 1991.Although the 1993 Constitution defines the form of governmentas a democratic republic with substantial civil rights for itscitizens, the President, Askar Akayev, continues to dominatethe Government. First elected President by the KyrgyzstanSupreme Soviet in 1990, he was "reelected" in a 1991 referendumin which he was unopposed. His term of office was reaffirmedin a January 1994 referendum. Following a series ofpresidential decrees in September, an October 22 nationalreferendum approved constitutional amendments allowing theConstitution to be amended by future referendums and callingfor the formation of a new 105-member bicameral Parliament.Parliamentary elections scheduled for December 24 werepostponed until February 1995.The Committee on National Security (KNB) has inherited much ofits personnel and infrastructure from the Soviet Committee forState Security, or KGB. The KNB Chairman is a member of theCabinet. The KNB appears to be under the full control of theGovernment, and it must conform its actions to the law.The Kyrgyz Republic is a poor, very mountainous country, with apredominantly agricultural economy highly dependent on tradewith the other states of the former Soviet Union. TheGovernment is committed to establish a market economy,encourage privatization, and attract foreign investment. In1994 it made significant progress in controlling inflation andstabilizing the currency, but industrial production and thestandard of living continued to fall.The major human rights question raised in 1994 was whether theGovernment was manipulating the political system to ensure itsretention of power. It closed two newspapers that hadcriticized its policies and engineered a parliamentary boycott,at least in part to prevent investigation of governmentcorruption and to create a more malleable legislative body.Other human rights problems include executive branch dominationof the judiciary (with concomitant lack of protection againstarbitrary detention and assurance of fair trial), and ethnicdiscrimination.In response to the exodus of the Russian-speaking people, thePresident issued two decrees acknowledging that discriminationwas one of the factors in their decision to leave. In the samedecrees, the President postponed the adoption of Kyrgyz as theofficial language until the year 2005, made Russian theofficial language for work in technical and scientific fields,and recommitted the Government to fighting discrimination. Themore than 40 percent of the population that is non-Kyrgyzwelcomed this approach. Nevertheless, discrimination by ethnicKyrgyz government officials against non-Kyrgyz citizensremained a common complaint of the Russian-speaking and Uzbekpopulation.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Extrajudicial KillingThere were no reports of such killings. b. DisappearanceThere were no reports of disappearances or abductionsattributable to government authorities or others. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentLocal independent newspapers have run numerous stories aboutpolice brutality. In most instances, it involved policephysically abusing suspects taken into custody. In the fall of1994, over the course of 1 month, the police detained and beattwo journalists. When the press questioned a governmentminister, he said they had been beaten not as journalists butas citizens of Kyrgyzstan. d. Arbitrary Arrest, Detention, or ExileThe judicial system continues to operate under the laws andprocedures of the Soviet period. The procurator's officedetermines who may be detained, arrested, and prosecuted. TheMinistry of the Interior, the KNB, and the General Procurator'soffice carry out investigations. Since 1990 everyone arrestedor charged with a crime has the right to defense counsel. Theprocurator's office responsible for the investigation oftennominates the defense counsel, who is required to visit theaccused within the first 3 days of initial incarceration. Theold procedure, however, in which the accused had access todefense counsel only after the case comes to trial, is oftenfollowed.The Criminal Code permits the procurator to detain a suspectfor up to 72 hours before releasing him or informing him of thecrime he is suspected of having committed. If the procuratorelects to accuse a suspect, he must immediately advise defensecounsel of that decision. The accused remains in detentionwhile the procurator investigates the case and prepares topresent it to the court. At the procurator's discretion, hemay keep the accused in pretrial detention for up to 1 year.Upon expiration of the year, the procurator must release theaccused or ask the Parliament to extend the period ofdetention. Since independence, there have been no knowninstances in which the Supreme Soviet voted for such anextension. The procurator, not the judge, is in charge of thecriminal proceedings, and thus the courts continue to be widelyperceived as a rubber stamp for the procurator and not aprotector of citizens' rights. In addition, judges' salariesare abysmally low, which has led to the apparently well-grounded view among the population that judges' decisions canbe easily bought. e. Denial of Fair Public TrialThe court system remains largely unreformed since the Sovietperiod. Once the procurator is ready, he brings the case ofthe accused to court and tries it before a judge and twopeople's assessors (pensioners or citizens chosen from laborcollectives). The accused and defense counsel have access toall evidence gathered by the procurator. They attend allproceedings, which are generally public, and are allowed toquestion witnesses and present evidence. Witnesses do notrecapitulate their testimony before the court; instead theyaffirm or deny their statements in the procurator's files.Defendants in criminal cases are treated in a demeaning mannerby 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 procuratorfor further investigation). Both the defendant and theprocurator may appeal the verdict to the next higher court orto the General Procurator's office. However, the decision of acourt to return a case to the procurator for furtherinvestigation may not be appealed, and the accused is returnedto the procurator's custody where he or she may remain underdetention. The Court of Appeal may review lower courtdecisions irrespective of whether a party to the decision hasappealed. Changes to the lower court's decision frequentlyresult in the imposition of a more severe penalty, and almostinvariably so in criminal cases.The Government has recognized the need to reform the system.Certain Western practices, including the presumption ofinnocence of the accused, have been introduced. However, adeteriorating economy and a system staffed largely by officialstrained during the Soviet period continued to impede reforms.The appointment of ethnic Kyrgyz to key positions in thejudicial system has led to charges by non-Kyrgyz that thesystem is arbitrary and unfair, and that the courts treatKyrgyz more leniently than members of other groups. Althoughsystematic discrimination is not clearly evident, it iscredible in individual cases. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe 1993 Constitution prohibits unlawful entry into a homeagainst the wishes of the occupant and states that a person'sprivate life, privacy of correspondence, and telephonic andtelegraphic communications are protected by law. Current lawand procedures require the General Procurators's approval forwiretaps, searches of homes, interception of mail, and similarprocedures.Personnel and organizations responsible for violations duringthe Soviet period have remained largely in place; however, nowidespread and systematic violations of the privacy of citizenswere reported in 1994, but the local press often citedharassment of individuals by police on the street as aproblem. Some citizens active in politics or interested inhuman rights believe that the privacy of their communicationswas violated in 1994. Credible evidence is not available.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressIn 1994 the Government restricted these rights. In 1992 theSupreme Soviet passed a law which calls for freedom of thepress and mass media but also provides guidelines proscribingpublication of certain information. The law supports the rightof journalists to obtain information, to publish without priorrestraint, and to protect sources. However, it also containsprovisions that the Government used to restrict press freedom.For example, the law prohibits publication of material thatadvocates war, violence, or intolerance toward ethnic orreligious groups; desecration of national norms, ethics, andsymbols like the national seal, anthem, or flag; publication ofpornography; and propagation of "false information." The lawalso states that the press should not violate the privacy ordignity of individuals. It requires all media to register withthe Ministry of Justice and to await the Ministry's approvalbefore beginning to operate.While a few fully independent newspapers and magazines exist inthe capital, the Government continues to control the press invarious ways. For example, President Akayev in July sharplycriticized the press for alleged irresponsibility and proposedlegal action to shut down the parliamentary newspaperSvobodniye Gory. A Bishkek court in August ordered the closingof Svobodniye Gory, which had been outspokenly critical of thePresident. The newspaper's August 19 edition was impounded atthe government printing house. The procurator brought a suitagainst Svobodniye Gory for allegedly publishing "deliberatelydistorted information aimed at discrediting the President,circulating material which violates ethical norms, anddeliberately insulting the leaders of foreign states and theirsymbols, thus significantly damaging the interests andintegrity of the State and threatening its stability."On August 19, the President issued a decree establishing acouncil on the activities of the mass media. According to thegovernment newspaper Slovo Kyrgyzstan, "the council will helpjournalists in their work and prevent the use of the media fromcausing political instability and upsetting interethnic accordand civic peace." On August 23, the Ministry of Justiceordered the state-owned printing house to stop printing theweekly newspaper Politika, which had been a frequent critic ofthe President and the Government. The Ministry of Justiceclaimed that Politika was not registered as a newspaper,although it was a supplement to the legally registerednewspaper Delo, whose name appeared above Politika's masthead.Other newspapers, including government ones, print weeklysupplements without having them registered separately.The Government owns all radio and television facilities, withthe exception of a television station in the capital, whichruns mostly videos copied in violation of internationalcopyright laws, and two radio stations that play music andreport news. No prior restriction or censorship existed forthe electronic media during the first half of 1994, but Kyrgyztelevision remained government controlled. b. Freedom of Peaceful Assembly and AssociationUnder the 1993 Constitution, citizens have the right toassemble and associate freely and did so without governmentinterference. Permits are required for public marches andgatherings but reportedly are routinely available.The 1991 Law on Public Organizations, which includes laborunions, political parties, and cultural associations, requiresthem to register with the Ministry of Justice. A bureaucraticmentality, carried over from the Soviet period, is at leastpartly responsible for the difficulties some organizations findin registering, although ultimately all organizations have beenable to register. c. Freedom of ReligionThere are no governmental impediments to the revival andpractice of all religions. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationGovernment policy supports free travel within and outsideKyrgyzstan. However, certain policies imposed during theSoviet period remain in effect and continue, to varyingdegrees, to restrict internal migration and resettlement andimpede citizens' ability to travel abroad.Under the Soviet-era law, citizens need official governmentpermission ("propiska") to work and settle in a particular areaof the country. Home and apartment owners are legallyrestricted to selling their property to buyers with suchpermission. However, this law has increasingly becomeirrelevant as people for economic reasons relocate within thecountry, freely selling their homes and businesses.There is no law on emigration. Administrative procedurespermit movement of people; however, citizens who apply forinternational passports must present a letter of invitationfrom the country they intend to visit or to which they intendto emigrate. This policy was instituted during the Sovietperiod and impedes unrestricted foreign travel. There were noreports, however, that citizens, after presenting such aletter, were denied a passport or an exit visa. Emigrantsreportedly 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 moresystematic manner the arrival of Tajik refugees, the Governmentbegan in 1993 to negotiate agreements with both Russia andTajikistan on management of the resettlement process andprotection of migrants' rights. Issues blocking the signing ofa bilateral agreement with Russia are the legal status of theirrespective nationalities in each other's countries, and theprocedure for allowing individuals to regain their citizenshipif they wish to return to Kyrgyzstan once they have emigratedto Russia.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens have the constitutional right to effect a peacefulchange of government but do not have the ability to do so. TheGovernment has maintained its hold on power by means of twoone-sided referendums, the closure of two newspapers, themanipulation of the Parliament's closure, and a series ofpresidential decrees.In January President Akayev asked that the people confirmthrough a referendum their desire that he should complete histerm of office. Few people took at face value the Government'sclaim that 95.94 percent of the electorate had voted and that96.43 percent of these had cast ballots in favor of thePresident. Most observers attribute these percentages tooverzealousness on the part of the President's circle ofadvisers and local officials, most of whom employedSoviet-style methods to get out the vote and to make sure itwas overwhelmingly positive.In August the President asserted that Communists had caused apolitical crisis by preventing the legislature from fulfillingits role. Many observers suggested, however, that theGovernment was motivated by a desire to squelch corruptioninvestigations and create a more malleable Parliament. Amajority of deputies boycotted the last scheduled parliamentarysession and prevented a quorum, thus making it impossible forParliament to conduct any legislative business before its termexpires on February 15, 1995. Deputies made public claims ofbeing instructed to sign a "boycott" statement. The September 7edition of Vecherniy Bishkek quoted a number of purported"boycotters" who said that they had never signed the documentattributed to them in the government press.On September 20, the President issued a decree calling for areferendum to amend the Constitution and announcing theformation of an election commission composed of 15 people.However, Article 58 of the Constitution provides that onlyParliament may create a central election commission. Thecommission appointed by the President consisted of3 representatives of political parties, of whom 2 were membersof parties established by the Government, and 12 persons fromorganizations funded or otherwise controlled by the Government.On September 22, the President set forth by decree an outlineof the structure and functions of local government organs.However, Article 93 of the Constitution provides that onlylaws, not decrees, can regulate the principles of theorganization and activity of local government, thus placing itunder the jurisdiction of the Parliament and not thePresident. In addition, the President proposed that localgovernment administrative officials be eligible for election tothe regional house of his newly proposed bicameral Parliament,despite the Constitution's ban on parliamentary membership forsuch officials. The decree also called for elections to localgovernment organs to take place on October 22, although theelection districts had not yet been announced or the candidatesnominated.On September 23, a presidential decree set October 22 as thedate for a national referendum, proposing two amendments to theConstitution. One amendment stipulated that the Constitutioncould be changed by means of a referendum (the Constitution atthat time did not allow this). The other amendment providedfor a bicameral parliament, in which one house would have 35permanently sitting members, the "lawmaking" house, while theother would have 70 members convened periodically to approvethe budget and confirm presidential appointees. The decreeprovided that, based on the results of the referendum, thefuture parliament would make "the appropriate changes andadditions" to five sections of the Constitution. Thereferendum contravened the procedures set forth in Article 96of the Constitution, which provide clear guidelines foramending the Constitution. Both referendum questions wereapproved by over 80 percent of the votes cast. The electioncommission reported an 86-percent voter turnout.Russian speakers also allege that a "ceiling" exists ingovernment employment which precludes their promotion beyond acertain level. The representation of ethnic Kyrgyz at high andintermediate levels of government is proportionally muchgreater than the percentage of ethnic Kyrgyz in the generalpopulation. Russian speakers have been replaced in manypositions in government, industry, and education by ethnicKyrgyz. This gives credence to perceptions that careeropportunities are limited for those who are not ethnic Kyrgyz.There are no laws that restrict women or minorities fromparticipating in politics or government, and recently a women'sparty was registered in Kyrgyzstan. However, out of the 22ministries and state committees, ethnic Kyrgyz men head all but3; only 1 is headed by a woman.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government does not restrict the activities of local humanrights monitors or the delegations and representatives ofinternational and nongovernmental human rights groups thatvisit Kyrgyzstan. There are two human rights groups, theKyrgyz-American Human Rights Bureau and the Human RightsOrganization. The former has publicly criticized theGovernment's violation of the Constitution. In addition, inconnection with the independent newspaper, Delo No, it haspublicly taken up the causes of those who appear to havesuffered injustices at the hands of the police.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Government expresses strong commitment to protecting therights of members of all ethnic, religious, and linguisticgroups as well as those of women. Articles 15 to 20 of theConstitution protect the rights and freedom of individuals andprohibit discrimination, including on the basis of language.In an estimated population of 4.46 million, some 56.5 percentare Kyrgyz, 18.8 percent Russians, 13.5 percent Uzbeks, and therest Ukrainians, Tajiks, Kazakhs, and others. WomenThe law gives equal status to women in Kyrgyzstan, and womenare well represented in the work force, professions, andinstitutions of higher learning. In rural areas, women arestill seen only in the role of homemaker, mother, and wife.The press often reports abuse and violence against women, whichis usually associated with abuse of alcohol. Normal lawenforcement procedures are used in cases of domestic violence.The Government has not established programs to address theseissues. ChildrenIn April Parliament ratified the U.N. Convention on Children.Since Parliament did not convene in the fall, it did not adoptlocal laws to bring Kyrgyzstan into compliance with the U.N.Convention. Authorities continue to rely on former Soviet lawin this sphere. There is no monitoring of children's rights inKyrgyzstan. Children in rural areas are commonly used to pickcrops. National/Racial/Ethnic MinoritiesReported complaints of discrimination center on the treatmentof citizens who are not ethnic Kyrgyz. These groups, whichmake up over 40 percent of the population, are often called theRussian-speaking minority. Members of this minority allegediscrimination in hiring, promotion, and housing. Theycomplain that government officials at all levels favored ethnicKyrgyz.The 1993 Constitution designates Kyrgyz as the officiallanguage but provides for the preservation and equal and freedevelopment of Russian and other languages used in thecountry. However, many Russian speakers, particularly ethnicRussians and Ukrainians, still feel disadvantaged because theycannot speak Kyrgyz. They have called on the Government toadopt a policy of bilingualism. The Government has notestablished a universally available program of Kyrgyzinstruction for adult non-Kyrgyz speakers, although limitedinstruction is available.In general, adults who do not speak the language do not demandKyrgyz-language instruction. On June 14, President Akayevissued a decree designed to protect the rights of the Russian-speaking minority and thereby reduce the outflow of Russianspeakers. The decree states that the exodus of Russians fromthe country is caused by social and political reasons--ethnichostility and job discrimination--and is hurting the nationaleconomy. The decree stipulates that the Russian language willhave official status alongside Kyrgyz in regions and atenterprises where Russian speakers constitute a majority, aswell as in sectors, such as health services and technicalsciences, where use of Russian is particularly appropriate. Italso provides for the fair representation of theRussian-speaking population in the national Government, localstate administration, and on the boards of state organs andenterprises. People with DisabilitiesThere is no special law to protect disabled individuals, norany law mandating accessibility. Former Soviet law continuesto remain the basis for any resolution of complaints.Government officials are inattentive to the issue, partly dueto the difficult economic situation and the state of the budget.Section 6 Worker Rights a. The Right of AssociationThe 1992 Labor Law provides for the right of all workers toform and belong to trade unions, and there is no evidence thatthe Government tried to obstruct the formation of independentunions. However, the Federation of Trade Unions of the KyrgyzRepublic, successor to the former official union, remains thesole trade union umbrella organization in the country. Thesame leaders are in charge, managing the State's social fundand retaining the possession of its previously held properties,as well as some of the resorts and sanatoriums financed by theofficial Soviet trade union council.In 1994 the Federation continued to be critical of governmentpolicies, especially its policy of privatization, and theirimpact on working class living standards. Nevertheless, theFederation still regards itself as in a process of transitionin which it is adjusting its relations with the Government,with other unions in the former Soviet Union, and with unionsabroad. The Federation remains affiliated to the Moscow-basedGeneral Confederation of Trade Unions, which succeeded theSoviet-era All-Union Central Council of Trade Unions.Nineteen of Kyrgyzstan's 20 union organizations are affiliatedwith the Federation and claim a total membership of1.4 million. The exception is the growing Union ofEntrepreneurs and Cooperative Members, which as of Octoberclaimed a membership of 100,000.While the right to strike is not codified, strikes are notprohibited. In 1994 there were no strikes. The threat of astrike by miners in the south was sufficient to induce theGovernment to address the group's concerns. There were noretaliatory actions against this group, nor were thereinstances of human rights abuses directed at unions orindividual workers.The law permits unions to form and join federations and toaffiliate with international trade union bodies. The Labor Lawcalls for practices consistent with international standards.Since independent unions are still in their infancy, nomeaningful affiliation with international trade union bodieshas taken place. b. The Right to Organize and Bargain CollectivelyThe law recognizes the right of unions to negotiate for betterwages and conditions. Although overall union structure andpractice remain relatively unchanged since the Soviet era,there is growing evidence of active union participation instate-owned and privatized enterprises. However, theGovernment sets wage levels by decree in most sectors of theeconomy, although many state-owned factories have introducedsystems of bonuses and other incentives in keeping with theGovernment's commitment to develop a market economy. In theprivate sector, employers set their own wage levels.The law protects union members from antiunion discrimination,and there were no recorded instances of discrimination againstanyone because of union activities in 1994. However, becausethe old management and labor leadership continues to dominatethe labor movement, anyone who wishes to form an independentunion faces formidable obstacles. This, along with adeteriorating economy, may discourage independent unionactivity. According to Federation officials, in the course ofthe privatization process the workers of some enterprises,possibly under pressure from management, dissolved theirprimary trade union organizations. The Federation also citedone example in which the organization charter of a newlyprivatized entity precluded its workers from engaging in unionactivities.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe law forbids forced or compulsory labor, and it is not knownto occur. d. Minimum Age for Employment of ChildrenThe minimum age for employment is 18 years. Students areallowed to work up to 6 hours per day in summer or in part-timejobs from the age of 16. The law prohibits the use of childlabor (under age 16); the Ministry of Education monitorsenforcement. However, families frequently call upon theirchildren to work to help support the family. e. Acceptable Conditions of WorkThe Government sets a national, legally mandated minimum wageat a level theoretically sufficient to provide minimalsubsistence. As of December 15, the minimum wage was about$6.00 (68 soms) per month. In practice, even the higher medianwage is considered insufficient to assure a decent standard ofliving for a worker and family. The Federation is responsiblefor enforcing all labor laws, including the Law on MinimumWages. As the Government provides the overwhelming proportionof employment, minimum wage regulations are largely observed.However, enforcement of labor laws is nonexistent in thegrowing underground economy. Market forces help wages in theunofficial sector to keep pace with official wage scales.The standard workweek is 41 hours, usually within a 5-dayweek. For state-owned industries, there is a mandatory 24-hourrest period in the workweek.Safety and health conditions in factories are poor. Thedeteriorating economy hindered enforcement of existingregulations and prevented investment to improve health andsafety standards. The April 1992 law established occupationalhealth and safety standards, as well as enforcementprocedures. Besides government inspection teams, trade unionsare assigned active roles in assuring compliance with thesemeasures, but once again the rapidly deteriorating economicsituation in the country has made the compliance record ofbusinesses spotty.</text>
</content>
<name>Kyrgyzstan </name>
<script></script>
</card>
card_40097.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: KUWAIT HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government prevents the establishment of human rightsgroups by not approving their requests for licenses (seeSection 2.b.). Until the ban on unregistered NGO's, the KuwaitAssociation for the Defense of War Victims (KADWV), a privategroup created in 1991, helped to repatriate citizens internedin Iraq, and aided former prisoners of war and persons torturedby Iraqi occupation forces. KADWV also sought to curb humanrights abuses in Kuwait and took special interest inalleviating the problems of the bidoon. In February theGovernment canceled a KADWV human rights seminar (whichsubsequently took place under the auspices of the NationalAssembly).The Government permits international human rights organizationsto visit Kuwait and to establish offices. Severalorganizations conduct field work and report excellentcommunication with and reasonable cooperation from theGovernment.The National Assembly has established a Human Rights Committeewhich has taken testimony from individuals about abuses and hasmade nonbinding recommendations for redress. In 1994 theCommittee investigated prison conditions. As a result of theinvestigation, the Ministry of Interior has improved someconditions.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenWomen experience legal and social discrimination. They aredenied the right to vote and require their husbands' orfathers' permission to obtain a passport or travel abroad (seeSections 2.d. and 3). By law only males are able to confercitizenship. In rare cases, this means that children born toKuwaiti mothers and stateless fathers are themselvesstateless. Inheritance is governed by Islamic law, which meansthat female heirs receive half the male heirs' inheritance. Asole female heir receives half her parents' estate; the balancegoes to designated male relatives unless a woman's family hasmade other arrangements to transfer assets to her.Women are traditionally restrained from choosing certain rolesin society, and the law restricts women from working in"dangerous industries" and trades "harmful" to health.Educated Kuwaiti women maintain that a resurgent Islamicfundamentalist trend limits career opportunities. Womenwearing Western clothes and foreign women experience sexualharassment more frequently than women in Islamic garb.Nonetheless, an estimated 60 percent of women of working ageare employed. The law promises "remuneration equal to that ofa man provided she does the same work." This promise isrespected in practice. Women work as doctors, engineers,lawyers, and professors. A few have reached senior governmentpositions in the Foreign Ministry, Ministry of Education, andthe state-owned Kuwait Petroleum Corporation. However, thereare no female judges or prosecutors, only a few women in thediplomatic service, and none in the National Assembly.Domestic abuse of women is common. Each of the country's 50police stations receives one or two complaints of spousal abuseper week. Women in such cases usually take refuge in the homesof relatives. The police generally seek to resolve familydisputes and may ask the offending spouse to sign a statementaffirming that he will discontinue the abuse. The police referserious cases of abuse to authorities at the Ministry ofHealth. Kuwaiti courts have found husbands guilty of spousalabuse.Many employers have physically and sexually abused Asian womenworking as their domestic servants. Such abuse appears to haveworsened in recent years. The press gives the problemconsiderable attention. Foreign-born servants have the rightto sue their employers in court for abuse, but few do so owingto both fear of deportation and fear that the judicial systemis biased against them. In 1993 the Government established anoffice under the Ministry of Interior and the Ministry ofSocial Affairs and Labor to investigate the complaints ofdomestic servants. The Government has also announced itsintention to establish a shelter for runaway maids but has notyet done so. As an interim measure, the authorities havedesignated a police station to investigate complaints andprovide some shelter.Many domestic servants seek shelter at their country's embassywhere they seek repatriation or a change in employers. Onseveral occasions, the Philippine Embassy has sheltered over250 women at one time, roughly half of whom complain ofphysical or sexual abuse and half have contractual complaintsagainst their employers.The Government discontinues family entitlements to divorcedwomen, but continues to make such payments to the divorcedhusbands who are expected by law and custom to provide for thechildren. The law discriminates against women married toforeign men. These women are not entitled to governmenthousing subsidies which are available to other citizens. Thelaw also requires Kuwaiti women to pay residency fees for theirforeign-born husbands and does not recognize marriage as thebasis for granting residency rights to foreign-born husbands.Instead, the law grants residency only if the husband isemployed. By contrast, men married to foreign women do nothave to pay residency fees for their spouses and their spouses'right to residency derives from marriage. ChildrenThe Government is committed to providing for the welfare ofchildren, providing free education and health care to allchildren and a variety of other services.There is no child prostitution, child labor problem, or anypattern of societal abuse of children. However, in 1993 theMinister of Interior ordered all public and private schools notto enroll the children of parents without valid residencepermits. Moreover, the Government orders the children ofpersons awaiting deportation to be held with their mothers atthe women's detention facility, in conditions unsuitable forchildren. National/Racial/Ethnic MinoritiesThe Government's failure to improve the plight of the 117,000bidoon, or persons of undetermined nationality with longresidency in Kuwait, remains a significant human rights abuse(see Section 1.d.). The bidoon have been the objects ofhostile government policy since the late 1980's. Since thattime, the Government has eliminated the bidoon from the censusrolls, discontinued their access to government-provided socialservices, and has sought to deport many bidoon to othercountries. In 1993 the Government decreed that bidoon malesmay no longer serve in the military services.The bidoon exist in a legal limbo. Because their citizenshipor residency status is undetermined, they do not have a legalright to work or enroll their children in public or privateschools. If the bidoon travel abroad, they are uncertain ifimmigration authorities will allow them to reenter Kuwait.Marriages pose special hardships because the offspring of malebidoon inherit the father's undetermined legal status.The Government has established a review process which wouldregularize the status of some of the bidoon and their families,especially for any bidoon who has served in the military orsecurity forces, and for the children born to marriages betweenbidoon males and Kuwaiti women. However, the process isimprovised, slow, and ineffective. Government officials claimthey recognize the hardships suffered by the bidoon, but so farthey have not proposed any remedial legislation.Since the end of the Gulf War, the Government has been hostileto workers from those nationalities that supported Iraq,especially Palestinians, Jordanians, and Yemenis. TheGovernment has delayed or denied the issuance of work andresidency permits to persons in these groups, and in many caseshas hindered such workers from sponsoring their families tojoin them in Kuwait. The Government imposes further hardshipsby prohibiting schools from enrolling the children of suchpersons without valid residency permits. Religious MinoritiesAlthough Christians are free to practice openly, the Governmentprohibits Christians from proselytizing Muslims, and Muslimsfrom converting from Islam. The law prohibits non-Muslims frombecoming citizens. A non-Muslim male must convert to Islamwhen he marries a Kuwaiti woman, if the wedding is to be legalin Kuwait.Government welfare programs generally do not discriminateagainst Shi'a Muslim citizens. Members of Kuwait's Shi'aminority are generally underrepresented in high governmentpositions, although in recent years two Shi'a Muslims wereappointed to the Cabinet and one was named to a high-rankingmilitary post. People with DisabilitiesNo institutionalized discrimination exists against physicallydisabled persons in housing, employment, education, or theprovision of state services. The Government has not legislatedor mandated accessibility for the disabled, but does provideextensive benefits for the disabled that cover job training,transportation, and social welfare.Section 6 Worker Rights a. The Right of AssociationWorkers have the right, but are not required, to join tradeunions. Nonetheless, the Government restricts the right ofassociation by prohibiting all workers from freely establishingtrade unions. The law stipulates that workers may establishonly one union in any occupational trade, and that the unionsmay establish only one federation. The International LaborOrganization (ILO) has long criticized such restrictions.In 1994 over 28,400 people were organized in 14 unions, 12 ofwhich are affiliated with the Kuwait Trade Union Federation(KTUF), the sole, legal trade union federation. The BankWorkers Union and the Kuwait Airways Workers Union areindependent. The Government has shown no sign that it wouldaccept the establishment of more than one legal trade unionfederation. The law stipulates that any new union must includeat least 100 workers, of whom at least 15 are citizens. Boththe ILO and the International Confederation of Free TradeUnions have criticized this requirement because it discouragesunions in sectors employing few citizens, such as theconstruction industry and domestic servants.The Government's intrusive oversight powers further erode unionindependence. The Government subsidizes as much as 90 percentof most union budgets, may inspect the financial records of anyunion, and prohibits any union from engaging in vaguely definedpolitical or religious activities. The law empowers the courtsto dissolve any union for violating labor laws or forthreatening "public order and morals." The Amir may alsodissolve a union by decree. By law, the Ministry of SocialAffairs and Labor is authorized to seize the assets of anydissolved union. The ILO has criticized this aspect of thelaw. Although no union has been dissolved, the lawsubordinates the legal existence of the unions to the power ofthe State.Foreigners constitute most of Kuwait's total work force andabout one-third of its unionized work force. Yet the lawdiscriminates against foreign workers by permitting them tojoin unions only after 5 years of residency and only asnonvoting members. Unlike union members who are citizens,foreign workers do not have the right to elect theirleadership. The law requires that union officials must becitizens. The ILO has criticized the 5-year residencyrequirement and the denial of voting rights for foreign workers.KTUF administers an Expatriate Labor Office which is authorizedto investigate complaints of foreign laborers and provides themwith free legal advice. Any foreign worker may submit agrievance to the Labor Office, regardless of union status.The law limits the right to strike. It requires that all labordisputes must be referred to compulsory arbitration if laborand management cannot reach a solution (see Section 6.b.). Thelaw does not have any provision guaranteeing strikers that theywill be free from any legal or administrative action takenagainst them by the State.Two strikes occurred in 1994, by cleaning personnel in theschool system for a pay raise, and by security guards at theSocial Welfare Home to collect unpaid wages. The majority ofthe strikers were foreign workers.The KTUF belongs to the International Confederation of ArabTrade Unions and the formerly Soviet-controlled WorldFederation of Trade Unions. b. The Right to Organize and Bargain CollectivelyWorkers have the right to organize and bargain collectively,subject to the restrictions cited above. These rights havebeen incorporated in the Labor Law and have, according to allreports, been respected in practice.The Labor Law provides for direct negotiations betweenemployers and "laborers or their representatives" in theprivate sector. Most agreements are resolved in suchnegotiations; if not, either party may petition the Ministry ofSocial Affairs and Labor for mediation. If mediation fails,the dispute is referred to a labor arbitration board composedof officials from the High Court of Appeals, the AttorneyGeneral's office, and the Ministry of Social Affairs and Labor.The Civil Service Law has no provision for collectivebargaining between government workers and their employers.Technically, wages and conditions of employment for civilservice workers are established by the Government, but inpractice, the Government sets the benefit scales afterconducting informal meetings with officials from the civilservice unions. Union officials resolve most issues at theworking level and have regular access to senior officials.The Labor Law prohibits antiunion discrimination. Any workerwho alleges antiunion discrimination has the right to appeal tothe judiciary. There were no reports of discrimination againstunion or nonunion employees. Employers found guilty ofantiunion discrimination must reinstate workers fired for unionactivities.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits forced labor "except in casesspecified by law for national emergency and with justremuneration." Nonetheless, there have been credible reportsthat foreign nationals employed as domestic servants have beendenied exit visas if they seek them without their employers'consent.Foreign workers may not change their employment withoutpermission from their original sponsors. Domestic servants areparticularly vulnerable to abuses because they are notprotected by the Labor Law. In many cases employers exercisesome control over their servants by holding their passports,although the Government prohibits this practice and has actedto retrieve passports of maids involved in disputes.By law domestic servants who run away from their employers maybe treated as criminals. In some reported cases, employersillegally withheld wages from domestic servants to cover thecosts involved in bringing them to Kuwait. The Government hasdone little, if anything, to protect domestics in such cases. d. Minimum Age for Employment of ChildrenThe legal minimum age is 18 years for all forms of work, bothfull- and part-time. Employers must obtain permits from theMinistry of Social Affairs and Labor to employ juvenilesbetween the ages of 14 and 18 in certain trades. Education iscompulsory for children between the ages of 6 and 15. Theselaws 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 whohave given false information regarding their age in order toobtain work. Some small businessmen employ their children on apart-time basis, and there have been unconfirmed reports thatsome south Asian domestic servants under 18 falsified their agein order to enter Kuwait.Juveniles may work a maximum of 6 hours a day on the conditionthat they work no more than 4 consecutive hours followed by a1-hour rest period. e. Acceptable Conditions of WorkThe Ministry of Social Affairs and Labor is responsible forenforcing all labor laws. There is no legal minimum wage inthe private sector. In 1994 the minimum wage in the publicsector, administratively set by the Government, wasapproximately $630 a month (180 dinars) for citizens and $315 amonth (90 dinars) for noncitizens.The Labor Law establishes general conditions of work for boththe public and the private sectors, with the oil industrytreated separately. The Civil Service Law also prescribesadditional conditions for the public sector. Labor law limitsthe standard workweek to 48 hours with 1 full day of rest perweek, provides for a minimum of 14 workdays of leave each year,and establishes a compensation schedule for industrialaccidents. Domestic servants, who are specifically excludedfrom the private sector labor law, frequently work hoursgreatly in excess of 48 hours.The ILO has urged the Government to guarantee the weekly24-consecutive-hour rest period to temporary workers employedfor a period of less than 6 months and workers in enterprisesemploying fewer than five persons. The law governing in theoil industry provides for a 40-hour workweek, 30 days of annualleave, and sick leave. Laws establishing work conditions arenot always applied uniformly to foreign workers. The Labor Lawalso provides for employer-provided medical care andcompensation to workers disabled by injury or disease due tojob-related causes. The Law also requires that employersprovide periodic medical examinations to workers exposed toenvironmental hazards on the job (chemicals, asbestos, etc.).The Government has issued occupational health and safetystandards; however, compliance and enforcement are poor,especially regarding unskilled foreign laborers. Employersoften exploit workers' willingness to accept substandardconditions. Foreign workers, especially unskilled orsemiskilled south Asian workers, frequently face contractualdisputes, poor working conditions, and some physical abuse.Workers have the right to remove themselves from dangerous worksituations without jeopardy to their continued employment, andlegal protections exist for workers who file complaints aboutsuch conditions. Latest available figures for occupationalinjuries show 798 such occurrences in 1992, primarily in thesectors of construction and building, manufacturing, hotels,restaurants, and transportation. To cut accident rates, theGovernment periodically inspects installations to raiseawareness among workers and employers and ensure that theyabide by the safety rules, control the pollution resulting fromcertain dangerous industries, train workers who use newmachines in specialized institutes, and report violations.</text>
</content>
<name> </name>
<script></script>
</card>
card_39720.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: KUWAIT HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 KUWAITAmirs, or princes, from the Al-Sabah family have ruled Kuwaitin consultation with prominent community figures for over 200years. The Constitution, adopted in 1962, provides for anelected National Assembly and enumerates the powers of theGovernment and the rights of citizens. It also permits theAmir to suspend its articles during periods of martial law.The Amir twice suspended constitutional provisions, from 1976to 1981 and from 1986 to 1992, and ruled extraconstitutionallyduring those periods. The Assembly resumed functioning afterthe 1992 election.The Minister of Interior supervises Kuwait's securityapparatus, including the Criminal Investigation Department(CID) and Kuwait State Security (KSS), two agencies that, inaddition to the regular police, investigate internalsecurity-related offenses. Allegations of human rights abusesby the security forces against nationals of countries thatsupported Iraq in the Gulf War subsided in 1994, though therecontinued to be credible reports that security officialsphysically abused detainees.Endowed with oil, the Government has made significant progressin recovering from the destruction caused by the Iraqioccupation. The costly reconstruction is mostly complete. Inthe last three fiscal years, Kuwait has incurred a cumulativefiscal deficit of $68 billion which the Government has financedby selling its foreign assets and increasing the public debt.Despite the emphasis the Government places on an open marketeconomy, foreign nationals (with the exception of citizens ofthe Gulf Cooperation Council) may not own property or majorityshares in significant local businesses and are subject torestrictive labor laws. The Government owns interests in mostof the major banks and in the oil industry.The Government continues to abridge or restrict a number ofsignificant rights. Limitations on the freedoms of assemblyand association and women's rights remain in place. TheGovernment bans political parties, and citizens do not have theability to change their form of government. Associations thatare not registered with the Government are banned by law, andthe Government enforced that ban: in several instances in1994, it prevented unregistered human rights groups fromholding public meetings. The Government continued its policyof preventing the return of stateless, Iraqi, and Palestinianpeople who have strong family ties to Kuwait. The labor lawexcludes foreign-born domestic servants from its protectiveprovisions.Nonetheless, the Government made some progress in human rights,and it has emerged from the troubled human rights environmentof the postliberation period. The Government improvedconditions in prisons and detention centers, extended thefranchise to the sons of naturalized citizens, and invited theInternational Labor Organization (ILO) to Kuwait forconsultations. The Human Rights Committee of the NationalAssembly continued to investigate important human rightsabuses, and recommended improvements in prison conditions.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicialkillings.The Government did not make public the results of itsinvestigations into the extrajudicial killings that occurred inthe period following Kuwait's liberation in 1991, nor did itsignal that it intends to take further action. The Governmenthad announced in 1993 that it would reactivate theinvestigations into the killings. Most of the cases remainunresolved. b. DisappearanceThere were no reports of disappearances.Of the numerous disappearances that occurred in 1991, about 100cases remain unresolved. The Ministry of Interior claims that,in cooperation with the International Committee of the RedCross (ICRC), it has renewed its efforts to resolve the cases,but has not yet done so. The Government has failed to issuedeath certificates in cases where those who disappeared areknown to be dead. The Government's failure to resolve thesecases stems from an unwillingness to open and pursue criminalinvestigations into the causes of the deaths.According to the ICRC, Iraqi authorities took prisoner 609Kuwaitis and residents of Kuwait, including 9 women, duringIraq's occupation. These people are still missing or detainedin Iraq. The Government of Iraq has refused to comply withU.N. Security Council Resolution 687, which stipulates that thedetainees be released. Iraq denies that it holds Kuwaitidetainees and refuses to account for missing Kuwaitis takeninto Iraqi custody during the occupation. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough the Constitution prohibits torture, credible reportsindicate that physical abuse during interrogation did occur.The number of reports of abuse, however, declined in 1994compared to the aftermath of the Gulf War. No pattern ofsystematic or widespread abuse appeared. The reported types ofabuse consisted of blindfolding, verbal threats, slaps, andblows.The Government claims that it investigates all tortureallegations and that it has punished at least some of theoffenders. However, the Government refuses to make public itsfindings in torture investigations or what, if any, punishmentsare imposed. This creates a climate of implied impunity whichdiminishes the deterrence against torture and abuse.Defendants have the legal right to present evidence in courtthat they had been mistreated during interrogation, and judgesroutinely review such allegations. Since defendants are oftenunable to substantiate their complaints with physical evidence,however, these allegations are often dismissed. In 1991 judgesin martial-law courts handed down several death sentences basedon confessions apparently obtained under torture. Courts laterrefused to reopen these trials, although the sentences werecommuted to imprisonment varying from 10 to 20 years. In 1994a State Security Court ruled against excluding the confessionof 14 persons accused of attempting to assassinate former U.S.President George Bush--despite allegations raised by thedefense that the confessions were obtained by torture (seeSection 1.d.).Prison conditions do not meet internationally recognizedminimum standards. Many prisoners live in severely overcrowdedcells where unsanitary conditions are conducive to the quickspread of contagious illnesses. Nonetheless, the Governmentmoved in 1994 to improve some conditions. After a prison tourby several members of the National Assembly in February, prisonauthorities installed air conditioning at some facilities andgave prisoners permission to take outdoor exercise and receivevisits from their families. The Government allows the ICRCaccess to all detention facilities. d. Arbitrary Arrest, Detention, or ExileThe Constitution provides for the freedom from arbitrary arrestand detention, but security forces do not always respect theserights. In 1994 there were no reports of arbitrary arrest.Security forces in Kuwait City sometimes set up checkpointswhere they may briefly detain individuals. The Government hasstopped the practice of rounding up and deporting Palestinianresidents.Police officers must obtain arrest warrants from stateprosecutors before making arrests, though in misdemeanor casesthe arresting officer may issue them. Under the Penal Code, asuspect may not be held for more than 4 days without charge.Security officers sometimes prevent families from visitingdetainees during this confinement. After 4 days, prosecutorsmust either release the suspect or file charges. If chargesare filed, prosecutors may remand a suspect to an additional 21days in detention. Prosecutors may also obtain court ordersfor further detention pending trial.Detention rules are different for cases involving statesecurity. In such cases, prosecutors may hold a suspect indetention for 6 months, and a judge may authorize a longerconfinement pending trial. After 21 days in detention, adefendant has the right to petition for his release in theState Security Court. If the judge denies the motion, thedefendant may submit another appeal 30 days after therejection. In general, cases go to trial between 20 and 30days after arrest. There is no evidence of long-termincommunicado detention, though there are about 30 detaineesfacing deportation, especially Iraqi citizens and the "bidoon"or stateless residents, who have been in detention for morethan a year (see Section 1.d.).Approximately 1,850 people are in prison, of whom 400 are inpretrial detention. About 75 percent of the detainees faceadministrative deportation orders which the Ministry ofInterior may issue arbitrarily. There are no trials fordeportations; thus deportees do not have "due process." TheGovernment may expel noncitizens, even those who have beenlong-term residents, if it considers them security risks.The Government may also expel foreigners if they are unable toobtain or renew work or residency permits. In 1994 theGovernment deported 122 Iraqis and nationals of countries thatsupported Iraq in the Gulf War (primarily Yemen and Jordan),well below the 1993 level. Although the ICRC monitors only thedeportation of these cases, the Government also routinelydeports Iranians and other foreign nationals who have violatedresidency requirements or committed other offenses.The law protects citizens from exile. However, before theIraqi invasion there were credible reports that in some casesthe Government evaded this law by revoking citizenship in orderto deport citizens as noncitizens. There have been no reportsof revocations of citizenship since the Gulf War. e. Denial of Fair Public TrialThe judicial system is composed of the regular courts, whichtry criminal and civil cases; the State Security Court, whichtries cases of a security nature; and the Court of Cassation,which is the highest level of judicial appeal. During periodsof martial law, the Amir may authorize military courts to trycivilian defendants. There have been no martial-law trialssince 1991. Sunni and Shi'a Muslims have recourse to courts oftheir respective denominations for family-law cases.The Constitution states that "judges shall not be subject toany authority." Nonetheless, the Ministry of Justice controlsthe judiciary's administrative and financial matters. The Amirappoints all judges on recommendations from the Minister ofJustice. Judges who are citizens have lifetime appointments,but the Government also employs many noncitizens as judges.They work under 1-year, renewable contracts, which underminetheir independence. The Ministry of Justice may remove judgesfor cause but rarely does so. Foreign residents involved incommercial disputes with citizens frequently complain thatcourts show a pro-Kuwaiti bias.Defendants have the rights to confront their accusers and ofjudicial appeal. The Amir has the constitutional power topardon or commute all sentences. Defendants in felony casesare required by law to be represented in court by legalcounsel. In misdemeanor cases, defendants have the right towaive the presence of legal counsel, and the court is notrequired to provide counsel to indigent defendants.Both defendants and prosecutors may appeal verdicts of theState Security Court to the Court of Cassation, but theappellate court may only determine whether the law was properlyapplied with respect to the sentence; it does not rule on guiltor innocence. In criminal cases not involving state security,appeal is to the High Court of Appeal, which may rule on allaspects of the lower court's decision.In the secular courts there are no groups, including women, whoare barred from testifying or whose testimony is given lesserweight. The Islamic courts, which have jurisdiction overfamily law, follow Islamic law, which states that the testimonyof one man equals that of two women.Most trials are public, as was the 1994 trial of 14 personsaccused in the foiled assassination plot against formerPresident Bush. In June the State Security Court convicted 13defendants and acquitted 1. It sentenced six defendants todeath and seven to prison terms ranging from 6 months to 12years. Like other trials, this one did not meetinternationally accepted standards regarding an independentjudiciary and the evidence required for proving abuse.There are no reported political prisoners, but the Governmentcontinues to hold persons accused of collaboration with Iraqduring the occupation. By law such collaboration is a felony.Most of the people convicted in martial-law courts (includingthe majority of collaborators) did not receive a fair trial. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution provides for individual privacy and sanctityof the home. The police must obtain a warrant to search bothpublic and private property, unless they are in hot pursuit orsuspect the presence of alcohol or narcotics. The warrant canbe obtained from the state prosecutor or, in the case ofprivate property, from a judge. The security forcesoccasionally monitor the activities of individuals and theircommunications.By law males must obtain government approval to marryforeign-born women. However, the Government does notvigorously enforce the restriction, and Kuwaitis routinelyobtain exemptions from the Ministry of Justice. The Governmentalso advises women against marrying foreign nationals.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressSeveral laws empower the Government to impose restrictions onthe freedom of speech and the press, but the Government did notapply these laws in 1994. In general, citizens are free tocriticize the Government at public meetings and in the media.However, the Press Law prohibits the publication of any directcriticism of the Amir, official government communications withother states, and material that "might incite people to commitcrimes, create hatred, or spread dissension among the people."The Government ended censorship in 1992, but journalists stillcensor themselves.Nonetheless, newspapers, which are privately owned, are free topublish on many social, economic, and political issues, andfrequently criticize government policies and officials,including the Prime Minister. The Government does not censorforeign journalists and permits them open access to the country.Newspapers must obtain an operating license from the Ministryof Information. This licensing power allows the Governmentcontrol over the establishment of new publications. The lawalso stipulates that publishers may lose their license if theirpublications do not appear for 6 months. This "6-month" ruleprevents publishers from publishing sporadically--it is notused to suspend or shut down existing newspapers. Individualsmust also obtain permission from the Ministry of Informationbefore publishing any printed material, including brochures andwall posters.The Government owns and controls the radio and televisioncompanies. The Middle East Broadcasting Company and Egyptiantelevision transmit to Kuwait without censorship. TheGovernment does not inhibit the purchase of satellite dishes.Citizens with such devices are free to watch a variety ofprograms, including those broadcast from Israel.The Ministry of Information has a Censorship Department thatreviews all books, films, videotapes, periodicals, and otherimported publications. In practice, such censorship issporadic and aimed mostly at morally offensive material;however, political topics may be censored. The GeneralOrganization of Printing and Publishing controls the printing,publishing, and distribution of informational material.Academics conduct their activities with no apparent censorshipof their teaching, research, or writings, while subject to thesame restraints as the media with regard to criticism of theAmir or Islam. b. Freedom of Peaceful Assembly and AssociationAlthough the Constitution affirms the right to assembly, theGovernment bans political parties. However, several informalblocs, acting much like parties, coalesced during the 1992elections and have been present in succeeding National Assemblysessions. The Government has made no effort to limit thesegroupings, which are organized on the basis of commonideological goals. Many of them may be categorized as"opposition" groups. Public gatherings, however, must receiveprior government approval, as must private gatherings of morethan five persons that result in the issuance of a publicstatement.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 andattends diwaniyas, at which every possible topic is discussedand which contribute to the development of political consensusand official decisionmaking.The Government regards all nongovernmental organizations(NGO's) as illegal unless they obtain a license from theMinistry of Social Affairs and Labor. The Government uses itspower to license as a means of political control. The Ministryhas registered over 55 NGO's, including professional groups,bar associations, and scientific bodies. These groups receivegovernment subsidies for their operating expenses. They mustobtain permission from the Ministry before attendinginternational 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 Ministryhas disapproved other requests for licenses on the grounds thatpreviously established NGO's already provide services similarto those proposed by the petitioners.Despite the Ministry's refusal to issue additional permits,private organizations flourish, and their illegal activitiesare largely overlooked by the Government. However, in 1993 theCabinet issued a decree ordering all unregistered NGO's tocease activities. No organization has challenged this decreein court.In September the Ministry of Interior ordered threeunregistered NGO's to vacate the offices that they hadestablished in unused government buildings. They complied withthe order. By banning unregistered NGO's, the Governmentsought to dissolve groups whose efforts were not coordinatedwith a government committee working for the release of missingpersons presumed held in Iraq. The Government views thesegroups as politically unacceptable (see Section 4). However,in issuing the ban, the Government did not cite why it objectedto these groups' activities, aside from the fact that thegroups were unregistered.The ban prevents unregistered NGO's from holding publicmeetings and or being cited in the press, though many groupscontinue activities under the patronage of legal institutions,for example the National Assembly. The ban also discouragesthese groups from fundraising and recruitment. Someunregistered NGO's remain open and conduct their activities aswell as possible in a hostile legal environment. c. Freedom of ReligionIslam is the state religion. The Constitution states thatIslamic law, Shari'a, is "a main source of legislation." Theruling family and many prominent families belong to thedenomination of Sunni Islam. However, 40 percent of thepopulation belong to the Shi'a denomination. They are free toconduct their liturgies and rites without governmentinterference. There is a tiny Arab Christian minority whichpractices freely, and several legally recognized expatriatecongregations and churches, including a Catholic diocese and anAmerican-sponsored Protestant church. Residents who aremembers of religions not sanctioned by the Koran (e.g., Hindus,Sikhs, and Buddhists) may not build places of worship, but mayworship in their homes. The Government prohibits missionariesto proselytize among Muslims, but they may serve expatriatecongregations. The law prohibits religious education forreligions other than Islam, although this law does not appearto be strictly enforced. The Government does not permit theestablishment of non-Islamic publishing companies or traininginstitutions for clergy. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens have the right to travel freely within the country andto change their workplace as desired. Women must obtainpermission from their husbands or a close male relative toobtain a passport for travel abroad. Airport authoritiessometimes, but not often, ask female travelers to present therequired documentation before departing the country.Representatives from NGO's must obtain government permissionbefore representing Kuwait at international conferencesabroad. Citizens are free to emigrate and to return.A serious problem exists in the case of the "bidoon," who arestateless persons, usually of Iraqi or Iranian descent, whoresided in Kuwait prior to the Iraqi invasion. The Governmentargues that many of the bidoon (the term means "without") areactually the citizens of other countries, who claim they arestateless in order to remain in Kuwait, become citizens, andenjoy 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 theend of 1994, there were about 117,000 stateless people inKuwait, down from the prewar level of about 220,000. TheGovernment does not wish to see the return of the bidoon whodeparted Kuwait during the Gulf war. It frequently delays ordenies issuing them entry visas. This policy imposes serioushardships and family separations.In 1994 the Government continued its postwar policy of reducingthe number of Iraqis, bidoon, Palestinians, and other foreignresidents. However, the Government permits the ICRC to verifyif the deportees object to returning to their country oforigin. The Government holds those deportees who haveobjections at the main deportation center.In 1993 the Government discontinued its postwar practice ofarresting and deporting Gazan Palestinians for violatingresidency laws. The Government issued 1-year renewableresidency permits to 5,000 of the 8,000 Gazans remaining inKuwait, but did not seek to deport those without residencypermits. Nonetheless, the Government and social pressureprodded many Gazans to depart Kuwait.There is no legislation governing refugees. The Constitutionprohibits the extradition of political refugees. The Ministryof Interior issues residency permits to persons grantedpolitical asylum. The Government does not deport anyone whoclaims a fear of persecution at home; but it will oftenmaintain such persons in detention rather than grant thempermission to live and work in Kuwait.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentKuwaiti citizens cannot change their system of government.Women and many others are disfranchised; only 30 percent ofadult citizens are eligible to vote. Under the Constitution,the Amir holds executive power and shares legislative powerwith the National Assembly. The Prime Minister presides over a16-member Cabinet. In accordance with the practice of theruling family, the Prime Minister is always the Crown Prince.The Constitution empowers the Amir to suspend its provisionsand to rule by decree. In 1986 the Amir effectively dissolvedthe National Assembly by suspending the constitutionalprovisions on the Assembly's election. The Assembly remaineddissolved until 1992. The Amir had previously dissolved theAssembly from 1976 to 1981.An election was held for the National Assembly in 1992 in which303 candidates ran for the Assembly's 50 seats. Members serve4-year terms. The Constitution empowers the Assembly tooverturn any Amiri decrees made during the dissolution. Afterthe election, the Assembly used its power to revoke somedecrees issued from 1986 to 1992. Since the Governmentprohibits political parties, Assembly candidates must nominatethemselves. Nonetheless, informal political groupings areactive in the Assembly.Approximately 82,000 citizens, almost the entire franchisedmale population at the time, registered to vote in the 1992election. In 1994 the Assembly passed legislation extendingthe right to vote to the sons of naturalized Kuwaiti citizens,about 110,000 males. Previously, the law had restrictedsuffrage to adult males who had resided in Kuwait before 1920and maintained a residence there until 1959, and their maledescendants. According to the 1994 law, naturalized citizenswho have been naturalized citizens for at least 30 years willalso be eligible to vote in 1996.A majority of candidates elected in 1992 have stated that theyfavored extending the vote to women, but proposals to do sohave been delayed in a legislative committee. The Amir and thePrime Minister have publicly stated that they support politicalrights for women, but have made no apparent effort to persuadethe National Assembly.</text>
</content>
<name>Kuwait </name>
<script></script>
</card>
card_39603.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: REPUBLIC OF KOREAAUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe Korean people have the right to elect their owngovernment. The Constitution, as amended in 1987, provides forthe direct election of the President and for a mixed system ofdirect and proportional election of legislators to theunicameral National Assembly. The President serves a single5-year term and may not be reelected. The National Assembly'sterm is 4 years.There is universal suffrage for all citizens aged 20 or above,and elections are held by secret ballot. Kim Young Sam, whotook office in February 1992, is Korea's first civilian chiefexecutive in nearly 30 years.Because of cultural traditions and discrimination, women occupyfew important positions in government. In past governments,the only woman in the Cabinet had been the second minister forpolitical affairs, whose portfolio was Women's Affairs.Currently there are two women in the Cabinet, holdingportfolios of Women's Affairs and Education. In addition, awoman was appointed mayor of Kwangmyong City, and a femalelegislator was appointed to chair one of the special committeesof the National Assembly.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsSeveral nongovernmental private organizations are active inpromoting human rights, and they operate without governmentrestriction. Chief among these groups are the Lawyers for aDemocratic Society, Sarangbang, the Human Rights Committee ofthe National Council of Churches in Korea, the Korean BarAssociation, and "Mingahyup," an association of the families ofpolitical prisoners. These groups publish reports on the humanrights situation in Korea and make their views known bothinside and outside the country. Government and ruling partyofficials generally have been willing to meet withinternational human rights groups.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenA conservative Confucian tradition has left women subordinateto men socially, economically, and legally. In some companieswomen are expected to resign upon marriage or no later than thebirth of their first child. There has been some limited andgradual change in social mores and attitudes affecting women;for example, women have full access to education, and a fewhave become government officials and hold elected office.The Government has not effectively enforced equal employmentopportunity legislation dating to 1988. As a result there arevery few women who work as company executives or leadingofficials in government. While women account for just over 40percent of the economically active population, the averagefemale worker's wage remained a little over half of that of theaverage male worker.The traditional preference for male children continues in Koreatoday, although it is less pronounced among people in theirtwenties and thirties. Korean law bans sex testing andabortions except when the woman's life is in danger, ahereditary disease would be passed along, or in case of rape orincest. However, fetal sex testing and abortion of femalefetuses remain common, and it is estimated that when today'schildren reach marrying age there will be 400,000 "surplusbachelors."Violence against women remains pervasive, and the law does notprovide adequate protection. Spouse abuse is common, and somewomen's rights groups maintain that it has worsened in the pastfew years. The Amended Family Law, which went into effect in1991, permits women to head a household, recognizes a wife'sright to a portion of the couple's property, and allows a womanto maintain greater contact with her offspring after adivorce. Although the revisions helped abused women, divorcestill remains a social taboo, and there is little government orprivate assistance for divorced women. These factors, plus thefact that divorced women have limited employment opportunitiesand have difficulty remarrying, lead some women to stay inabusive situations. The Government has created some sheltersfor battered women and increased the number of child carefacilities, which gives women in abusive situations moreoptions, but women's rights groups say they fall far short ofeffectively dealing with the problem.Korea has an extremely high rate of reported rapes. A 1992report by the National Police Agency estimated that 9.8 womenper 1,000 are raped in South Korea. Since that time, thenumber of reported cases may well have risen. The activitiesof a number of women's groups in Korea have increased awarenessof the importance of reporting and prosecuting rapes as well asless serious offenses such as sexual harassment in theworkplace. In a precedent-setting case this spring, a femaleresearcher at Seoul National University who alleged sexualharassment by a professor was awarded approximately $40,000 indamages. The award received wide and favorable media coverage,but such cases remain the exception to the rule. According towomen's rights groups, cases involving sexual harassment orrape generally go unprosecuted, and perpetrators, if convicted,often receive very lenient sentences. ChildrenChildren's human rights and welfare have not been prominentsocial policy issues. The Government continued to devote anincreasing 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 onsuch abuse are limited. Reported cases of child abuse havegenerally numbered less than 50 in recent years. Althoughexperts believe that a number of cases go unreported, instancesof child abuse still appear to be relatively rare. Accordingto official statistics, the number of runaway children eachyear has dropped from about 7,000 in the past to approximately1,000. The Seoul metropolitan government runs a children'scounseling center, which investigates reports of abuse,counsels families, and cares for runaway children. In theabsence of a specific law against child abuse, however, it isdifficult to prosecute and punish child abusers unless theycommit a crime punishable under a separate law. National/Racial/Ethnic MinoritiesThe Republic of Korea is a racially homogeneous country with noethnic minorities of significant size. Nonetheless, regionalrivalries exist. Persons from the southwestern region (Northand South Cholla provinces) have traditionally faceddiscrimination. Many Koreans believe that successivegovernments led by figures from the southeastern region (Northand South Kyongsang provinces) have deliberately neglected theeconomic development of the Cholla provinces for politicalreasons. President Kim attempted to alleviate longstandingregional grievances, such as the violent suppression of the May1980 Kwangju uprising, through more evenhanded governmentspending and appointments. Centuries of isolation and ahistory of foreign invasion and occupation engendered atradition 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 citizenshipor become public servants and are unlikely to be hired by majorcorporations. Due to legal as well as societal discrimination,many Chinese residents in Korea have emigrated to othercountries since the 1970's. Amerasian children are usuallyable to obtain Korean citizenship, and no legal discriminationagainst them exists. Informal discrimination, however, isprevalent and makes it more difficult for Amerasians to succeedin academia, business, or government. People with DisabilitiesCommunity and social organizations have begun to consider therights and treatment of people with physical and mentaldisabilities. Although there are public displays of concernfor the disabled, such as the Special Olympics and televisiondocumentaries, public facilities for their everyday care anduse remained inadequate, and their general treatment by societydiscriminatory. The Government lacked adequate educationalprograms and schools for severely disabled people. TheGovernment did not discriminate officially against the disabledwho were capable of attending regular schools, but societalpressures and cultural biases have a negative impact on thataccess. The Government has introduced guidelines encouragingbusinesses to reserve a portion of jobs for the diasbled.Beginning in 1995, new public buildings will be required toinclude facilities for the handicapped such as a ramp access toentrances, a wheelchair lift, and parking spaces for thedisabled.Section 6 Worker Rights a. The Right of AssociationThe Constitution gives workers, with the exception of publicservice employees and teachers, the right to free association.There are some blue-collar public sector unions in railroads,telecommunications, the postal service, and the nationalmedical center. The Trade Union Law specifies that only oneunion is permitted at each place of work and that all unionsare required to notify the authorities when formed ordissolved. About 16.4 percent of all Korean workers aremembers of a union.In the past, the Government did not formally recognize laborfederations which were not part of or affiliated with thecountry's two legally recognized labor groupings--theFederation of Korean Trade Unions (FKTU) and the independentKorean Federation of Clerical and Financial Workers. In thepast several years, however, the Labor Ministry officiallyrecognized some independent white-collar federationsrepresenting hospital workers, journalists, and office workersat construction firms and government research institutes.Korean courts ruled in 1992 that affiliation to the FKTU is notrequired in order to be registered as a legal laborfederation. In practice, labor federations not formallyrecognized by the Labor Ministry existed and worked withoutgovernment interference, unless authorities considered theirinvolvement in labor disputes disruptive.The Government, however, did arrest unionists it viewed asacting as third parties in instigating or prolonging labordisputes. The number of workers arrested for labor-relatedactivities increased to over 60, compared with 11 in 1993.About 30 workers were still in jail as of year's end. Duringthe summer, for example, authorities arrested more than 20members of Chongihyup, an unregistered union of railwayengineers, for leading an illegal railroad strike in June thatparalyzed the transportation network for several days. Otherunionists whom authorities alleged had entered the labormovement to foment social unrest were also arrested. InSeptember police detained five members of the Songnam areaworkers' association and charged them under the NSL with tryingto indoctrinate workers with Kim Il Sung's "juche" ideology.The Government continued the ban on labor union activities bypublic and private schoolteachers, arguing that the teachers'union (Chonkyojo) is an essentially political organization withradical aims. The Government continued its program ofreinstating some of the 1,500 fired teachers if they resignedfrom Chonkyojo.No minimum number of members are required to form a union, andunions may be formed without a vote of the full prospectivemembership. Election and labor laws forbid unions fromdonating money to political parties or participating inelection campaigns. However, trade unionists have circumventedthe ban by temporarily resigning their union posts and runningfor office on the ticket of a political party or as anindependent.Strikes are prohibited in government agencies, state-runenterprises, and defense industries. By law, enterprisesdetermined to be of "public interest," including publictransportation, utilities, public health, banking,broadcasting, and communications must submit togovernment-ordered arbitration in lieu of striking. The LaborDispute Adjustment Act requires unions to notify the LaborMinistry of their intention to strike, and it mandates a 10-day"cooling-off period" before a strike may legally begin. (Thisperiod is 15 days in public interest sectors.) Labor lawsprohibit retribution against workers who have conducted a legalstrike and allow workers to file complaints of unfair laborpractices against employers.The FKTU is affiliated with the International Confederation ofFree Trade Unions (ICFTU). Most of the FKTU's 20 constituentfederations maintain affiliations with international tradesecretariats, as do KCIIF white-collar federations and the KTUCMetalworkers Council. In response to freedom of associationcomplaints lodged by Korean dissident and independent unions,the International Labor Organization (ILO) Committee on Freedomof Association again issued a report in 1994 which recommendedthat the Government bring Korean labor law and policy up tointernational worker rights standards in accordance with theprinciple of free association.The Government under President Kim continued to cultivate amore neutral stance in labor disputes. For example, theGovernment refused to intervene in the strike at Hyundai HeavyIndustries (HHI), the first time since 1987 that a strike atHHI did not lead to state intervention. Police intervention inlabor disputes was relatively rare. During the summer,however, the Government deployed police to arrest workersconducting sitdown demonstrations connected with the railroadand subway strikes. Riot police also dispersed strikingworkers who had occupied buildings at Kumho and Daewoofactories.There were no reports of employer-hired squads assaultingworkers in 1994.Since July 1991, South Korea has been suspended from the U.S.Overseas Private Investment Corporation (OPIC) insuranceprograms because of the Government's infringements on freedomof association and other worker rights. b. The Right to Organize and Bargain CollectivelyThe Constitution and the Trade Union Law provide for the rightof workers to collective bargaining and collective action.This law also empowers workers to file complaints of unfairlabor practices against employers who interfere with unionorganizing or practice discrimination against unionists.Employers found guilty of unfair practices can be required toreinstate workers who were fired for union activities.Extensive collective bargaining is practiced, even with unionsthat are not legally recognized by the Government. Korea'slabor laws do not extend the right to organize and bargaincollectively to government employees, including employees ofstate or public-run enterprises, defense industries, and publicand 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 nowbeen given all the rights enjoyed by workers in other sectorsof the economy.Korea has no independent system of labor courts. The centraland local labor commissions form a semiautonomous agency of theLabor Ministry that adjudicates disputes in accordance with theLabor Dispute Adjustment Law. Each labor commission iscomposed of equal representation from labor (represented by theFKTU), management, and "the public interest." Local laborcommissions are empowered to decide on remedial measures incases involving unfair labor practices and to mediate and, insome situations, arbitrate labor disputes. Arbitration iscompulsory in sectors of the economy (e.g., utilities andtransportation) that are deemed essential to public welfare.The Trade Union Law and Labor Dispute Adjustment Law forbidthird-party intervention in union and labor disputes byfederations not recognized by the Government (such asChonnohyup and KCIIF), but they allow recognized laborfederations, principally the FKTU, its affiliates, and someindependent white-collar federations, to assist member unions.The ban on third-party intervention also exempts mediationefforts by lawyers, experts, and others who have the consent ofboth labor and management, a policy much criticized by non-FKTUlabor leaders. c. Prohibition of Forced or Compulsory LaborThe Constitution provides that no person shall be punished,placed under preventive restrictions, or subjected toinvoluntary labor, except as provided by law and through lawfulprocedures. Forced or compulsory labor is not condoned by theGovernment and is generally not practiced. There were reports,however, of illegal foreign workers who were not paid backwages by their employers but who continued to work for theiremployers or who lacked the funds to return to their homecountries. d. Minimum Age for Employment of ChildrenThe Labor Standards Law prohibits the employment of personsunder the age of 13 without a special employment certificatefrom the Labor Ministry. Because there is compulsory educationuntil the age of 13, few special employment certificates areissued for full-time employment. Some children are allowed todo part-time jobs such as selling newspapers. In order to gainemployment, children under 18 must have written approval fromtheir parents or guardians. Employers may require minors towork only a limited number of overtime hours and are prohibitedfrom employing them at night without special permission fromthe Labor Ministry. Child labor laws and regulations are clearand usually enforced when violations are found, but theGovernment employs too few inspectors to carry out regularinspections. e. Acceptable Conditions of WorkThe Government implemented a minimum wage law in 1988. Theminimum wage level is reviewed annually. As of September,1994, the minimum wage was raised to $12.00 (9,360 Won) perday. Companies with fewer than 10 employees are exempt fromthis law. Due to Korea's tight labor market, however, mostfirms pay wages well above the minimum in order to attract andretain workers. The FKTU and other unions continue to claimthat the current minimum wage does not meet the minimumrequirements of urban workers. In fact, a worker earning theminimum wage would have some difficulty in providing a decentstandard of living for himself and his family, despite thefringe benefits such as transportation expenses with whichKorean companies normally supplement salaries. (The Governmentnotes that the money an average Korean blue-collar worker takeshome in overtime and bonuses significantly raises the totalcompensation package.) According to the Ministry of Health andSocial affairs, 5.2 percent of the population lived below thepoverty 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 Governmenthas sought to alleviate the problem of illegal workers byinitiating a pilot program whereby 20,000 foreign workers areallowed to enter Korea legally to work at established wages andwith legal safeguards. Illegal foreign workers, however, whoprobably number more than 60,000, still suffer significanthardships at the workplace, and employers often provide themsubstandard living accommodations. It is difficult for illegalworkers to seek relief for loss of pay or unsatisfactory livingand working conditions because they are always under the threatof being deported.Amendments to the Labor Standards Law passed in 1989 broughtthe maximum regular workweek down to 44 hours, with provisionfor overtime to be compensated at a higher wage, and alsoprovide for a 24-hour rest period each week. However, laborgroups claim that the Government does not adequately enforcethese laws, especially with regard to small companies.The Government sets health and safety standards, but SouthKorea suffers from unusually high accident rates. The accidentrate continues to decline gradually, due to public and unionpressure for better working conditions. However, the number ofdeaths resulting from work-related accidents remains very highby international standards. The Labor Ministry has improvedenforcement of safety standards but still lacks enoughinspectors to enforce the laws fully. The Industrial Safetyand Health Law does not guarantee security for workers whoremove themselves from dangerous work environments.</text>
</content>
<name> </name>
<script></script>
</card>
card_39232.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: REPUBLIC OF KOREAAUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 REPUBLIC OF KOREAThe Republic of Korea is governed by a directly electedpresident and a unicameral national assembly selected by bothdirect and proportional election. The ruling DemocraticLiberal Party continued its efforts to reform the politicalsystem and the economy but still has not been able to eliminatesome vestiges of its authoritarian past.Responsibility for maintaining internal security lies with theNational Security Planning Agency (NSP), the Korean NationalPolice (KNP), and the Defense Security Command (DSC). In Julythe National Assembly created an intelligence oversightcommittee to serve as an independent watchdog on securityagencies. According to legislation passed in 1993, the NSP isrestricted from interfering in domestic politics and hasinvestigative authority only in cases involving terrorism,espionage, and international crime organizations. Although the1993 legislation was intended to prevent human rights abuses bythese security agencies, there continued to be some crediblereports of such abuses.Korea has become a major industrial power and achieved rapideconomic growth despite a lack of natural resources. After aneconomic slowdown in 1993, production rose in 1994 with anincrease in the gross national product exceeding 8 percent.However, a number of problems remain, including high levels ofrural migration to the cities, labor shortages, unbalancedregional development, an inefficient agricultural sector, andinadequate infrastructure.The Government took some steps to strengthen judicialindependence and increase awareness of human rights byappointing new judges, prosecutors, and police. However, itslowed the pace of reform in response to increased tensionswith North Korea over the nuclear issue, a rise in violentstudent demonstrations, and labor unrest, and it shelvedplanned reform of labor laws. Korea's labor statutes andpractice continued to fall short of international standards.There continued to be credible reports that the police deprivedsome suspects of access to counsel and subjected some suspectsto verbal threats and sleep deprivation during interrogation.There was also one confirmed case in which authoritiesphysically abused a suspect under interrogation. Womencontinued to face legal and societal discrimination andwidespread physical abuse, and there is still no effectivelegal redress for these problems.The Government continued to subject released politicalprisoners to surveillance and required them to make regularreports to the police under the Social Surveillance Law. TheGovernment has not addressed the issue of amnesty or redress insome of the cases of prisoners who are serving long sentenceson charges believed to have been fabricated by previousgovernments. Some of these prisoners were reportedly subjectedto torture to extract confessions and to trials that did notmeet international standards of fairness. Although directgovernment control over the news media has virtuallydisappeared, the wide latitude provided judges in determiningthe motive behind the production, sales, and distribution of"pro-North Korean" or "pro-Communist" literature and thepossibility of arrest under the National Security Law (NSL)have curtailed press freedom.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or extrajudicial killings bythe police or military. In August a bystander at a radicalstudent rally was interrogated and assaulted by a group ofdemonstrators who suspected him of being a governmentinformant. The man died shortly afterwards, and one of thestudents has been indicted in this case. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Government has ordered investigating authorities to protectthe human rights of suspects, and allegations of abuse byauthorities of those in custody for questioning continued todecline. Nonetheless, prosecutors continued to place muchemphasis on extracting confessions from suspects. In spite ofgovernment directives discouraging sleep deprivation as atechnique for obtaining confessions, there continued to becredible reports of police questioning suspects through thenight, of suspects being denied the right to talk to a lawyerfor several days after arrest, and, in at least some instances,of physical abuse. The Government has confirmed that policephysically abused murder suspects under interrogation in oneparticular case in Pusan. Also, dissidents Kim Sam Sok and hissister Kim Un Ju, who were arrested in September 1993 under theNSL, claimed that they had been abused while in detention.Both charged that the police had used sleep deprivation, verbalthreats, and beatings to extract confessions from them. KimSam Sok also charged that he had been sexually abused byauthorities, while his sister cited threats of rape (seeSection 1.e.). An investigation of these allegations isongoing, but evidence has not yet surfaced to substantiatetheir claims of sexual abuse.There were also reports of verbal abuse and threats duringquestioning. These reports were particularly frequent duringthe mass arrests of students following the upsurge of violentprotests over the summer.The Government continued to investigate and consider cases inwhich former detainees argued that they deserved redress fortorture suffered in the past. However, the Government hasfailed to provide an effective mechanism for redress, such asan independent body to investigate complaints of human rightsviolations. It remained relatively rare for officials accusedof abuse or harassment of suspects to be prosecuted.Prison diets are adequate, but the prisons offer littleprotection against cold in winter and heat in the summer.Consequently, some prisoners claim that the conditions havedamaged their health. There have been a few claims that prisonguards have used excessive force or have needlessly putprisoners in manacles. Prisoner access to reading materialshas improved significantly in recent years. There is littleindependent monitoring of prison conditions, althoughrepresentatives of human rights groups may see certainprisoners if approved by the prison warden. d. Arbitrary Arrest, Detention, or ExileKorean law is vague with respect to detention, and prosecutorshave wide latitude to interpret the law. The NSL definesespionage in broad terms and permits the authorities to detainand arrest persons who commit acts viewed as supportive ofNorth Korea and therefore dangerous to the Republic of Korea.Authorities arrested not only persons spying on behalf of NorthKorea but also those who exercised their freedom of speech tocriticize the Government or to praise North Korea, its leaderKim Il Sung, or Kim Il Sung's "self-reliance" ("juche")political philosophy. The United Nations Human RightsCommittee termed the NSL "a major obstacle to the fullrealization of the rights enshrined in the InternationalCovenant on Civil and Political Rights." The Governmentarrested 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 yearsof anyone who "with the knowledge that he might endanger theexistence or security of the State or the basic order of freedemocracy, praised, or encouraged, or propagandized for, orsided with the activities of an antistate organization." Thelegal standard for knowing that one might endanger theexistence of the State is vague. Consequently, a number ofKoreans have been arrested for what appears to be simplyexpressing leftwing views. In February the police arrestedmembers of Heemangsae, a singing group whose song lyricsexpress support for "juche" philosophy, under the NSL'sprovisions. In May the police arrested students in Kwangju whobuilt an altar honoring Kim Il Sung during a demonstration andcharged them with violating the NSL. The police alsoinvestigated university professors at Kyongsang Universityunder the NSL because a textbook they had written several yearsago used Marxist jargon and echoed some of the ideology of KimIl Sung (see Section 1.e.).The Government's rationale for keeping the NSL is that NorthKorea is actively trying to subvert the South Korean Governmentand society and that special circumstances call for limitingsome forms of expression to block the greater danger to freedomand democracy posed by totalitarianism. The effect is torelieve the Government of the burden of proving in a court oflaw 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 ofarrest, detention, seizure, or search, except if the person isapprehended while committing a criminal act, or if a judge isnot available and the authorities believe that the suspect maydestroy evidence or escape capture if not quickly arrested. Insuch emergency cases, judges must issue arrest warrants within48 hours after apprehension, or, if a court is not located inthe same county, in 72 hours. Police may detain suspects whovoluntarily come in for questioning for up to 6 hours but mustnotify the suspects' families. However, they do not alwaysrespect these legal requirements.Upon issuance of an arrest warrant, the security servicesnormally must release suspects after 30 days unless anindictment is made. Hence, detainees are a relatively smallpercentage of the total prison population. Article 19 of theNSL gives judges the power to approve requests to extend thedetention period an additional 20 days, making detention legalfor up to 50 days. The Constitutional Court, however, ruledthat, while the authorities may extend detention beyond thelegal 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 chargedonly with praising North Korea or failing to report NSLviolations.The Constitution specifically provides for the right torepresentation by an attorney. However, prosecutors prohibitattorneys from accompanying their clients duringinterrogation. The Government began to permit suspects duringthe investigative phase to consult with "duty lawyers," a newsystem set up by a nongovernmental association of lawyers.However, there were numerous complaints that access to a lawyerwas restricted during this phase. There is a functioningsystem of bail, but human rights lawyers say that bail isgenerally not granted in cases involving serious offenses, and,even when the offense is relatively minor, bail often will notbe granted unless the victim of the alleged crime agrees to thebail request.There were no cases in 1994 of political dissidents beingexiled without due process. e. Denial of Fair Public TrialThe Constitution provides defendants a number of rights incriminal trials, including presumption of innocence, protectionagainst self-incrimination, freedom from retroactive laws anddouble jeopardy, the right to a speedy trial, and the right ofappeal. When a person is physically detained, the initialtrial must be completed within 6 months of arrest. Theserights are generally observed. Trials are open to the public,but the judge may restrict attendance if he believes spectatorsmay seek to disrupt the proceedings.The President appoints the Chief Justice and most justices ofthe Constitutional Court. Although judges do not receive lifeappointments, in recent years the judiciary has shownincreasing independence, and that trend continued in 1994.Judges cannot be fired or transferred for political reasons.Judicial officials generally considered committed to theindependence and integrity of the judiciary were appointed toimportant positions in 1994.In July Chief Justice Yoon Kwan nominated six new justices tothe Supreme Court, including a lawyer previously active in thehuman rights movement. In a notable instance of judicialindependence, prosecutors who sought to arrest KyongsangUniversity professors in September under the NSL for writing aMarxist textbook were thwarted by a judge who denied thewarrants, arguing that prosecutors had not provided evidence ofthe professors' pro-Communist activities. Similarly, in thecase of Kim Sang Sok and Kim Un Ju, the Supreme Court limitedthe kind of evidence that could be deemed a "state secret."The Kims, who were convicted on charges of working with NorthKorean agents overseas, were cleared on appeal of passing a"state secret" (a South Korean newspaper), thus reducing theirsentences by from 1 to 3 years.Judges generally allow considerable scope for examination ofwitnesses by both the prosecution and defense. Cases allegedlyinvolving national security and criminal cases are tried by thesame courts. Although convictions are rarely overturned,appeals often result in reduced sentences. Death sentences areautomatically appealed. The Constitutional Court, which beganoperation in 1988, continued to grow in its role ofinterpreting the Constitution.The courts continued to investigate allegations of past abuseof political dissidents. Human rights groups believe that manyof these prisoners were sentenced to long prison terms ontrumped up charges of spying for North Korea during the 1970'sand 1980's. Furthermore, they had been held incommunicado forup to 60 days after their arrest, subjected to extreme forms oftorture, forced to make "confessions," and convicted aftertrials that did not conform to international standards for afair trial. Human rights groups allege that some of thesepolitical prisoners have been denied early parole because theyrefused to renounce real or alleged communist beliefs. Thosepolitical prisoners who have been released continue to besubjected to police surveillance and requirements to reporttheir activities regularly to the police.In a celebrated case, the families of 65 prisoners sued theGovernment, arguing that these dissidents had been imprisonedarbitrarily by past regimes. Human rights groups claim thatthis case and others like it have received only perfunctoryinvestigation and that those who received unfair trials in thepast still languish in prison.It is difficult to estimate the number of political prisoners,i.e., those jailed for exercising their political rightsunaccompanied by violence, because it is not clear whetherparticular persons were arrested for merely exercising theright of free association or were detained for committing orplanning acts of violence or espionage. Because of a wave ofviolent protests in 1994 over such issues as government tradepolicy and the attendant government clampdown on dissidents,the number of Koreans arrested for politically related crimesincreased substantially. Some human rights monitors estimatethat the number of political prisoners in Korea increased tomore than 500 in 1994. However, their definition of politicalprisoner generally includes all persons imprisoned for actsthat were politically motivated, without distinction as towhether the acts themselves included violence or other criminalbehavior. The number of political prisoners and detainees asdefined by international standards appears to number under 200. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceIn general, the Government honors the integrity of the home andfamily. In the past, the security services conducted varyingdegrees of surveillance, including wiretaps, of politicaldissidents. The Antiwiretap Law and the law to reform the NSPwere designed to curb government surveillance of civilians, andappear largely to have succeeded. The Antiwiretap Law lays outbroad conditions under which the monitoring of telephone calls,mail, and other forms of communication are legal It requiresgovernment officials to secure a judge's permission beforeplacing wiretaps, or, in the event of an emergency, soon afterplacing them, and it provides for jail terms for those whoviolate this law. Some human rights groups argue that aconsiderable amount of illegal wiretapping is still takingplace and say the lack of an independent body to investigatewhether police have employed illegal wiretaps hinders theeffectiveness of the antiwiretapping law.South Koreans are not allowed to listen to North Korean radioin their homes or read books published in North Korea if theGovernment determines that they are doing so for the purpose ofhelping North Korea. Student groups make plausible claims thatgovernment informants are posted around university campuses.Persons with backgrounds as political or labor activists mayfind it difficult to obtain some forms of employment or advancein such fields as government, broadcast media, andeducation.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressWhile most political discourse is unrestricted, under the NSLthe Government limits the expression of ideas that theGovernment considers Communist or pro-North Korean. TheGovernment's definition is so broad that it often includes thenonviolent views of persons, which the Government opposes.Although most radio and television stations are statesupported, the stations maintain a large degree of editorialindependence in their news coverage. The censorship board,which screens movies for sexual or violent content before theyare released, followed more liberal guidelines in 1994.Consequently, a broader range of films was released to thepublic.While the Government has abandoned direct control over the newsmedia, it continues to exercise considerable indirect influenceon the media. Because many former journalists hope to becomegovernment officials, journalists and editors often practiceself-censorship, avoiding or softening criticism of theGovernment in order to advance their careers. Moreover, whilethe Government's anticorruption campaign curtailed governmentpayments of money to reporters, it did not eliminate them.The libel laws sometimes allow the Government or othercomplainants to win judgments against publications for articlesthat are unflattering but not necessarily untrue. In March KimHyon Chol, President Kim Young Sam's son, sued the HangyorehSinmun newspaper after being the subject of an unflatteringarticle. This case has not yet been adjudicated. In acelebrated case, some Ewha University students sued Newsweekmagazine after it published an article describing many Ewhastudents as materialistic "slaves to money." The magazine wasordered to pay $25,000 to each of three Ewha undergraduateswhose photographs were used to illustrate the story.Prosecutors continued to indict dissidents under the NSL forproducing, selling, or distributing pro-North Korean or pro-Communist materials. Court precedents allow Koreans to possessthese kinds of publications for purely academic use, profit, orcuriosity, but not with the intent of subverting the State.Prosecutors sometimes abuse the discretion allowed them indetermining 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 Editorof Il-Teo publishing, for possessing and publishing a novelabout laborers in steel mills originally published in NorthKorea. In September police asked prosecutors to seek anindictment of Cho Chung Rae, author of "Taebek Mountain," anovel published several years ago that depicts Communistpartisans in South Korea in the 1940's in a sympathetic light.The Government continued to allow, within its guidelines, anincrease in media coverage of North Korea. South Koreantelevision networks continued to broadcast edited versions ofNorth Korean television programs. The media extensivelyreported on U.S. and South Korean talks with North Koreanofficials, sending reporters to cover U.S.-North Korean talksin New York and Geneva.In July the authorities began investigating eight KyongsangUniversity professors whose textbook on Korean society wasdeemed by prosecutors to endorse North Korean ideology. Thisinvestigation caused an outcry in the scholarly community asbeing a serious infringement of academic freedom. Prosecutorswho sought to arrest several of the professors under the NSLwere denied warrants by a judge who argued that the prosecutorshad not provided evidence of the professors' pro-Communistactivities. b. Freedom of Peaceful Assembly and AssociationThe Law on Assembly and Demonstrations prohibits assembliesconsidered likely to undermine public order. It forbidsoutside interference in peaceful assemblies approved by theauthorities. The law requires that the police be notified inadvance of demonstrations of all types, including politicalrallies. Police must notify organizers if they consider theevent impermissible under this law. Associations, except thosewhose aim is deemed by the Government to be the overthrow ofthe State, operate freely.In general, police showed restraint and discipline in the faceof severe provocation during violent demonstrations in 1994.During the first part of the year, authorities issueddemonstration permits with few restrictions. However, becauseof an upsurge in violent protests, which increased more thanfourfold in the first quarter of 1994, authorities became morerestrictive. Such universities as Konguk and Sogang forbaderallies on campus. In the past, Korean universitiestraditionally had been a safe haven for virtually all forms ofpolitical protest. Unlike in 1993, the Government did notsupport the "South-North Human Chain for Peace andReunification" organized by the National Council of Churches inKorea (KNCC), and authorities limited the scope of the humanchain rallies. The Government also blocked other LiberationDay demonstrations organized by student groups and by adissident coalition representing "Pomminnyon" (PannationalAlliance for Unification), arguing that the rallies would leadto violence. c. Freedom of ReligionThe Constitution provides for freedom of religion, and theGovernment respects this provision in practice. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationFor most citizens, there is universal freedom of movementwithin the country. However, police may restrict the movementsof some political prisoners who were released from prison.Foreign travel is generally unrestricted, but travel to NorthKorea is allowed only with government approval. One of theconditions is that the trip must not have a politicalpurpose--that is, to praise North Korea or criticize the SouthKorean Government. Travelers to North Korea who do not meetthis criterion are likely to be punished upon their return toSouth Korea. For example, authorities revoked the publishinglicense of Park Bo Hi, President of a newspaper in Seoul, afterhe made an unauthorized trip to North Korea. Police alsoarrested Pomminnyon leaders Reverend Kang Hee Nam and Ahn HeeChan who planned to enter North Korea through Panmunjom toattend Kim Il Sung's funeral.Between August 1989 and August 1992, 539 South Koreans in 18different groups visited North Korea, and another 2,247contacted North Koreans with government approval. In 1994,however, the two sides had few exchanges because of renewedtensions caused by North Korea's refusal to allow completeInternational Atomic Energy Agency inspections of its nuclearfacilities.In the past, the Government has forbidden some Koreansconvicted of politically related crimes from returning toKorea. In September the NSP lifted the entry ban on composerYun I Sang, a dissident who has been living in Berlin for anumber of years. However, the Government required that herefrain from any political activity while in Korea and that hegive an accounting of his political activities overseas beforeauthorities would allow him into the country. (Yun refusedthese conditions and decided against returning to South Korea.)The Government cooperates with the office of the U.N. HighCommissioner for Refugees and other humanitarian organizationsin assisting refugees, and there were no reports of forcedexpulsions of those having a valid claim to refugee status.</text>
</content>
<name>Korea, South </name>
<script></script>
</card>
card_39033.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: 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 capitalpunishment 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingPolitical 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. DisappearanceThere 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 PunishmentThere 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 ExileLittle 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 TrialThe 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 CorrespondenceThe 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 PressArticles 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 AssociationThe 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 ReligionThe 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 RepatriationThe 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 GovernmentCitizens 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 RightsThe 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 StatusThe Constitution grants equal rights to all citizens. As noted above, however, the Government denies its citizens the most fundamental human rights. WomenThe 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. ChildrenSocial 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 DisabilitiesThere 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 AssociationNongovernmental 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 CollectivelyWorkers 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 LaborThere 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 ChildrenNo 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 WorkNo 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.</text>
</content>
<name>Korea, North </name>
<script></script>
</card>
card_38717.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: KIRIBATI HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 KIRIBATIThe 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of politically motivated or other extrajudicial killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough 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 ExileConstitutional safeguards against arbitrary arrest and detention are observed in practice. There is no exile, internal or external. e. Denial of Fair Public TrialThe 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. Thejudiciary is independent and free of governmental interference.Kiribati has no political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe 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 PressFreedom 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 AssociationThe 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 ReligionFreedom 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 RepatriationCitizens 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 GovernmentThe 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. Noless 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 RightsThere 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 StatusThe 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. WomenThe 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 womendoes 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. ChildrenIf child abuse exists, it is rare and has not become a source of societal concern. Within the limited resources of theGovernment, adequate expenditures are made for child welfare. People with DisabilitiesThere 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 AssociationFreedom 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 CollectivelyCollective 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 statutorybodies 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 LaborForced or compulsory labor is prohibited under the Constitution and is not practiced. d. Minimum Age for Employment of ChildrenKiribati 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 WorkThe 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).</text>
</content>
<name>Kiribati </name>
<script></script>
</card>
card_38468.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: KENYA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationSave for central government civil servants, including medicalpersonnel, and university academic staff, all workers are freeto join unions of their own choosing. The law provides that asfew as seven workers may establish a union, provided thatobjectives of the union do not contravene Kenyan law and thatanother union is not already representative of the employees inquestion. The Government may deregister a union, but theRegistrar of Trade Unions must give the union 60 days tochallenge the deregistration notice; an appeal of theRegistrar's final decision may be brought before the High Court.President Moi deregistered the Kenya Civil Servants Union in1980; 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 demandedregistration by the Government. In April the head of the CivilService Commission announced with great fanfare the recognitionof the Civil Servants Union, but President Moi subsequentlyrescinded the approval (see below).There are at least 33 unions in Kenya representingapproximately 350,000 workers, less than 20 percent of thecountry's industrialized work force. Except for the 150,000teachers who belong to the Kenya National Union of Teachers(KNUT), which the Government has registered, all other unionsare affiliated with one central body, the COTU. The Governmentcreated COTU in 1965 as the successor to both the KenyaFederation of Labor and the Kenya African Workers Congress.The 1965 decree establishing COTU gives the President power toremove from office the central body's three senior leaders andgrants nonvoting membership on the Executive Board to arepresentative of the Ministry of Labor as well as of KANU.Most secretaries general within COTU, including those whostaged an abortive "coup" on July 2, 1993, putting into powerleaders more acceptable to the Government, agreed that anyCOTU-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 COTUheadquarters. On January 31, however, a three-member panel ofthe Appellate Court confirmed the November 10 decision andthreatened to jail the Registrar of Trade Unions on contempt ofcourt charges should he maintain his refusal to recognize theold COTU leadership. He complied with the order. Two furthergovernment-sponsored but unsuccessful attempts to unseat theCOTU leadership took place in March, and the elected leadershipremained in office throughout 1994.The Trade Disputes Act permits workers to strike provided that21 days have elapsed following the submission of a writtenreport to the Minister of Labor. The military, police, prisonguards, and members of the national youth service are precludedby law from striking. Other civil servants, like their privatesector counterparts, may strike following the 21-day noticeperiod (28 days if it is an essential service, e.g., water,health, education, air traffic control). During this 21-dayperiod, the Minister may either mediate the dispute, nominatean arbitrator, or refer the matter to the Industrial Court, abody of five judges appointed by the President, for bindingarbitration. Once a dispute is referred to either mediation,fact finding, or arbitration, any subsequent strike isillegal. However, Section 28 of the Act gives the Minister ofLabor broad discretionary power, based on the Minister'sopinion, to determine the legality of any strike. The Ministerin 1994 used this power to declare several strikes illegal,although the required notice had been given. If workersattribute dismissals to strike or union activities, they haverecourse to the Industrial Court.There were several strikes in 1994, including one by theUniversities Academic Staff Union (UASU) and one by the KenyaUnion of Medical Practitioners and Dentists (KUMPD). The UASUstrike was the longest in Kenyan history. Both groups,representing government university and hospital staff, struckafter the Government had refused to register their unions. TheGovernment arrested and dismissed the UASU leadership, and theauthorities did not reinstate over 20 professors aftersuspending their strike September 28. KUMPO leaders wereexpelled from their government-provided housing. Aftersuspending their strike September 27, fully qualified doctors--but not necessarily interns--went back to work and received newhousing. Although the UASU lost another court case in October,both unions continued to press for recognition.Internationally, COTU is affiliated with both the Organizationof African Trade Union Unity and the InternationalConfederation of Free Trade Unions. Many of its affiliates arelinked to international trade secretariats of their choice. b. The Right to Organize and Bargain CollectivelyWhile not having the force of law, the 1962 IndustrialRelations Charter, executed by the Government, COTU, and theFederation of Kenya Employers, gives workers the right toengage in legitimate trade union organizational activities.Both the Trade Disputes Act and the Charter authorizecollective bargaining between unions and employers. Wages andconditions of employment are established in the context ofnegotiations between unions and management. In 1994 theGovernment relaxed wage policy guidelines to permit wageincreases of up to 100 percent and renegotiation of collectiveagreements. Collective bargaining agreements must beregistered with the Industrial Court in order to guaranteeadherence to these guidelines. In 1994 about 250 agreementswere newly signed and registered with the Court. Some 1million workers (union and nonunion) were covered by theseaccords.The Trade Disputes Act makes it illegal for employers tointimidate workers. Employees wrongfully dismissed for unionactivities are generally awarded damages in the form of lostwages by the Industrial Court; reinstatement is not a commonremedy. More often, aggrieved workers have found alternativeemployment in the lengthy period prior to the hearing of theircases.Legislation authorizing the creation of export processing zones(EPZ's) was passed in November, 1990. The EPZ Authoritydecided that local labor laws, including the right to organizeand bargain collectively, would apply in the EPZ's. However,in practice, it grants many exemptions. For example, theGovernment waived aspects of the law that prevent women fromworking at night because women prevail in a number ofindustries in the zones (see Section 6.e.). Workers and somegovernment officials criticized working conditions in the EPZ'sin 1994. c. Prohibition of Forced or Compulsory LaborThe Constitution proscribes slavery, servitude, and forcedlabor. However, under the Chiefs' Authority Act, localofficials may require people to perform community services inan emergency. This practice did not occur in 1994. TheInternational Labor Organization (ILO) Committee of Experts hasfound these and other provisions of Kenyan law to contraveneILO Conventions 29 and 105 concerning forced labor but notedthe Government's efforts to review the Chiefs' Authority Act. d. Minimum Age for Employment of ChildrenThe Employment Act of 1976 makes the employment in industry ofchildren under the age of 16 illegal. This Act applies neitherto the agricultural sector, where about 70 percent of the laborforce is employed, nor to children serving as apprentices underthe terms of the Industrial Training Act. Ministry of Laborofficers nominally enforce the minimum age statute. Childrenoften work as domestics in private homes (including those ofrelatives), in the informal sector, and in family businessesand farms (see Section 5). Given the high levels of adultunemployment and underemployment, the employment of children inthe formal industrial wage sector in violation of theEmployment Act is not a significant problem. e. Acceptable Conditions of WorkThe legal minimum wage for blue-collar workers in the wagesector varies by location, age and skills, with 12 separatescales. After a modest May wage increase and considerableappreciation of the Kenya shilling (ksh) against the dollar,the lowest minimum wages were $37.80 (ksh 1,700) in urban areasand $21.22 (ksh 955) in rural areas. Workers in someenterprises claimed that employers force them to work extrahours with no overtime pay. Prices for some basic commoditiesdeclined in mid-1994, but because of rampant inflation theminimum wage was still insufficient to support a family. Mostworkers relied on second jobs, subsistence farming, or theextended family for additional support.The Regulation of Wages and Conditions of Employment Act limitsthe normal workweek to 52 hours, although some categories ofworkers have a shorter workweek. Nighttime employees, however,may be employed for up to 60 hours a week. As is the case withrespect to minimum age limitations, the Act specificallyexcludes agricultural workers from its purview. An employee inthe nonagricultural sector is entitled to 1 rest day in aweek. There are also provisions for 1 month of annual leaveand sick leave. Kenyan law provides that the total hoursworked (i.e., regular time plus overtime) in any 2-week periodfor night workers may not exceed 144 hours; the limit is 120hours for other workers. The Ministry of Labor is tasked withenforcing these regulations and reports of violations are few.The Factories Act of 1951 sets forth detailed health and safetystandards; the Act was amended in 1990 to encompass theagriculture, service, and government sectors. The Minister ofLabor is responsible for enforcement of health and safetyprovisions of the Factories Act. The 65 health and safetyinspectors attached to the Ministry of Labor's Directorate ofOccupational Health and Safety Services have the authority toinspect factories and work sites. As a result of the 1990amendments, the Directorate's inspectors may now issue noticesenjoining employers from practices or activities which involvea risk of serious personal injuries. Previously, onlymagistrates were vested with this authority. Such notices maybe appealed to the Factories Appeals Court, a body of fourmembers, one of whom must be a High Court judge. In 1994 theDirectorate's factory inspections maintained their level, whichhad increased dramatically in 1993. Work-related accidents andillnesses declined slightly.</text>
</content>
<name> </name>
<script></script>
</card>
card_38182.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: KENYA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995remained in camps.In October President Moi instructed the Rift Valley ProvincialCommissioner to resettle displaced persons resident in camps inMaela. However, local administrators proved unable orunwilling to carry out these presidential instructions asintended. They actually resettled over 200 families (out of3,000), who, once relocated to unproductive farm land, were notgiven resettlement assistance. On December 24, the Governmentdismantled the Maela camps and razed the shelters without priornotice and without the cooperation of UNDP. It forciblyresettled hundreds of refugees to areas outside Maela who wereleft to fend for themselves. The Government had restrictedUNDP and NGO's from entering Maela and participating in theresettlement process. At year's end, the status of thedisplaced remained uncertain.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of expression and thepress and outlaws discrimination on the grounds of politicalopinion. Nonetheless, there are restrictions on the exerciseof free speech. Freedom of speech is often breached bysecurity forces and undercut by broad interpretations ofantiquated sedition and libel laws. In his May 31 pledge toreconsider subversion and incitement cases, the AttorneyGeneral cautioned that words or actions critical of thePresident or that could alarm the public or disturb the peacewere illegal. The Government has used these provisos as abasis for denying opposition parties the right to free speech.Similarly, it arrested several opposition leaders on the chargethat their critical commentary about the Government wasinciteful. Despite these forms of government obstruction, thepolitical opposition and human rights groups continued topresent their views to the public.Radio is the medium through which most Kenyans get their news.The Government controls the single radio station and itsaffiliate television station, the Kenyan BroadcastingCorporation, which produces both television and radio news.They typically avoid stories critical of the Government, give alarge share of news time to government or ruling partyfunctions, and neglect to give anything approaching equalcoverage to opposition activities. The ruling party owns asecond television station, the Kenya Television Network, and agovernment supporter owns a new cable television station. TheInformation Minister announced in late December that theGovernment would not license any new radio and televisionstations in the near future, even if the Attorney General'sTask Force on the Press, which is expected to submit its finalreport by mid-1995, recommended radio liberalization.The print media include three daily newspapers that provideextensive coverage of national politics. Two dailies, theNation and the Standard, cover political issues and printarticles critical of government policies, though at least oneformer editor has charged that the papers are under pressure toself-censor. The third daily newspaper, the Kenya Times, moreoften reflects the views of the ruling party. Weeklynewspapers and magazines, many of which take a more stridenttone in their criticism of the Government, also havesubstantial audiences.The printed press remained vibrant and independent, andgovernment harassment of the press decreased noticeably aftermidyear. However, in attempts to silence its critics, theGovernment arrested 18 journalists in 1994 and fined orincarcerated them for violating antiquated libel and seditionlaws. In the year's most notable case, the Court of Appeal inJune found Bedan Mbugua, the editor in chief of the weeklynewspaper, the People; David Makali, a People reporter; thepublishing company; and human rights attorney G.B.M. Kariukiguilty of contempt of court. The contempt charges arose froman article in The People that quoted Kariuki's criticism of thesame Court of Appeal's decision in a case involving theUniversities Academic Staff Union (see Section 6.a.). TheCourt fined Kariuki approximately $10,000, fined Bedan andMbugua each roughly twice that amount, and required them topublish apologies. When Mbugua and Makali refused toapologize, the Commissioner of Prisons elected to send them toa maximum security prison for 5 and 4 months, respectively.The authorities released Mbugua after serving 3 months and 20days, 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 "AnimalFarm" and a number of works by emigre Kenyan author Ngugi WaThiong'o. On January 13, a truckload of armed policemen raidedColorprint Limited, a Nairobi publisher, and impounded 15,000copies of "Kenya: Return to Reason," a book by the chairman ofthe FORD-Asili (FORD-A) opposition party, Kenneth Matiba. Thefollowing day, the Government announced that the book was a"prohibited publication." In November the authorities arresteda Nairobi businessman on a sedition charge for possessing abooklet entitled "Patriotic Voices." At year's end, theAttorney General had not given his consent to begin prosecution.In August the Government withdrew sedition charges against fourjournalists from the Standard newspaper. It had accused thefour of publishing a seditious story in March about ethnicclashes in the Rift Valley security zone of Molo--a story thatwas later proven untrue.In 1994 the Government streamlined procedures for accreditingrepresentatives of the international media, who by and largeoperated unfettered in Kenya.In previous years, the Government pressured university studentsand faculty to support the ruling party, but since theprofessors' strike closed down institutions of higher learningfor the better part of the year, the degree of academic freedomwas difficult to gauge. The authorities fired 26 professorsbecause of their participation in the walkout, and in March theCourt of Appeal upheld the firings, effectively denying theprofessors tenure. Police posted on university campusesmonitored student and faculty activities. On severaloccasions, police peaceably dispersed gatherings of professorson university grounds but used force to disrupt studentassemblies (see Section 1.d.). b. Freedom of Peaceful Assembly and AssociationFreedom of assembly is provided for in the Constitution, but isseriously limited by the Public Order Act, which gives theauthorities power to control public gatherings. The Actprohibits unlicensed meetings of 10 or more persons withoutapproval from the district commissioner. In theory the lawdoes not apply to persons meeting for "social, cultural,charitable, recreational, religious, professional, commercial,or industrial purposes." In practice, meetings under almostall categories fall under the jurisdiction of the Public OrderAct.Throughout 1994, but particularly in the early part of theyear, the Government restricted the right of peaceful assemblyby refusing to register meetings. Between January and May, itrefused the FORD-K opposition party permits for public ralliessix times and also disallowed gatherings planned bynonpolitical organizations. In March the district commissionerrefused the NCCK a permit for a seminar regarding start-upbusiness loans for community development projects.The Government also frequently broke up both licensed andunlicensed meetings. On March 27, administrative police firedinto the air and used tear gas to disperse people gathered fora free eye clinic, just as opposition M.P. George Nyanja beganto address the crowd. The parliamentarian had obtained apermit for the gathering, but an officer on the scene announcedthat the provincial administration had withdrawn the permit,rendering the assembly unlawful.Armed police dispersed 400 people attending a seminar hosted bythe FORD-A party at the Limuru conference and training centeron April 23. Police entered the conference center's dininghall while the participants were at breakfast and ordered themto leave the premises immediately. When arguments ensuedbetween the police and the FORD-A leaders, the police used teargas to scatter the crowd.The authorities were no less forceful in preventing oppositionleaders from publicly meeting their constituents. On April 4,antiriot police stopped seven FORD-K parliamentarians fromaddressing a large crowd in Homa Bay, forcing them to leave thetown at gunpoint. When James Orengo, the party's first vicechairman, then attempted to walk back through the town, he wasblocked by police and forced into his car. Later in the day,police again dispersed crowds in the Rangwe and Ndhiwatownships before the seven parliamentarians had an opportunityto address them.In late May, several government officials, including theMinister for Education and the Rift Valley ProvincialCommissioner, announced that the Government would be moreforthcoming on permits for public assemblies. The Governmentaccordingly licensed a united opposition public meeting held inNairobi in early June. Individual opposition parties alsoconducted campaign rallies prior to the June 27 parliamentaryby-elections without government interference.The Societies Act governs freedom of association; it statesthat every association must be registered or exempted fromregistration by the Registrar of Societies. Ten politicalparties are currently registered under this statute: KANU,FORD-K, FORD-A, the Democratic Party, the Social DemocraticParty, the Kenya National Democratic Alliance, the KenyaNational Congress, Labor Party Democracy, the Kenya SocialCongress, and the Party of Independent Candidates of Kenya.The Government has refused to register the Islamic Party ofKenya (IPK), even though the Societies Act nowhere prohibitsreligion-based parties. The Attorney General has argued thatregistering sectarian parties would contradict the spirit ofthe Act, which proscribes organizations "incompatible withpeace, welfare, or good order in Kenya." A secretiveorganization known as the Mau Mau Posterity Party, which claimsresponsibility for anti-Asian propaganda in Kenya's urbancenters, has not attempted registration. c. Freedom of ReligionKenya has no state religion, and the Constitution acknowledgesfreedom of worship. The Government generally does not infringeupon religious activities, except to require registration bynew churches. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationBy law, citizens may travel freely within the country.However, ethnic clashes and the establishment of security zonesrestricted the ability of many Kenyans to travel, particularlyto those parts of the Rift Valley most affected by the violence.The Government does not generally prohibit emigration of itscitizens and, in contrast to previous years, did not preventtravel abroad by its critics in 1994. The Government does notregard provision of passports to its citizens as a right andreserves the authority to issue or deny passports at itsdiscretion.There are 240,000 refugees, mostly from Somalia and Sudanliving in camps and 100,000 living outside the camps in citiesand rural areas. Somalis account for about 80 percent of thetotal refugee population. Kenya has accepted most asylumseekers, though sometimes entry is delayed. None of theserefugees has been granted legal permanent residence status.Following a series of formal warnings, in July the Governmentgave the United Nations High Commissioner for Refugees (UNHCR)3 days' notice to close a large refugee camp near a touristarea in Mombasa. Although the Government did not followthrough with its demand, official pressure to close the campremained strong at year's end. The UNHCR accepted in principlethe Government's right to close the camp.According to Africa Watch and the UNHCR, there continued to becredible reports by UNHCR and other relief agencies of rapes ofSomali refugee women in the North Eastern province. Unlike1993, when most of the rapes took place inside the confines ofthe camps, those reported in 1994 took place outside thecamps. They have been directed mostly at young girls herdinggoats or collecting firewood. Most of the rape incidents arebelieved to be committed by other refugees or bandits operatingoutside the camps. The incidence of rape decreaseddramatically in 1994, from an average of 27 down to 9 permonth, after the UNHCR increased assistance to the women andimproved security in the camps. The Government, initiallystung by allegations of government security involvement and ofnot taking the issue seriously, arrested two individuals in thecamp identified by the victims.Refugees living outside the camps are vulnerable to arrest, andthose who purchase false identification documents and visas putthemselves even further at risk. In August the police raidedSomali communities in an effort to ferret out "illegalaliens." There were credible reports that Somali refugees, aswell as ethnically Somali Kenyans, were targets for extortionand that some were arrested following these sweeps.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentKenyan citizens have the legal right to change their governmentthrough free and fair elections, but their ability to do so hasyet to be demonstrated fully. The presidential andparliamentary elections of 1992 were marked by violence,intimidation, fraud, and other irregularities, but oppositioncandidates nevertheless won 63 percent of the vote. Diplomaticobservers viewed the 10 by-elections held in 1994 as generallyfree and fair, despite minor irregularities.However, the Government continued to harass and intimidate thepolitical opposition. The President exercises sweeping powersover the local political structure as well as the NationalAssembly, and the KANU party he heads controlled 118 out of the200 National Assembly seats. The President appoints both thepowerful provincial and district commissioners, as well as amultitude of district and village officials. At the districtand village level, these political appointees are responsiblefor security as well as the disbursement of federal developmentfunds.At the national level, the Constitution authorizes thePresident to dissolve the legislature and prohibits Assemblydebate on issues under consideration by the courts. This law,in conjunction with the Speaker of the Assembly's ruling thatthe subject of the President's conduct is inappropriate forparliamentary debate, has severely limited the scope ofdeliberation on many controversial political issues. M.P.'sare entitled to introduce legislation, but in practice it isthe Attorney General who does so. As the head of KANU, thePresident also influences the legislative agenda. He alsobolstered KANU's majority by acting on his constitutionalauthority to appoint 12 M.P.'s.Three opposition parties--the DP, FORD-K, and FORD-A--hold themajority of the opposition's 82 seats. KANU used a variety ofpressure 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 aresult, there were 10 by-elections, including 2 forced by thedeath of two M.P.'s. During the seven by-elections held inJune, there were credible reports that government and KANUofficials bribed voters, purchased voter cards, and forciblyremoved an election observer from a polling station. Therewere also violent incidents at public rallies prior to the Juneelections involving both opposition and KANU supporters.Street skirmishes between supporters of contending parties alsobroke out on the day of two by-elections in October. A U.S.Embassy observer witnessed an assault in front of a pollingstation on a FORD-A candidate, who was later hospitalized. Theassailant, who struck the candidate to the ground with repeatedblows as armed police looked on, came to the polling station ina convoy of vehicles escorting the KANU Secretary General.Following the announcement of the October election results, inwhich two opposition candidates won parliamentary seats, fightserupted 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 nullifyopposition victories in two 1992 parliamentary elections. TheCourt overturned the results of one election because theopposition winner had allegedly administered tribal oaths tosupporters, although the decision was based on contradictorytestimony given by witch doctors.Merus, Kalenjins, Kisiis, Luhyas, Kambas, Taitas, Luos,Giriamas, Maasai, Kikuyus, Pokot, and Embus are represented inthe President's Cabinet. However, the President is widelyreputed to rely on an inner circle of advisers drawn mostlyfrom his Kalenjin tribe.Although there are no legal restrictions on the participationof women or minorities in politics, the role of women in thepolitical process nonetheless remains circumscribed bytraditional attitudes. In 1994 there were six female M.P.'s,no female cabinet ministers, and one female assistantminister. Within the political opposition, women figure mostsignificantly in the Democratic Party, where 25 percent of theparty's national office holders are women.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsKenya has several well-organized and vocal human rightsorganizations. Two groups, the Kenya Human Rights Commission(KHRC) and Release Political Prisoners (RPP), are particularlyactive and publish regular reports that are often critical ofthe Government's human rights record. The Institute forEducation in Democracy continues to monitor parliamentaryby-elections with generally good cooperation from the ElectoralCommission. Legal organizations, such as the Public LawInstitute, the Kenya Law Society, the International Commissionof Jurists, and the International Federation of Women Lawyers,also cover human rights issues, and a large pool of Kenyanattorneys handle pro bono cases for defendants and serve as aninformal source of human rights information.President Moi continued to criticize the activities of bothdomestic and international human rights NGO's, and theGovernment targeted several of them for harassment in 1994.After the KHRC sent a letter to President Clinton urgingrevocation of Kenya's trade privileges because of theGovernment's refusal to register the University Professors'Union, President Moi branded the letter as "treasonous."Authorities also intercepted KHRC mail (see Section 1.f.) anddetained persons participating in KHRC demonstrations. InSeptember Nakuru police arrested 12 RPP members attending thetrial of Koigi Wa Wamwere and held them incommunicado forseveral days. When another RPP member visited policeheadquarters to inquire about his colleagues, he too was put inincommunicado detention. The entire group was eventuallyreleased without charge.In contrast, human rights organizations have been successful inefforts to cooperate with government officials on issues likedomestic violence. In September a government-sponsored humanrights monitoring group hosted a representative from theKennedy Center for Human Rights, and the Kenyan Embassy in theUnited States issued visas to representatives of severalU.S.-based human rights organizations interested in travelingto Kenya.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution prohibits discrimination on the basis of aperson's "race, tribe, place of origin or residence or otherlocal connection, political opinions, color, creed." WomenThe Constitution does not specifically address discriminationbased on gender, and women continue to face both legal and defacto discrimination on several fronts. For example, womencannot legally work at night, which disadvantages femaleemployees in hotels, homes, and industries in the exportprocessing zones. According to Kenyan pension law, a widowloses her work pension upon remarriage, whereas a man doesnot. When men and women perform comparable jobs, men oftenreceive 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 slowlythan 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 thecourts. Women are often excluded from extralegal inheritancesettlements or are given smaller shares than male claimants.In a widely publicized trial that focused national attention onfemale inheritance rights, the mother of a recently deceasedOlympic boxing hero lost her bid to inherit her son'sprofessional earnings.Societal discrimination is most apparent in rural areas, wherewomen account for 75 percent of the agricultural work force.Rural families are more reluctant to invest in educating girlsthan in educating boys, especially at the higher levels. Thenumber of boys and girls in school are roughly equal at theprimary and secondary levels, but men outnumber women almosttwo to one in higher education, and literate men significantlyoutnumber literate women.Violence against women is a serious and widespread problem.Police statistics released in 1994 showed that in 1992 therewere 454 cases of rape, 136 cases of attempted rape, 343 casesof indecent assault, 407 cases of defilement (e.g., childmolestation), and 14 cases of incest. These statistics areprobably underreported, however, since social mores deter womenfrom going outside their clan or ethnic groups to report sexualabuse. The Government has condemned violence against women,and the law carries penalties up to life imprisonment forrape. Still, the rate of prosecution remains low because ofcultural inhibitions against discussing sex, the fear ofretribution, the disinclination of police to intervene indomestic disputes, and the unavailability of doctors who mightotherwise provide the necessary evidence for conviction.Furthermore, traditional culture permits a man to disciplinehis wife by physical means and is ambivalent about theseriousness of rape. Organizations concerned with women'srights charge that the Government is often apathetic andflippant about women's issues. The Attorney General remarkedin April that a woman could not claim rape against her husbandunder current laws. ChildrenEconomic displacement, a high population growth rate, and theethnic clashes have resulted in a large number of homelessstreet children. Media reports place the number of suchchildren nationwide in the tens of thousands, and theGovernment estimates that their number is growing at an annualrate of 10 percent. According to the Attorney General's TaskForce, these children are typically involved in theft, drugrunning, assault, trespassing, defilement, and property damage,and there have been credible reports that the police havetreated these children inhumanely (see Section 1.a.).The May report of the Task Force on Children recommended bothprogrammatic and legal measures to safeguard the rights ofchildren. A variety of proposed legal remedies areincorporated in a new law prospectively called the Children'sAct. However, the Attorney General had not presented the draftbill in Parliament by year's end.Despite the Government's stated opposition, female genitalmutilation (FGM) remains widespread, particularly among Kenya'snomadic peoples. It is usually performed at an early age andhas been condemned by international health experts as damagingto both physical and mental health. Neither the Government norwomen's groups have reliable information about the extent ofthe practice, but according to rough estimates the percentageof females who have undergone this procedure may be as high as50 percent. The Task Force on Children has recommendedoutlawing this practice, as it endangers the "the survival,safety, and development" of the child. National/Racial/Ethnic MinoritiesAccording to the 1989 government census, whose figures werereleased 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 thenext largest, each making up over 11 percent of the population.The Government continued to discriminate against Rift ValleyKikuyus. According to the Kenya Human Rights Commission,provincial authorities have denied national identificationcards to a substantial number of Kikuyu youths, even thoughthey and most of their parents have been born and raised in theRift Valley. Without identification cards these youths cannotmarry, attend universities, obtain employment, or register tovote. In addition, the Minister for Local Government, WilliamOle Ntimama, reiterated this year that Kikuyus displaced fromEnosupukia by the ethnic clashes would not be allowed toreturn. In various newspaper interviews, Ntimama characterizedthe land titles held by displaced Kikuyus as illegally acquireddocuments.Asians, or Kenyans of sub-continent descent, have also beentargets of official and societal prejudice. The secretarygeneral of the FORD-A opposition party, Martin Shikuku,announced at a public rally in August that he would kick Asiansout of the country if he were chosen president. Anti-Asianleaflets, supposedly authored by a group called the Mau MauPosterity (see Section 2.b.), also circulated in Kenya's urbancenters. The leaflets reflect a general sense of resentmentamong Kenyan Africans toward the Asian community, which is moreaffluent and reluctant to assimilate African culture. AnIndian police reservist's alleged involvement in the shootingdeath of an African street child in August inflamed thesepreexisting racial tensions.The Government singled out ethnic Somalis as the only ethnicgroup in Kenya required to carry an additional form ofidentification proving that they are Kenyan citizens. EthnicSomalis, who are overwhelmingly Muslim, must still produce upondemand their Kenyan identification card and a secondidentification card verifying "screening." Both cards are alsorequired in order to apply for a passport. In August thepolice made sweeps through two known Somali communities inNairobi, ostensibly in search of illegal aliens. They arrestedmany Somali Kenyans during these sweeps. The presence of largenumbers of Somali refugees in Kenya has exacerbated theproblems faced by Kenyan Somalis. People with DisabilitiesGovernment policies do not discriminate against people withdisabilities in employment, education, or other stateservices. There is no mandated provision of accessibility forthe disabled to public buildings or transportation.</text>
</content>
<name> </name>
<script></script>
</card>
card_38132.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: KENYA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 KENYAAfter 9 years as a single-party state led by the Kenya AfricaNational Union (KANU), a 1991 constitutional amendment restoredmultiparty democracy. However, President Daniel Arap Moi andhis KANU party continued to dominate the political process. Inaddition to his role as President, Moi also heads the military,university, civil service, and provincial, district, and localgovernance systems. KANU controls a majority of the NationalAssembly's 200 seats.The large internal security apparatus includes the policeCriminal Investigation Department (CID), the paramilitaryGeneral Services Unit (GSU), and the Directorate of Securityand Intelligence (DSI). The CID and DSI investigate criminalactivity and also monitor persons the State considerssubversive. The internal security apparatus committed abusesagainst suspected criminals (including street children) andcontinued to harass opposition politicians and critics of theGovernment. City council security officers, known as"Askaris," also committed abuses against licensed vendors.The economy includes a well-developed private sector in tradeand light manufacturing as well as a strong agricultural sectorthat provides food for local consumption and substantialexports of coffee, tea, and other commodities. Tourismremained the top foreign exchange earner. The 1993 economicreform program has slowed inflation and expanded trade, whileprice controls have been eliminated, and the official exchangerate has aligned with the free market rate. Future challengesto the country's continued improvement are privatization ofstate-owned enterprises and civil service reform. Although thepopulation growth rate declined from 3.7 percent to 2.9 percentbetween 1989 and 1993, unemployment remains high at about 22percent.The Government took some steps to improve its human rightspractices in 1994. Nevertheless, serious human rights problemspersisted. In June the Attorney General withdrew most chargesagainst opposition leaders facing trials. However, theGovernment continued to intimidate and harass those opposed togovernment/KANU policies and regularly interfered with manycivil liberties--notably freedoms of speech, press, assembly,and association--in attempts to silence critics. Securityforces continued to arrest and detain temporarily oppositionparliamentarians and journalists, harassed voters in severalby-elections, broke up lawful public gatherings, and floutedinternational labor covenants by quashing attempts by doctorsand university professors to form unions. During the year, thePolice Commissioner acknowledged problems of police brutalityand domestic violence, both of which remained serious problems.Ethnic violence in the Rift Valley decreased considerably overthe past year, following the Government's establishment ofsecurity zones. Nevertheless, questions remain about theGovernment's and KANU's roles in fomenting the violence. Afterinitially cooperating with international relief organizationsto resettle displaced victims of the ethnic violence, late inthe year the Government forcibly relocated approximately 2,000Maela camp residents, calling into question the Government'scommitment to work cooperatively to resettle the displaced.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political killings by governmentsecurity forces. However, in a case with political undertones,approximately 45 unidentified assailants raided the home ofopposition parliamentarian Peter Anyang Nyong'o on March 4 andmurdered Nyong'o's uncle. Nyong'o issued a press statementimplicating the Government in the raid and was subsequentlytemporarily detained by police. At year's end, five suspectsarrested in connection with the attack were in custody awaitinga trial date. Six persons were killed in postelectionviolence, although there is no evidence that either theGovernment or the opposition parties were responsible (seeSection 3).Substantial evidence dating from 1991 indicates that high-levelgovernment officials were complicit in instigating andpromoting the ethnic clashes, which had as of year's endclaimed over 1,000 lives and displaced 250,000 people (seeSection 1.g.).On July 29, the High Court acquitted Jonah Anguka, the formerRift Valley provincial commissioner, who had been accused ofkilling Foreign Minister Robert Ouko in 1990. Althoughpresidential confidant Nicholas Biwott had been named as aprincipal suspect, the Attorney General claimed that there wasinsufficient evidence to try him. (The other principalsuspect, Hezekiah Oyugi, died of natural causes in 1992.) TheAttorney General also ruled out attempts by oppositionpoliticians to investigate the murder privately, asserting thatonly he was constitutionally empowered to initiate suchproceedings.Kenyan police used excessive lethal force on several occasionsin attempts to apprehend criminal suspects. In a widelypublicized case in August, a police reservist reportedly shotand killed a homeless child for attempting to steal a carmirror. After several protests and calls for an inquiry intothe incident, the authorities charged the reservist with murderbut had not brought him to trial by year's end. Policereservists have also been implicated in the deaths of fiveother street children. While most prison deaths stemmed fromdisease and lack of medical care, there was at least one deathas a result of police brutality. Charles Ireri Njeru, arrestedMarch 29 in Karaba on suspicion of theft, died the followingday in police custody. The postmortem report indicated that hehad died from multiple injuries caused by a blunt object. Theauthorities arrested two Karaba constables, charged them withNjeru's murder, and issued a warrant of arrest for a thirdconstable who remained at large.In late December, the Government had still not made anaccounting for the death of Jackson Mutonye Ndegwa, who wasarrested November 2, 1993, after an alleged raid on the Ndeiyachief's camp, an arsenal near Nairobi. The police reported hedied the following morning of injuries sustained during thearrest, although there were credible reports that the policehad interrogated him the previous night. At year's end, theinvestigation was ongoing.The Government still has not taken any steps to punish thoseresponsible for the September 1993 beating death of the nephewof Central Organization of Trade Unions' Secretary GeneralJoseph Mugalla.Mob violence remained a serious problem in 1994, although thereare no statistics available on the number of deaths. TheGovernment condemned the practice but has taken no action toaddress the problem, as it treats such incidents as individualcases of murder. b. DisappearanceThe only alleged disappearance concerned an Islamic Party ofKenya (IPK) activist, Mohammed Wekesa, who was arrested inAugust with two other persons in connection with disturbancesin Mombasa. Although Wekesa was supposedly released, he hasnot been seen since his arrest. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentDespite constitutional provisions and the Police Commissioner'sJune announcement that torture was prohibited and would not betolerated, there continued to be credible reports that thepolice and security forces resorted to torture and brutality.Security forces also used severe methods to break up bothlicensed and unlicensed public assemblies.In particular, police targeted for abuse those connected withKoigi Wa Wamwere, the former parliamentarian on trial for hisalleged raid on the Bahati police station in Nakuru in November1993. In July Nakuru police arrested Wamwere's cousin,Geoffrey Kuria Kariuki, on theft charges and beat himunconscious with rifle butts, batons, and kicks. Relatives whoglimpsed Kariuki during his subsequent 10-day incommunicadoconfinement reported that he had swollen lips, a swollen lefteye, and a deep wound on the right side of his forehead.Police arrested two other associates of Wamwere, Michael Kunguand John Kinyanjui, on the same night as Kariuki and likewisebattered them. According to the Kenya Human Rights Commission,Kungu urinated blood for 2 days as a result of his beating. Atyear's end, no action had been taken to punish the officersresponsible for the beatings.The Government had also taken no disciplinary measures againstpolicemen responsible for the abuse of those arrested inconnection with Koigi Wa Wamwere's alleged police stationraid. (Eleven of the original 15 suspects have been cleared ofall charges.) The injuries sustained by the suspects includedopen and infected wounds, swelling and bruising at the knee andankle joints, and bleeding from under the toenails. OnNovember 20, 1993, police arrested the physician who examinedthe suspects, searched his office, and detained him for 3days. In response to diplomatic inquiries, the Governmentexpressed dissatisfaction with the police officers' explanationof the matter and promised an investigation, but by lateDecember had provided no information about the results, if any.Similar diplomatic inquiries were made in the case of sixsuspects whom police tortured following an alleged raid on theNdeiya chief's camp in September 1993. One of the "NdeiyaSix," David Njenga Ngugi, reportedly had his genitals prickedwith a pin and a toenail removed with pliers. On June 10,Nairobi senior principal magistrate Onesmus Githingi acquittedthe six suspects and directed the Commissioner of Police,Shadrack Kiruki, to take action against the police officers whotortured them. However, at year's end no officers had beendisciplined. Moreover, in what appears to have been a punitivemeasure, magistrate Githingi was transferred in September fromNairobi to a small rural court in Kituyi.Police continued to disperse public assemblies brutally.According to the Kenyan Human Rights Commission, while breakingup a University of Nairobi gathering on February 2, policeforced one student to jump from a window by throwing a gascanister into his room. In February police injured severalstudents while attempting to disband student meetings insupport of the professors' strike. The authorities took noaction to punish offending police officers.There were also reliable reports of police violence againstwomen. When the League of Women Voters attempted to hold aseminar on June 18 in Kirinyaga, approximately 100 armed policechased participants from the venue by beating them with clubs.In January about 200 women accused police of harassment andrape when officers conducted a house-to-house search forbandits in Wajir. In a gender violence workshop hosted by theFederation of Women Lawyers (FIDA) in September, PoliceCommissioner Kiruki pledged to work with women's groups likeFIDA and to implement guidelines for the treatment of women bypolice. However, at year's end, the police had not yet takenany specific action to implement any such guidelines.Conditions in prisons are life-threatening, due in part to lackof resources and in part to the Government's unwillingness toaddress deficiencies in the penal system. Both male and femaleprisoners are subjected to sexual abuse, severe overcrowding, apoor diet, inadequate health care, substandard beddingmaterials, and flooded or unheated cells. There were severalhundred deaths in prison in 1994, most of which stemmed fromdisease. Kenyan prisons do not have resident doctors, and onlyone prison had a doctor permanently assigned to it. Kenya's 78prisons hold approximately 51,000 prisoners, 12,000 of whom areawaiting trial. Rape is a serious problem for both men and themore than 3,000 women in prison. d. Arbitrary Arrest, Detention, or ExileThe Constitution provides that most persons arrested ordetained shall be brought before a court "as soon as isreasonably practicable," which would be within 24 hours of thearrest or from the start of detention. However, this statutedoes not apply to those detained under the Preservation ofPublic Security Act (PPSA).The Constitution was amended in 1988 to allow the police tohold persons suspected of capital offenses for 14 days beforecharging them in court. Capital offenses include such crimesas murder and treason. A 1993 amendment to the Penal Codeexcludes weekends and holidays from this 14-day period,potentially a significant increase in the time prisoners can beheld without charge. In practice, suspects are sometimes heldincommunicado for 2 to 3 weeks before being brought before acourt. Persons arrested and charged are usually allowed accessto their family and attorney promptly. However, only familymembers and attorneys may visit detainees at the discretion ofthe State. For those who have been charged, it is oftenpossible to be released on bail with a bond or guarantees ofreturn. 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 Actempowers local officials, called "chiefs," to arrestindividuals and to restrict a person's movement without trial.(The Chief's Act was not formally invoked in 1994 to detainanyone, but chiefs occasionally cite the Act to take suspectedcriminals to the police. Under the Act, chiefs are technicallynot supposed to detain anyone for more than 12 hours.)The PPSA, on the other hand, allows the State to detain aperson indefinitely without charges or trial upon adetermination that it is necessary for the "preservation ofpublic security." This includes "prevention and suppression ofrebellion, mutiny, violence, intimidation, disorder and crime,unlawful attempts and conspiracies to overthrow the Governmentor the Constitution," and several other grounds. No personswere detained under the PPSA in 1994.In July 1993, the Attorney General created 11 task forces toreview various sections of the Constitution. In July 1994, theTask Force on the Reform of Penal Laws and Procedures formallyproposed that statutes relating to criminal investigation,arrest, detention, questioning, charge, and bail bereexamined. The Task Force is expected to submit its finalreport by December 1995.Although the Government held no political detainees at year'send, the police continued to detain arbitrarily politicians,human rights advocates, journalists, and others who werecritical of the Government. In most instances, the police heldthe detainees for several hours and then released them withoutformally charging them.In August police detained the Vice Chairman of the FORD-Kenya(FORD-K) opposition party, James Orengo, for 7 hours at theKisumu police station after he made public statementsimplicating Nicholas Biwott in the 1990 murder of ForeignMinister Ouko. In June police also detained oppositionparliamentarians Martha Karua and Allan Njeru and PresbyterianBishop David Gitari for 2 hours after disrupting the FIDAseminar they were attending in Kirinyaga (see Section 1.c.).In September police held Kenyan Human Rights Commissionexecutive director Maina Kiai, opposition parliamentarian JohnWanyange, and 10 others for 6 hours without charge at theNaivasha police station for attempting to demonstrate againstthe denial of national identification cards to young RiftValley Kikuyus.Government security forces continued to arrest and harassopposition Members of Parliament (M.P.'s), most often chargingthem with some variation of subversion or holding an unlicensedmeeting. The authorities arrested and formally charged a totalof 15 opposition M.P.'s in 1994, as opposed to 36 in 1993.Police arrested FORD-K M.P.'s Mukhisa Kituyi and Musikari Komboin April after they brought relief supplies to a Rift Valleydisplaced persons camp. The Government characterized the tripas an unlicensed meeting in which they "uttered wordscalculated to incite the public against the President." InApril police arrested opposition M.P. Joseph Mulusya while hewas socializing with friends and charged him with participatingin an unlawful meeting. In June the Attorney General rescindedcharges of sedition and subversion against 13 of the arrestedM.P.'s. However, in doing so he warned M.P.'s againstslandering the President in their public remarks. Two M.P.'s,Stephen Ndichu and Kamuiru Gitau, still had cases outstandingat year's end.The police also arrested more than 400 residents of Nakuruduring periodic arbitrary sweeps. On February 18, policearrested more than 200 young men and women at a bus park in thecity. They faced charges of walking in a suspicious manner,hawking, shouting to attract passengers, entering into avolatile area, and having no national identity cards. Then inMay, Nakuru police arrested approximately 200 street salesmenin the city center. A police source later said that theft hadbeen increasing and that the arrests were intended to rid thetown of suspects.The Government does not use exile as a means of politicalcontrol, but in December the Government effectively expatriatedSheik Khalid Balala, a former leader of the Islamic Party ofKenya (IPK), when Kenyan Embassy officials in Bonn rejectedBalala's application for a passport extension. In 1994 theGovernment also deported a number of foreigners forquestionable reasons. In June it deported Dr. Dorothee VonBrentano, the Friedrich Naumann Foundation development agencyrepresentative, after she authorized funding for a politicalopposition party. In July the Government deported Australiantraining editor John Lawrence after he edited a compilation ofcritical social commentary that ran in the Nation newspaper. e. Denial of Fair Public TrialThe court system consists of a Court of Appeals, a High Court,and two levels of magistrates' courts where most criminal andcivil cases originate. Judges hear all cases; there is no jurysystem. Customary law is used as a guide in civil mattersaffecting persons of the same ethnic group as long as it doesnot conflict with statutory law. In 1989 High Court JusticeNorbury Dugdale ruled that the courts have no power to enforcethe "Bill of Rights," which is part of the Constitution. Inspite of legal challenges that the ruling effectively subsumesthe judiciary under the executive branch, his decision has notbeen overruled.Civilians are tried in civilian courts, and trials are public,although some testimony may be held in secret. There is apresumption of innocence, and defendants have the right toattend their trial, to confront witnesses, and to presentwitnesses and evidence.Defendants do not have a right to government-provided legalcounsel, except in capital cases. For noncapital charges freelegal aid is usually not available outside of Nairobi. (Poorpeople who do not have an attorney are usually found guilty forlack of an articulate defense.) Although defendants generallyhave access to an attorney in advance of trial, defense lawyersdo not always have access to government-held evidence, sincethe Government can plead the state security secrets clause as abasis for withholding evidence. Military personnel are triedby courts-martial, and verdicts may be appealed. Attorneys formilitary personnel are appointed on a case by case basis by theChief Justice.Civilians generally have a right to appeal a verdict to theKenyan High Court and ultimately to the Court of Appeal.However, these rights were effectively denied in a caseinvolving Bedan Mbugua and David Makali, the editor andreporter of The People newspaper, and attorney G.B.M. Kariuki(see Section 2.a.). In May the three were arraigned oncontempt charges after the two journalists published a storyquoting Kariuki's criticism of a decision delivered by theCourt of Appeal. Under Kenyan law, a person must be tried bythe same court in which he is in contempt. While Kariukiagreed to pay a substantial fine, Mbugua and Makali refused andwere consequently given prison sentences of several months.The judiciary is not independent. The President has extensivepowers over appointments. He appoints the Chief Justice, theAttorney General, Court of Appeal judges, and, with the adviceof the Judicial Service Commission, High Court judges. He alsohas authority to dismiss judges and the Attorney General uponthe recommendation of a special presidentially appointedtribunal. In 1994 the Office of the President declined torenew the contracts of three High Court judges who hadpreviously made rulings against the Government.In September the government-aligned Judicial Service Commissiontransferred senior principal magistrate Onesmus Githingi out ofNairobi following his acquittal of the suspects in the "NdeiyaSix" case. Githingi had ruled that the police used torture tocoerce the confessions of the suspects, who were accused ofraiding the Ndeiya chief's camp outside Nairobi in September1993.The political trial of Koigi Wa Wamwere began in Nakuru onApril 12 and was continuing at year's end. A former M.P. fromNakuru, Wamwere has spent the better part of the past 9 yearsin police detention. He has been targeted by the Governmentbecause of his popularity among Rift Valley Kikuyus, who areconsidered political rivals of President Moi's Kalenjin tribe.The state prosecutor in the trial finished presenting his casein September without producing credible evidence tying Wamwereto the alleged attack on the Bahati police station in November1993. In November defense attorneys began to present evidencethat Wamwere was in Nairobi on the night of the alleged raidand that police tampered with evidence supposedly confiscatedfrom the crime scene. Leading human rights groups have namedKoigi Wa Wamwere and his codefendants in the "Bahati PoliceStation" case as probable political prisoners. The trialcontinues amid news that Wamwere was diagnosed in December withbleeding ulcers, which may be connected to the harsh conditionsof his confinement. (The trial of Geoffrey Kuria Kariuki andtwo other associates of Wamwere had not commenced by year'send.)There was one instance in which a case was moved to amagistrate who consistently ruled in favor of the Government.In late December, the authorities arrested several members of aKikuyu religious organization in Laikipia District for tribaloathing and later charged them in the Nakuru District Court.Contrary to previous years, there were no instances in whichthe Government prevented its critics from filing cases toobtain legal redress from harassment. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution permits searches without warrants in certaininstances "to promote the public benefit," such as in securitycases. Although security officials generally obtain judiciallyissued search warrants, at times they conduct searches withoutwarrants to apprehend suspected criminals or to seize propertybelieved to be stolen. The courts have admitted evidenceobtained without search warrants to support convictions.Security forces employ various means of surveillance, includingelectronic surveillance and a network of informers. Policeroutinely monitored the activities of political opponents andtheir associates. In a June letter to the Director of StateIntelligence, FORD-K M.P. Paul Muite complained that severalspecific vehicles with civilian license plates constantlyshadowed his movements and that of his family. Muite, who isalso the lead defense attorney in the Wamwere case, reportedthat the cars even followed him from Nairobi to the Nakurucourtroom and back again--a 4-hour trip.The Government monitored and intercepted correspondence aswell. In August the U.S.-based Robert F. Kennedy MemorialCenter for Human Rights mailed two packages to the Kenya HumanRights Commission. The local Nairobi post office refused torelease the packages, claiming that the reports were"political" and "hitting at the Government." In April policedetained and interrogated an 18-year-old student for severalhours after police intercepted a letter she had sent toopposition M.P. Paul Muite.City council security officers, or "Askaris," continued todestroy the kiosks of licensed and unlicensed vendors inseveral Kenyan cities. On February 9 and 15, Nairobi Askarisdemolished and burned a stretch of vendors' booths at theMachakos country bus terminal, destroying several thousanddollars' worth of property. On February 16, Askaris beat andarrested the chairman of the Vendors' Association when hevisited the Machakos bus terminal. Askaris also arrested andconfiscated goods from vendors at the Kisumu town center inFebruary.Although Kenyans are theoretically free to choose theirpolitical affiliation, government employees continued to bewarned to support the ruling party or be fired. In May theGovernment dismissed a permanent secretary in the Ministry ofLabor after he reportedly made contact with an opposition partymember. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsEthnic clashes that began in 1991 have killed over 1,000civilians and displaced 250,000 persons. Violent clashesinvolving several ethnic groups continued throughout the year,albeit less frequently than in 1993. International attentionhas focused on the Kikuyus whom the Maasai forcibly evictedfrom Enoosupukia in Narok district of the Rift Valley and wereliving in displaced persons camps in Maela. Victims of theviolence are largely from ethnic groups opposed to the rulingparty, particularly the Kikuyu, who comprise 21 percent of thepopulation. For example, in the first half of the year, therewere violent attacks by Maasai directed at Kikuyus in whichvillagers were murdered, houses burned, and propertyconfiscated. At year's end, tensions remained high in Molo andsites of other clashes because government efforts to promotereconciliation had not been fully successful.Serious questions remain about the Government's complicity ininstigating the violence, and on several occasions in 1994 KANUand Government officials made statements targeting particularethnic groups that led to renewed violence. Clashes occurredin March in Burnt Forest between Kalenjins and Kikuyus, in Junein Mombasa between coastal groups and Luos, and in Turkanabetween non-Turkana and Turkana. All of these followedinciteful statements made by government or KANU officials. TheGovernment took no action to disavow or punish those officialsor others who incited violence. Reports by severalorganizations, including a special parliamentary committee, theCatholic Bishops of Kenya, the National Council of Churches ofKenya (NCCK), the National Elections Monitoring Group, theKenya Human Rights Commission, the Robert F. Kennedy MemorialCenter, and Human Rights Watch/Africa placed primary blame forthe violence on the Government. Critics charge that theGovernment initially supported tribal clashes to strengthen itshold on power and to prove its assertion that multipartypolitics will not work in Kenya.In 1993 the Government announced measures to control the ethnicviolence by establishing "security zones" in areas hardest hitaround Molo, Londiani, Elgburgon, and Burnt Forest. Thesemeasures were successful in curtailing the violence.Regulations introduced in the security zones severely restrictentry and movement and grant security forces search and seizurerights within the zones. However, they also authorize securityforces to shoot to kill in cases in which there was suspicionthat a crime had occurred, such as illegal entry into thesecurity zones. The regulations also absolve government forcesfrom responsibility for death and destruction in the zones byspecifically prohibiting suits for compensation. Despite theserestrictions, there were sporadic reports of violent clasheswithin the security zones.Citing the provisions of the security zone regulations, theGovernment sought to prevent opposition M.P.'s, domestic andinternational human rights advocates, and most journalists fromentering the zones, and arrested many who did so. In early1994, the Government reluctantly allowed NGO's working underthe U.N. Development Program (UNDP) displaced persons programand a few others, including diplomatic officials, some accessto the security zones. Later in the year, the localadministration also allowed media representatives to accompanyimportant visitors and diplomats to the zones. The UNDP Roggereport, published in September, noted that the Government hadmade an effort to reduce tensions and to resettle thosedisplaced. The report estimated that 30 percent of thosedisplaced had been resettled to their villages, that 50 percentwere in various stages of return, and that another 20 percent</text>
</content>
<name>Kenya </name>
<script></script>
</card>
card_37886.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: KAZAKHSTAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusArticle 1 of the Constitution states, "Citizens of the Republicof Kazakhstan are guaranteed equality of rights and freedoms,regardless of race; nationality; sex; language; social,property, and official status; social origin; place ofresidence; attitude to religion; convictions; membership in apublic association; as well as previously incurred criminalpunishment. Any form of discrimination against citizens isforbidden." WomenThere is no legal discrimination against women, but women areseverely underrepresented in higher positions in government andstate enterprises and overrepresented in low-paying and somemenial jobs. Women are disadvantaged in promotions, but theygenerally have access to higher education.According to human rights groups, there is considerabledomestic 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 spousalabuse, considering it to be the "family's business," unlessthey believe the physical abuse is life-threatening. Themaximum sentence for wife beating is 3 years, but few suchcases are prosecuted. The Government has not specificallyaddressed the problem as one requiring new policies orgovernment actions. ChildrenThe Government is committed in principle to children's rights,but, as in many other areas, the absence of a tradition ofcivil liberties, together with budget stringencies, severelylimits its effectiveness in dealing with children's rightsissues. There is no established pattern of governmental orsocietal abuse against children. There were credible reportsof the use of child labor during harvests, particularly duringthe cotton harvest in the south (see Section 6.d.). National/Racial/Ethnic MinoritiesKazakhstan's population of about 17 million is about 44 percentKazakhs and 36 percent Russians, with Slavs and many otherethnic groups represented.The Government continued to discriminate in favor of ethnicKazakhs in employment, in government and state-controlledenterprises, as well as in education, housing, and otherareas. Although some officials are Slavs, ethnic Kazakhsincreasingly predominate in government and in higher positionsin state enterprises. The percentage of non-Kazakhs in the newSupreme Soviet increased, however, from 22 percent to 40percent. President Nazarbayev has publicly emphasized that allnationalities are welcome in Kazakhstan, but most non-Kazakhsare anxious about what they perceive as expanding preferencesfor ethnic Kazakhs. Many ethnic Kazakhs, however, believe theywere second-class citizens under Russian domination for aperiod of 200 years and that they must take affirmative actionto reverse this. Under Communist rule, Soviet authoritiesrepressed Kazakh and other minority languages and cultures, andethnic Slavs had better opportunities for advancement.Most of the population speaks Russian; only about half of theethnic Kazakhs can speak Kazakh fluently. The January 1993Constitution provides that Kazakh would be the state language,that Russian would be the language of interethniccommunication, and that there would be a transition period (theduration of which was left undefined) for the majority of thepopulation to learn Kazakh. The Government is encouraging moreeducation of children in the Kazakh language but has donelittle to provide Kazakh-language education for adults.Although still an important political issue, the economiccrisis, corruption, and the demand of many ethnic Russians fordual Kazakhstan-Russian citizenship eclipsed the issue oflanguage.At the end of 1994, Kazakhstan and Russia initialed agreementsthat established broad legal rights for the citizens of onecountry living on the territory of the other, and provided forexpeditious naturalization for citizens of one country who moveto the other. These agreements--which remain to beratified--represent a pragmatic, positive step towardresolution of the difficult issue of citizenship and may wellreduce pressure for dual citizenship. People with DisabilitiesAccording to the Constitution, citizens with disabilities areentitled to assistance from the State. As a result ofinflation, people relying on state disability benefitsexperienced severe economic hardship. There is no legaldiscrimination against people with disabilities, but inpractice employers do not give them equal consideration. TheGovernment so far has not legislated or otherwise mandatedaccessibility for the disabled. Issues affecting the disabledare low priorities in the current economic crisis.Section 6 Worker Rights a. The Right of AssociationThe 1993 Labor Code, along with the Constitution, provides forbasic workers' rights, including the right to organize and theright to strike. The law does not, however, provide mechanismsto protect workers who join independent unions from threats orharassment by enterprise management or from the state-rununions. Kazakhstan joined the International Labor Organization(ILO) in 1993, but the Supreme Soviet has not yet ratified anyILO conventions. Further, according to the new Civil Code,trade unions would be forbidden to accept financial assistancefrom foreign sources.Most workers remained members of the system of state-sponsoredtrade unions that was established during the Communist period.Membership was obligatory. At most enterprises, thestate-sponsored unions continue to deduct automatically1 percent of each worker's wage as dues. In addition, thegovernment pension fund withholds 30.2 percent of each worker'swage, and the state unions, which have the authority toallocate funds for disability and sick pay, housing, and theuse of vacation retreats, take 7.3 percent. The state unionsunder the Communist system were, and for the most part stillare, organs of the Government, and use their power coercivelyto enforce labor discipline and to discourage workers fromforming or joining independent unions.The Constitution entitles workers to join or form unions oftheir own choosing and to stop the automatic dues deductionsfor the state unions. To obtain legal status, an independentunion must apply for registration with the local judicialauthority at the oblast level and with the Ministry ofJustice. Registration is generally lengthy, difficult, andexpensive. The decision to register a union appears to bearbitrary, with no published criteria. Judicial authoritiesand the Ministry of Justice have the authority to cancel aunion's registration.Workers who have joined independent trade unions are subjectedto various forms of harassment, including dismissal, transferto lower paying or lower status jobs, threats, andintimidation. State unions often take an active part in theharassment to inhibit challenges to their hegemony and topressure new unions.The independent unions have suffered because national laws arenot enforced at local levels. For example, in Tekele, afternearly 2 years of court battles, the Tekele mine constructionadministration is still automatically withholding dues for thestate-sponsored union from members of the Independent Miners'Union of Tekele.The Independent Trade Union Center of Kazakhstan claimsmembership of about 500,000 out of a total work force of about5,600,000.Unions have the legal right to strike, and several took placeduring 1994.Many enterprises in 1994 continued to pay part or all wages inscrip rather than in cash, a practice at odds with Article 3 ofILO Convention 95 on the protection of wages, which prohibitspayment of wages other than in the legal currency without theexpress consent of the workers. Enterprise directors claimedthat the enterprises were not being paid in cash by theirtraditional trading partners in other parts of the formerSoviet Union, which were also experiencing cash flowdifficulties as a result of the general economic crisis. Thescrip was often not accepted at stores or was accepted only atdevalued levels.By law, unions may freely join federations or confederationsand affiliate with international bodies. Most independenttrade unions in Kazakhstan belong to the Independent TradeUnion Center (ITUC) headquartered in Almaty. The IndependentMiners' Federation of Kazakhstan, along with the State Miners'Union of Karaganda, are members of the Miners' InternationalFederation. The unions belonging to the ITUC are not membersof international federations but do maintain contacts withEuropean and U.S. trade union federations. b. The Right to Organize and Bargain CollectivelyThere are significant limits on the right to organize andbargain collectively. Most industry remained state owned in1994 and was subject to the state's production orders.Although collective bargaining rights are not spelled out inthe law, in some instances unions successfully negotiatedagreements with management. If a union's demands are notacceptable to management, it may present those demands to anarbitration commission comprised of management, unionofficials, and independent technical experts. There is nolegal protection against antiunion discrimination.There are no export processing zones. Several free economiczones enjoy all the privileges of export processing zones, aswell as other tax privileges and abatements, but laborconditions there appear to be no different than elsewhere inKazakhstan. c. Prohibition of Forced or Compulsory LaborThe law prohibits forced labor. In some places, however,compulsory labor is used. Some persons were required toprovide labor or the use of privately owned equipment with no,or very low, compensation to help gather the annual grainharvest. d. Minimum Age for Employment of ChildrenThe minimum age for employment is 16. A child under age 16 maywork only with the permission of the local administration andthe trade union in the enterprise in which the child wouldwork. Such permission is rarely granted. Abuse of child laboris generally not a problem, except that child labor wasreportedly used, especially during the cotton harvest in thesouth. e. Acceptable Conditions of WorkThe official minimum wage, set by the Supreme Soviet, is about$3.70 (200 tenge) per month, far from sufficient for a workerand family to live on. Rampant inflation made fixing andenforcing a minimum wage unrealistic.The legal maximum workweek is 48 hours, although mostenterprises maintain a 40-hour workweek, with at least a24-hour rest period.Working and safety conditions in the industrial sector aresubstandard. Safety consciousness is low. Workers infactories usually do not wear protective clothing, such asgoggles and hard hats, and work in conditions of poorvisibility and ventilation. Management largely ignoresregulations concerning occupational health and safety,enforceable by the Ministry of Labor and the state-sponsoredunions. Lack of management concern and economic dislocationhave resulted in shortages of safety equipment. Workers,including miners, have no legal right to remove themselves fromdangerous work situations without jeopardy to continuedemployment.</text>
</content>
<name> </name>
<script></script>
</card>
card_37514.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: KAZAKHSTAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 KAZAKHSTANIn its third year of independence, Kazakhstan continued tograpple uncertainly with the task of shedding Soviet-eraauthoritarian political institutions and a centralized commandeconomy. President Nursultan Nazarbayev, in his third year ofa 5-year term in office, remained the leading political figurein the country and sought to bolster his position in multipartyelections in March for the Supreme Soviet (legislature) andlocal councils. The elections were seriously compromised byfraud and judged by international observers as not free andfair. Nevertheless, the Supreme Soviet's independence as aseparate branch of government was strengthened by somereformist deputies and by conservatives who showed loyalty toregional interests. It rejected certain economic and socialpolicies as well as some appointees put forward by thePresident. In October, blaming top ministers for poor progresson economic reform, Nazarbayev replaced Cabinet members with alargely younger and more reformist group.The Ministry of Internal Affairs supervises the criminalpolice, who are poorly paid and corruptible. The Committee forNational Security (KNB) sought to legitimize its role byfocusing on efforts to counter terrorism, organized crime, andofficial corruption. Efforts to build a small, modern armywere impeded by the shortage of funds, the flight of ethnicRussian officers to Russia, and continued brutal hazing ofconscripts.Kazakhstan is rich in natural resources, such as oil andminerals, but its state-dominated economy continued to declinesharply in 1994, with high inflation, falling production, and abudget deficit of one-tenth of the gross domestic product.Agricultural production remained largely collectivized.Bureaucratic restraints, high taxes, and rampant governmentcorruption hampered the small but dynamic private sector.Privatization, a vital necessity for economic recovery andgrowth, gained momentum, but abuses and lack of openness led tostrong public concerns. While general macroeconomicstabilization came in 1994, faster microeconomic, orstructural, reforms are needed.Massive fraud in the March elections effectively deprivedcitizens of the right to change their government (see Section3). The Government turned over Uzbek dissidents to securityforces of the Government of Uzbekistan (see Section 1.d.).Criminal police continued to beat some detainees and searchhomes without warrants, and prison conditions deterioratedfurther due to budget restrictions. Freedom of the media isextensive, and the press frequently criticized the Governmentdespite government control of printing facilities andsupplies. Freedoms of assembly and religion were generallyrespected, but the Government refused to register associationsand political parties based on ethnic and religious criteria.The "propiska" system of permits for residence in the capitalis 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 tobecome somewhat more independent and critical of theGovernment, state-sponsored unions continued to subjectindependent trade unions and their members to harassment andpressure.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicialkillings. b. DisappearanceThere were no reports of politically motivated disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough the law prohibits these practices, there were crediblereports that police beat and otherwise treated detaineesabusively to obtain confessions.Prison conditions deteriorated further in 1994 due todiminishing budget resources and an increase in the number ofpersons incarcerated. According to human rights groups, in oneAlmaty prison, for example, 3,900 prisoners occupied a facilitydesigned for 1,800. The prison diet is inadequate. Prisonersare allowed to receive only one visit every 6 months, butadditional 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 oftuberculosis and dystrophy in many of Kazakhstan's prisons.Lice and scabies are common. Some 40 prisoners in Karagandaand 35 in Atyrau reportedly died from conditions aggravated bymalnourishment and lack of basic medical treatment. Prisonguards, who are poorly paid, steal food and medicines from theprisons, leaving little for the prisoners. Violent crime amongprisoners is routine. There was an unconfirmed report ofcannibalism in a prison in Semipalatinsk in which fiveprisoners killed and ate a cell mate.According to the Kazakhstan-American Human Rights Bureau, therewere 85,000 prisoners in Kazakhstan in 1994, of whom 6,000suffered major illnesses because of inadequate diet andsanitation. About 1,150 prisoners died of those illnessesduring the year. d. Arbitrary Arrest, Detention, or ExileBecause of the slow pace of legal reform, Kazakhstan continuedto use the Soviet legal system, with some modifications, in1994. The law sanctions pretrial detention. Prosecutors issuearrest 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 theapproval of a prosecutor, but no longer than 10 days withoutbringing charges. In practice, however, police routinely holddetainees for more than the legal 10-day limit.The maximum length of pretrial detention is 1 year. Pretrialdetainees comprised about 30 percent of the total prisonpopulation in 1994. Detainees are not held incommunicado.Defendants in criminal cases have the right to choose anattorney and to appeal the legality of their arrest to theprosecutor before trial. If the defendant cannot afford anattorney, the State will provide one free of charge. There isno provision for bail; defendants remain incarcerated untiltrial. Some lawyers fear reprisals if they represent a clientunpopular with the Government, but there were no reports ofsuch reprisals in 1994. Many lawyers, nevertheless, remainreluctant to defend clients of whom the Government issuspicious.There were instances of arrest without the filing of specificcharges. In May the Government arrested 3,000 to 4,000 peoplein 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 twoinstances attempted to arrest Uzbek dissidents in Kazakhstan.The first occurred in May during a human rights conference inAlmaty when Uzbek security agents openly sought Uzbekdissidents at their hotels. The Government reacted swiftly,publicly announcing that the Uzbek agents had been located andthat they had departed, and that it would guarantee the safetyof all those attending the conference.The second incident occurred in June when the UzbekistanGovernment, acting under the Minsk Convention of theCommonwealth of Independent States (CIS) on cooperation amongthe security services of CIS member states, requested thearrest of two Uzbek dissidents, Murat Dzhurayev and DzhakhangirMametov, on charges of murder. Kazakhstani authoritiespermitted Uzbek agents to arrest Dzhurayev and another Uzbekdissident, Erkin Ashurov (but not Mametov), and take them toUzbekistan. Once in Uzbekistan, Uzbek authorities dropped themurder charges and instead charged the two with distributingillegal literature and conspiring to overthrow the Governmentof Uzbekistan. In August the Uzbekistan National SecurityService asked the Kazakhstani KNB to interrogate fourKazakhstani citizens whose names were found among belongings ofthe arrested dissidents. The KNB interrogated the four but didnot arrest or otherwise harass them. Kazakhstani human rightsgroups and several Supreme Soviet deputies protested theinterrogations. e. Denial of Fair Public TrialGovernment interference and pressure compromise the courtsystem's independence. During the campaign for the MarchSupreme Soviet elections, local officials in a number of areasaround the country pressured local courts to rule againstopposition candidates who contested the refusal of localelection commissions to register them as candidates. Severalindependent trade unions have claimed that local courts oftenrule against them and that they can expect a fairer hearing ifthey appeal to a higher court.There are three levels in the court system: the local level,the oblast (province) level, and the Supreme Court. ThePresident recommends nominees for the Supreme Court for SupremeSoviet approval. Heads of oblasts recommend nominees foroblast soviet (council) approval. Regional or city councilselect, at least nominally, lower level judges. Judges areappointed for 10-year terms. The Constitutional Court,established in 1992, interprets the Constitution, resolveslegal conflicts between oblasts, and rules on interethnicproblems. The law provides for due process, including theright to a public trial, the right to counsel, the right tocall witnesses for the defense, and the right to appeal adecision to a higher court.Local courts try less serious crimes, such as petty theft andvandalism (hooliganism, in the old terminology). Oblast-levelcourts handle more serious crimes, such as murder, grand theft,and organized criminal activities. The oblast courts mayhandle cases in rural areas where no local courts areorganized. Judgments of the local courts may be appealed tothe oblast-level courts, while those of the oblast courts maybe appealed to the Supreme Court. A special arbitration courthandles disputes between state enterprises.There were no known political prisoners in 1994. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe KNB and Ministry of Internal Affairs, with the concurrenceof the Procuracy, may arbitrarily interfere with privacy,family, home, and correspondence, a legacy of Soviet rule. Thelaw requires criminal police, who remain part of the internalsecurity structure, to obtain a search warrant from aprosecutor before conducting a search, but they sometimessearch without a warrant. There were credible reports in 1994that police occasionally planted evidence.The KNB has the right to monitor telephone calls and mail, butunder the law it must inform the Procuracy within 3 days ofsuch activity.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution and the 1991 press law provide for freedom ofthe press. The Government continued to own and controlprinting and distribution facilities and to subsidizeperiodicals, including many supposedly "independent" ones.However, the opposition press, while dependent on governmentcontrol of printing supplies, was not subject to intimidationor harassment. Although self-censorship continued, some printmedia increasingly criticized Supreme Soviet and presidentialdecisions, the Government's performance, and officialcorruption. The independent newspaper, Karavan, wasparticularly successful in expanding its circulation (to about300,000) and sharply criticized many government policies andactions. Most political opposition groups issue their ownpublications.There are many radio and television companies, bothgovernmental and private, but the Government controlsbroadcasting facilities. In April President Nazarbayevrestructured state television and radio into a corporation,which encouraged independent stations to join it in exchangefor national broadcast time. Fearing government control,leaders of independent television and radio immediatelyobjected to joining the corporation. Their opposition, inwhich some members of Parliament and even the Ministry of Pressand Mass Media joined, was strong enough to prevent thecorporation from gaining control over the independents.During the parliamentary election campaign in the winter andearly spring of 1994, the television station Telemax went offthe air for several days when local authorities, upset bybroadcasts critical of Almaty's mayor and other city officials,shut off electricity to the station. The station owners movedto an undisclosed location and continued to broadcast criticismof the local authorities. Later in the spring, when theindependent television station from which Telemax had purchasedbroadcast time expanded its programming and took back thebroadcast time, Telemax went off the air, but its affiliateradio stations continue to broadcast news critical of local andnational government.Laws insulting the President and Supreme Soviet deputies remainon the books, but according to government officials theprovisions for punishment for "insulting" have been dropped.No one was prosecuted for "insulting" in 1994. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for freedom of assembly andassociation, but there are some significant restrictions.Local authorities must approve a demonstration 10 days inadvance, or else they consider it illegal. The court sentencedfive organizers of a demonstration outside the Supreme Sovietin May to 3- to 15-day jail terms for organizing an illegaldemonstration.To participate in elections, a political party must registerwith the Government. To register, a party must submit a listof at least 3,000 members from a minimum of 11 (out of 19)different oblasts. The list must provide personal informationabout the members, including date and place of birth, address,and place of employment. Submitting such personal data to theGovernment recalls for many Kazakhstanis old-style KGB tacticsand inhibits them from joining parties. The nationalist andpan-Turkic Alash Party and the Social Democratic Party haverefused to register on the principle that they should not haveto submit personal information about their members to theGovernment. Members of unregistered parties may run forelected office as individuals but not as party members.Organizations or movements that conduct public activity, holdpublic meetings, participate in conferences, or have bankaccounts must also register with the Government. Registrationon the local level requires a minimum of 10 members and on thenational level a minimum of 10 members in at least 11 oblasts.The Government's refusal to register religious and ethnic-basedparties and movements is not a stated policy, although someofficials refer to Article 55 of the Constitution, whichprohibits public associations proclaiming or demonstrating inpractice racist, nationalist, social, or religious intoleranceor elitist exclusivity. In November the Ministry of Justicesuspended the activities of the Semirechye Cossack Society forparamilitary activities and promotion of ethnic intolerance.The Society organized a peaceful but unauthorized demonstrationin Almaty on November 19. Two organizers were arrested.According to the new Civil Code adopted in December, politicalparties, trade unions, and social organizations "engaged inpolitical activity" are prohibited from receiving financialassistance from foreign sources.Government officials have justified decisions not to registerethnic-based parties and movements on the grounds that theiractivities could spark ethnic violence. Unregistered partiesand movements are, nonetheless, able to hold meetings andpublish newspapers, although these groups frequently appear tohave more difficulty obtaining printing supplies than otherpublishers. c. Freedom of ReligionThe Constitution provides for freedom of religion, and thevarious denominations worship without governmentinterference. However, a new Civil Code passed by the SupremeSoviet in December requires state authorities to approve theappointment of the Kazakhstan director of any religiousorganization operating in Kazakhstan.The Islamic Mufti and the Russian Orthodox Archbishop haveappeared together publicly to promote religious and ethnicharmony. Foreign missionaries, unwelcome to some Orthodox andMuslim Kazakhstanis, have complained of occasional harassmentby some low-level government bureaucrats. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution provides for the right to emigrate, which isrespected in practice.The propiska system of residence permits, a holdover from theSoviet era, remained in effect in 1994. Since 1992, citingecological and health reasons, the Almaty city administrationhas limited the transfer of residences in Almaty to peoplealready living there. According to human rights activists, therising demand to live in Almaty (because of its greaterrelative affluence) has resulted in a bribery market forpropiskas ranging from $1,000 to $3,000. Obtaining a propiskafor other parts of the country was generally routine. There isconsiderable favoritism toward ethnic Kazakhs in theallocational transfer of residences. For example, the Almatycity administration is more likely to give permission to sellor trade a residence if a Kazakh is to receive the property.An exit visa is required for travel abroad, although refusalsare exceptional. There have been reports of some officialsdemanding bribes for exit visas.The Government accords special treatment to Kazakhs and theirfamilies who fled Kazakhstan during Stalin's time and wish toreturn. Kazakhs in this category are encouraged to return toKazakhstan, are entitled to Kazakhstani citizenship, and mayretain any other citizenship they may already have. Anyoneelse, including ethnic Kazakhs who are not considered refugeesfrom the Stalin era, such as the descendants of Kazakhs whomoved to Mongolia during the previous century, must apply forpermission to return and must renounce any other citizenship.Ethnic Kazakh citizens already living in Kazakhstan, as well asnonethnic Kazakh citizens, are not permitted to obtain anothercitizenship without losing their Kazakhstani citizenship.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentWhile the Constitution provides for this right, the Governmentinfringed it in fraudulent March 7 elections for the SupremeSoviet and local councils (maslikhats). In December 1993, theSupreme Soviet voted to advance the date of parliamentary andlocal elections (scheduled to be held at 5-year intervals) fromautumn 1994 to March 7. This left little time for theGovernment to prepare a new election law and for parties andcandidates to prepare election campaigns.The Government invited the Conference on Security andCooperation in Europe (CSCE) and other international observersto monitor the elections. The CSCE observers concluded thatthe elections did not meet international standards for free andfair elections for the following reasons: (1) the requirement that voters choose about 20 percent ofthe deputies from a list of names chosen by the President (the"state list"); (2) manipulation of errors and ambiguities in the hastilywritten election law in favor of progovernment candidates; (3) the stuffing of ballot boxes in many locations; (4) denial of the right to register many oppositioncandidates; (5) court support for the refusal of election commissionsto register opposition candidates; appeals to theConstitutional and Supreme Courts were ineffective; (6) the abetting of election rigging by the CentralElectoral Commission, thus compromising its integrity; (7) a number of polling places were "closed" to observers; (8) and harassment and intimidation by the authorities ofindependent media which were critical of the activities oflocal election commissions, particularly in Almaty andKaraganda.There is some irony in the fact that this fraud, presumablyintended to ensure a more progovernment and compliantParliament, was somewhat counterproductive because so many ofthose elected showed more loyalty on some issues to theirregions (which were suffering from the economic crisis) than tothe central Government. For example, in June Parliamentregistered a vote of no confidence in the Cabinet's economicand social policies.In October Parliament rejected President Nazarbayev's proposedcandidate for deputy prime minister for political and socialaffairs on the grounds that he was corrupt, and then voted downa second candidate because he was perceived to be too young tooccupy such a senior position. Late in 1994, parliamentaryopposition forced President Nazarbayev to abandon his bid tocreate a bicameral legislature, with a more malleable upperhouse. Parliamentary opposition to the Government's policiescomes from both genuine democratic reformers and fromconservatives who are protecting parochial or local interests.On some issues they join forces. The combined effect of thisopposition has been to make the Parliament more independent.The next presidential elections (also held every 5 years) arescheduled for 1996. All men and women above the age of 18 havethe right to vote. President Nazarbayev was elected by 98percent of the vote in an uncontested election in 1991.The number of seats in the Supreme Soviet is 177: 135 electeddirectly, and 42 (2 from each oblast or special administrativearea) elected from the "state list" of candidates chosen by thePresident.There are four legally registered political parties: theSocialist Party; the People's Congress Party (formed by poetand environmentalist Olzhas Suleymenov); the NationalDemocratic Party (the political arm of the Kazakh nationalistmovement Azat); and the Communist Party, reregistered in July1994. The Union of People's Unity (SNEK), a registered socialmovement created by President Nazarbayev to support hispresidency, has the largest number of deputies of any group inParliament. Only about 80 members of the Supreme Soviet areaffiliated with a political party, movement, or socialorganization. President Nazarbayev, although officially not amember of any party, has accepted the formal endorsement of theSNEK.Unregistered opposition parties and movements include theSocial Democrats, the Alash Party, and the conservative Kazakhnationalist Republican Party. The Government has refused toregister any party or movement whose platforms it claims willfoment ethnic tensions.There are no legal restrictions on women participating inpolitics and government. Owing to prejudice and traditionalattitudes, however, few women are professionally active inthese fields. Of 177 Supreme Soviet deputies, 22 are women.The Constitution guarantees equal political rights for allcitizens regardless of ethnicity or sex.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe most active of several local human rights organizations arethe Helsinki Watch Group and the Kazakhstan-American HumanRights Association, which operated without governmentinterference. The Helsinki Watch Group has limitedorganizational and financial means to observe, contest, andreport human rights violations. The Kazakhstan-American HumanRights Association receives assistance from the Union ofCouncils of Soviet Jews. The two groups cooperate closely onhuman rights issues, such as the arrest of Uzbek dissidents(see Section l.d.). The Kazakhstan-American Human RightsAssociation sponsored human rights conferences in Almaty in Mayand in November in which government officials andparliamentarians participated.The Government permitted representatives of foreignnongovernmental organizations (NGO's) dealing with human rightsand the environment to visit and meet with opposition andenvironmentalist groups as well as some government officials.However, Kazakhstan law currently has no provision forregistering foreign NGO's. In November the Government signedan agreement formalizing registration of U.S. NGO's. Forperiods of time in 1994, the Government interfered withtelephone and facsimile (fax) communications of theInternational Republican Institute, the National DemocraticInstitute, and Isar, an environmental NGO. The new Civil Codeprohibits organizations, including political parties and tradeunions, from receiving financial assistance from foreignsources. Some government officials assert that the work offoreign NGO's with Kazakhstani political and labor groupspromotes instability. Some human rights observers complainedthat the Government monitored their movements and telephonecalls.</text>
</content>
<name>Kazakhstan </name>
<script></script>
</card>
card_37132.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: JORDAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 JORDANThe Hashemite Kingdom of Jordan is a monarchy. ItsConstitution concentrates a high degree of executive andlegislative authority in the King, who determines domestic andforeign policy. The Prime Minister and Cabinet manage thedaily affairs of government. The Parliament, which consists ofa 40-member Senate appointed by the King, and an 80-memberChamber of Deputies elected by the people, is relatively weakand not an effective check on executive authority.The General Intelligence Directorate (GID) and the PublicSecurity Directorate (PSD) share responsibility for maintaininginternal security and have broad authority to monitor theactivities of persons believed to be security risks. Theycontinue to be implicated in human rights abuses. TheGovernment revoked martial law in 1991, but important aspectsof martial law remain, such as broad police powers.Jordan has a mixed economy with significant governmentparticipation in industry, transportation, and communications.Jordan has few natural resources and is financially dependenton foreign assistance and remittances from Jordanian nationalsworking abroad. Because of the Government's policies duringthe Gulf War, Arab countries in the Gulf discontinued financialaid. The economy has been buffeted by high unemployment andinflation, and a sharp reduction of exports to Iraq due toUnited Nations sanctions.Human rights abuses include arbitrary arrest; mistreatment ofdetainees; prolonged detention without charge; lack of dueprocess; official discrimination against adherents of theBaha'i faith; and restrictions on women's rights. Citizens donot have the right to change their form of government, althoughin recent years, the King has taken some steps to increaseparticipation in the political system. In 1992 the Governmentlegalized the establishment of political parties and haslicensed 23 parties to date. The parliamentary elections heldin 1993 were free and fair. Voters may elect municipalofficials and the lower house of Parliament, but overalldecisionmaking authority remains with the King.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or extrajudicial killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough the Legal Code guarantees prisoners the right tohumane treatment, security forces continue to abuse detaineesphysically during interrogation. Torture allegations aredifficult to verify because security officials frequently denydetainees timely access to lawyers. The most frequent allegedmethods of torture include sleep deprivation, beatings on thesoles of the feet, and extended solitary confinement.Defense lawyers for 25 Islamists, called the "Arab Afghans" whowere tried in a military court for "attempting to destabilizethe country," claimed that security officers tortured theirclients during pretrial detention from January to August 1994,and that their clients confessed under "duress". The courtquestioned each defendant about allegations of mistreatment. Anumber said that security officials had "hit" them but wereunable to identify them. The Court permitted doctors totestify about the defendants' physical condition. However, thedoctors were not able to examine the defendants until monthsafter the alleged beatings, and were unable to determine thecause of the defendants' injuries. d. Arbitrary Arrest, Detention, or ExileThe Criminal Code requires legal authorities to file formalcharges within 10 days of arrest. The courts routinely grantprosecutors' requests for 15-day extentions of detention asprovided by law, thereby extending the period of pretrialdetention. If a suspect is detained for a long period, whichgenerally happens only in state security cases, the authoritiesoften do not provide defendants with the written charges against them or access to legal counsel until shortly beforetrial.In 1994 the police arrested approximately 70 Islamists assuspected security risks, including 40 in a roundup in thenorthern city of Salt.The Constitution prohibits exile, and the Government does notresort to it. e. Denial of Fair Public TrialDefendants are sometimes denied the right to fair trial instate security cases. The judicial system consists of civiliancourts, which hear most criminal cases; the Appeals Courts(including the Court of Cassation); the Supreme Court; theState Security Court, which hears a range of offenses includingsedition, armed insurrection, financial crimes and drug-relatedoffenses; religious courts; and special courts, including onethat has jurisdiction in disputes with government agencies.In the civilian courts, most trials are open. Defendants areentitled to legal counsel, may challenge witnesses, and havethe right to appeal. Defendants facing the death penalty orlife imprisonment must be represented by legal counsel.Islamic, or Shari'a, Courts have jurisdiction over marriage anddivorce among Muslims and inheritance cases involving bothMuslims and non-Muslims (see Section 5).Panels of three judges, who may be either civilian or militaryjudges, hear trials in the State Security Court. Currently,only military judges are assigned to the Court. Althoughtrials in the State Security Court are open to the public, inpractice the Court has restricted the attendance ofjournalists, family members of the defendants, and diplomaticobservers.Authorities hold defendants tried in the State Security Courtfor extended periods in pretrial detention without access to alawyer. Defense attorneys in the Arab Afghan case complainedthat the Court did not give them sufficient time to prepare adefense because they were prevented from meeting with theirclients until 2 days before the opening of the trial (see belowand Section 1.c.). However, the Government permittedrepresentatives of the International Committee of the Red Cross(ICRC) to visit the defendants while they were in pretrialdetention. Although State Security Court judges inquire intoallegations of torture and permit the testimony of physiciansregarding these allegations, the Court has not to dateinvalidated a defendant's confession because it was obtainedunder torture or duress.Defendants in the State Security Court have the right of appealto the Court of Cassation, which is authorized to review thetestimony, evidence, and judgment. These appeal procedures arebeing tested in the "Mu'tah" and Arab Afghan cases. In theMu'tah case, which was tried from September to December 1993,the State Security Court found all 10 defendants guilty ofplotting to assassinate the King. It sentenced the ringleaderto death, two other defendants to life imprisonment, and theremaining seven to long periods of hard labor. The Court ofCassation was reviewing the case at year's end.The State Security Court began the trial of the Arab Afghans onAugust 27 and handed down verdicts on December 21. The Courtsentenced 11 defendants to death by hanging, 7 to variousprison terms with hard labor, and acquitted the remaining 7defendants of all charges. It sentenced three defendants inabstentia. The verdicts were in appeal before the Court ofCassation at year's end.The Government does not detain political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe police must obtain a warrant from the Prosecutor General ora judge before conducting searches in most cases. However, insecurity cases, authorities sometimes, and in violation of thelaw, obtain warrants retroactively or obtain preapprovedwarrants. Security officers reportedly monitor telephones,read correspondence, and engage in surveillance of persons thatallegedly pose a threat to the regime. While these practicesare not believed to be widespread, the law permits them if theGovernment obtains a court order.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for the freedoms of speech and thepress, and citizens in general openly criticize theGovernment. However, the Press and Publications Law of 1993restricts coverage of 10 subjects, most notably the militaryservices, the royal family, and monetary policy.The Government exercises control over the print media byrequiring licenses for newspapers and periodicals. However,the Press and Publications Law of 1993 restricts coverage of 10subjects, most notably the military services, the royal family,and monetary policy. However, the law does not prescribepenalties for publishing without a license, and no such casehas yet arisen. The Government may revoke a license only if acompany fails to publish for an extended period of time. Thelaw eased licensing requirements. Since enactment, theGovernment has licensed 12 weeklies, 2 dailies, and 4 researchcenters. The Government requires licenses for journalists,editors, and publishers. Journalists have long complainedabout the requirement that they must join thegovernment-sponsored Jordan Press Association. However, theGovernment has not taken legal action against journalists whorefuse to join the Association. The press law offers limitedprotection for the confidentiality of a journalist's sources.The Penal Code authorizes the State to take legal actionagainst any person who incites violence, defames "heads ofstate," disseminates "false or exaggerated information outsidethe country which attacks state dignity," or defames publicofficials.Although the press law ended censorship, most journalistscensor themselves. Journalists accused of violating the laware tried in a special court for press and copyright cases.Approximately 30 cases relating to freedom of the press werepending in that court as of November.In May a journalist and an editor of the daily English-languageJordan Times were fined JD 300 (approximately dollars 430) forreporting that defendants in the Mu'tah trial claimed thatsecurity officers had tortured them while in detention. InJune the former editor and a journalist of the weekly Al-Ahaliwere also fined the same amount for reporting the sameallegations. The defendants in both cases have appealed.The Government does not usually interfere with the importationof foreign newspapers and magazines. However, in 1994 theMinistry of Information prevented the entry into Jordan of someArab publications, including a Lebanese periodical which wasembargoed twice, purportedly for containing material regardedas 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 suchpermission, and the film was not shown. However, the film isavailable in pirated videocassette format. The Government hasnot taken steps to seize copies or otherwise block distributionof the tape. The government-appointed Film Censorship Councilprohibited showings of the Egyptian film, "The Terrorist," ongrounds that it might encourage extremist violence.The Government owns the radio and television companies, andradio and television news is more restricted than print media.Television news airs criticisms of the Government but rarelycovers alleged human rights abuses. All political partiesgenerally have access to broadcast facilities, but the cost ofair time is prohibitively high. In the 1993 elections, theGovernment determined that no party would be given access totelevision because not all parties could afford the expense.International cable television programs are widely available bysatellite from local vendors.In the past, some leftist and Islamist university professorswere dismissed for advocating extremist political views.Although there have been no known dismissals since the late1980's, intellectuals believe that there are no safeguards toprevent future dismissals. b. Freedom of Peaceful Assembly and AssociationCitizens must obtain permits for any public gatherings. TheGovernment has granted permits for peaceful demonstrationssince 1989. The Government routinely licenses politicalparties and to date has licensed 23 parties. It is illegal toparticipate in an unlicensed party. The High Court of Justicemay dissolve a party on application of the Minister of Interiorif the party violates the Constitution or the politicalparties' law. The Government has no discretion to deny alicense to a party that submits a complete application,including names of the founders, financial information, andbylaws. c. Freedom of ReligionAccording 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 ofJordan's Christian minority. The Government does not recognizethe Baha'i faith as a religion but does not prohibit thepractice of the faith.The law prohibits non-Muslims from proselytizing. Muslims whoconvert to other faiths complain of social and governmentdiscrimination. The Government does not fully recognize thelegality of such conversions. Under Islamic law, converts areregarded as apostates and may, in principle, be legally deniedtheir property and other rights, although this does nothappen. Converts from Islam do not fall under the jurisdictionof their new religion's laws in matters of personal status andare still considered Muslims under Shari'a law. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens are free to travel abroad and within Jordan, except inand through military areas. The law requires that Jordanianwomen and foreign women married to Jordanians must obtainwritten permission from a male guardian to travel abroad orapply for a passport. This requirement is normally enforcedonly when a married woman plans to travel abroad withchildren. Legal authorities will enforce requests from fathersto prevent their children from departing the country, even whentraveling with their mothers.Many Palestinian residents are Jordanian citizens--with all therights of citizenship. The Government authorizes otherPalestinians to carry Jordanian travel documents. Palestiniansmust obtain permits from the Ministry of Interior for travelbetween the East Bank and the Israeli-occupied territories andneighboring states. The permits are routinely granted. In Maythe Government eased travel restrictions on Palestinians,allowing residents of the Occupied Territories to enjoyunlimited residence and travel in Jordan.Over 1.2 million Palestinian refugees are registered with theUnited Nations Relief and Works Agency. The Governmentcooperates with the United Nations High Commissioner forRefugees in assisting refugees. There have been no reportsthat the Government has expelled anyone with a valid claim torefugee status.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens do not have any meaningful ability to change theirsystem of government given that executive and legislativepowers are concentrated in the hands of the King. He has solediscretionary authority to form and dismiss the Cabinet,dissolve Parliament, and to establish the broad parameters ofpublic policy. Appointments made by the King to highGovernment posts do not require legislative approval. ThePrime Minister and the Cabinet have limited policymaking powers.The Parliament is composed of a Senate appointed by the Kingand a Chamber of Deputies elected by the people. Of the 80seats in the Chamber, 9 are reserved for Christians, 6 forbedouins, and 3 for Circassians or Chechens, which are ethnicminorities. The Parliament is empowered to approve, reject, oramend legislation proposed by the Cabinet. In practice,Members of Parliament ask the Government to submit specificlegislation for consideration. The King may proposeextraordinary sessions of Parliament and may postpone regularsessions up to 60 days. The King must approve by decree alllaws passed by Parliament. If the Government amends or enactsa law when Parliament is not in session, it must submit the lawto Parliament for consideration during the next session.At year's end, 6 of 31 ministers and 11 of 80 parliamentariansare of Palestinian descent. This representation is in largepart the result of an electoral system which gives greaterrepresentation to south Jordan, which has few inhabitants ofPalestinian origin. Women have the right to vote. Three womenran for Parliament in the 1993 election; one was was elected toa seat reserved for Circassians. Women's groups encouragedwomen to vote, and in the Amman area, nearly half of those whovoted were women.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsLocal and international human rights groups investigateallegations of human rights abuses and have published anddisseminated findings critical of government policy. However,the press and publications law restricts the publication ofinformation about the military and security services, which, ineffect, prevents the publication of torture reports and otherabuses allegedly committed by the security services.The Arab Organization for Human Rights and the Amman-basedPeace Center for Humanitarian Studies are registered with theGovernment and have raised human rights cases in public and inprivate with government officials. Both organizations havedrawn public attention to alleged human rights abuses and havepressed the Government to explain the status of some prisonersand to charge or release the prisoners promptly. The BarAssociation also raises human rights concerns regarding theapplication of the law and due process. The Government grantsthe ICRC access to detainees and prison facilities.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenWomen experience legal discrimination in matters of pension andsocial security benefits, inheritance, divorce, and the valueof testimony in court (see Section 1.e.). Under Islamic law,or Shari'a, female heirs receive half the amount of a maleheir's inheritance, while the non-Muslim widows of Muslimspouses have no inheritance rights. A sole female heirreceives half her parents' estate; the balance goes todesignated male relatives. A sole male heir inherits all hisparents' property. Male Muslim heirs have the duty to providefor all family members who need assistance. Under Shari'a law,the testimony of two women is required to equal the testimonyof one man. This technically applies only in religious courtsbut is sometimes imposed in civil courts as well, irrespectiveof religion. Men are able to obtain divorce more easily thanwomen under Islamic law. Marriage and divorce matters forChristians are adjudicated by special courts for eachdenomination.The Government provides males with more generous socialsecurity benefits than those for women. The Governmentcontinues pension payments of a deceased male civil servant tohis heirs, but it discontinues the pension payments of adeceased female civil servant.By law, a married woman requires her husband's permission toobtain a passport. Married women do not have the legal rightto confer citizenship on their children. However, they mayconfer citizenship on their non-Jordanian husbands who then mayobtain citizenship for the children. Civil law grants womenequal pay for equal work, but in practice this law is sometimesignored.Social pressure against women pursuing a career is strong.Nonetheless, women have employment opportunities in manyprofessions, including engineering, medicine, education, andlaw. Women's groups stress that the problem of discriminationis not only one of law but also of women's lack of awareness oftheir rights or unwillingness to assert those rights. TheJordanian chapter of the Business and Professional Women's Clubgives seminars on women's rights and assists women inestablishing small businesses.Medical experts acknowledge that spousal violence against womenoccurs. Cultural norms constrain victims from seeking medicalor legal help and frustrate a scientific assessment of theextent of the abuse. Abused women have the right to file acomplaint in court against their spouses, but in practice,familial and societal pressures discourage them from seekinglegal remedies. Nongovernmental organizations provideassistance to victims of domestic violence. Wife beating istechnically grounds for divorce, but the husband may seek todemonstrate in court that the beating occurred because the wifewas irreligious or did not obey him. This defense stems from aKoranic injunction to hit an irreligious or disobedient wife,not to injure her but to show her the error of her ways. It iswithin the discretion of a Shari'a Court judge to deny adivorce in such cases.The Criminal Code stipulates a sentence of 1 year for personsfound guilty of committing a "crime of honor"--which is themurder of a female, usually by a male relative, for allegedsexual misconduct. Even if the defense cannot meet thestringent condition to plead a crime of honor defense--thedefendant must have witnessed the female victim engaging inintercourse--offenders rarely spend more than six months to twoyears in prison. By contrast, the penalty for murder is 15years. Women may not invoke the crime of honor defense formurdering a male relative under the same circumstances. Thelaw restricts a crime of honor to "he who surprises his wife orany close female relative committing adultery." ChildrenAlthough the law prohibits children under the age of 16 fromworking, child street peddlers may be observed on the streetsof Amman. The Ministry of Social Development has a committeeto address the problem and in most cases removes the childrenfrom the streets, returns them to their families, and providesthe families with a monthly stipend. Corporal punishment inschools is prohibited. Although social workers say there is asignificant incidence of child abuse within families, theproblem is difficult to quantify. National/Racial/Ethnic MinoritiesThe Government has granted full citizenship to all Palestinianswho fled to Jordan in the period after the 1948 Arab-Israeliwar and to a large number of refugees who arrived after the1967 war. However, refugees who fled Gaza after 1967 are notentitled to citizenship and are issued only limited-validitypassports.Palestinians suffer disproportionate scrutiny in taxation anddiscrimination in the award of university scholarships andappointments to senior positions in the Government and themilitary. Religious MinoritiesThe Government does not recognize the Baha'i faith as areligion. It does not record the religion on national identitycards issued to Baha'is, nor does it register propertybelonging to the community. Unlike Christian denominations,the Baha'i community does not have its own court to adjudicatepersonal status and family matters. Baha'i personal statusmatters are heard in Islamic law courts.The Government does not officially recognize the Jehovah'sWitnesses, the United Pentecostal Church, the Church of Christ,and the Church of Jesus Christ of Latter-Day Saints, but theyconduct their activities without harassment.Established religions require official government recognitionin order to register property in the name of the church, butmembers may practice their religion without governmentrecognition. In general, Christians do not sufferdiscrimination. Christians hold cabinet and other governmentpositions and are represented in the media and academiaapproximately in proportion to their presence in the generalpopulation. In the military, Circassians are overrepresentedin certain units. Christian and Baha'i schoolchildren inpublic schools are not required to participate in Islamicreligious instruction. People with DisabilitiesThe Government passed legislation in 1993 requiring futurepublic buildings to accommodate the needs of the disabled andthe retrofitting of existing public buildings, butimplementation has been slow. High unemployment in the generalpopulation restricts job opportunities for the disabled.Private organizations and members of the royal family activelypromote programs to educate and rehabilitate the disabled.Section 6 Worker Rights a. The Right of AssociationWorkers in the private sector and in some state-owned companieshave the right to establish and join unions. Unions must beregistered to be considered legal. The law prohibits unionmembership for noncitizens. About 25 percent of the work forceis organized into 17 unions. Although union membership in theJordan Federation of Trade Unions (JFTU), the sole tradefederation, is not mandatory, all unions belong it. TheGovernment subsidizes and audits the JFTU's salaries andactivities. Union officials are elected by secret ballot to2-year terms. Although the Government co-sponsors and approvesthe timing of these elections, it does not interfere in thechoice of candidates. Unions may not affiliate withinternational bodies.Labor laws prohibit strikes if a labor dispute is undermediation or arbitration. If a settlement is not reachedthrough mediation, the Ministry of Labor may refer the disputeto an industrial tribunal by agreement of both parties. Ifonly one party agrees, the Ministry of Labor refers the disputeto the Council of Ministers and then to Parliament. Thetribunal is an independent arbitration panel of judgesappointed by the Ministry of Labor. The decisions of the panelare legally binding. Labor law prohibits employers fromdismissing a worker during a labor dispute. There were noknown strikes in 1994. b. The Right to Organize and Bargain CollectivelyUnions have, and exercise, the right to bargain collectively.The Constitution prohibits antiunion discrimination, but theInternational Confederation of Free Trade Unions claims thatthe Government does not adequately protect employees fromantiunion discrimination, and that the Government has dismissedpublic-sector employees for political reasons. Workers maylodge complaints about antiunion discrimination with theMinistry of Labor, which is authorized to order thereinstatement 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 Aqabaand Zarqa. Private sector employees in these zones belong toone national union that covers both zones and have the right tobargain collectively. c. Prohibition of Forced or Compulsory LaborThe Constitution forbids compulsory labor, except in a state ofemergency such as war or natural disaster. Compulsory labor isnot practiced. d. Minimum Age for Employment of ChildrenLabor law forbids children under the age 16 from working exceptas apprentices, beginning part-time training--6 hours a day, nonight shift--at age 13. Ministry of Labor inspectors attemptto enforce the law on child labor, but in practice theenforcement often does not extend to some small familybusinesses which employ underage children. Education iscompulsory to age 15. Families in remote areas frequently keepsome school age children at home to work. e. Acceptable Conditions of WorkThere is no national minimum wage. The Government periodicallyadjusts a minimum wage schedule for various trades, based onrecommendations of an advisory panel representing workers,employers, and the Government. The lowest minimum wage rate onthe schedule is about $140 a month, including allowances.Workers earning the lowest wage find it difficult to stay abovethe poverty level, which the Government estimates at a monthlywage of about $86 per month for a family of three.The law prohibits most workers from working more than thecustomary 48 hours a week--54 hours for hotel, restaurant, andcinema employees. Workers may not work more than 16 hours inany continuous period or more than 60 hours' overtime permonth. Employees are entitled to 1 day off each week. The lawdoes not apply to domestic servants, who do not have a legalforum to address their labor grievances. Domestic servants,almost all of whom are foreigners, have no standing to sue incourt for nonpayment of wages.The law specifies a number of health and safety requirementsfor workers, including the presence of bathrooms, drinkingwater, and first aid equipment at work sites. The Ministry ofLabor makes an effort to enforce health and safetyrequirements, but is hampered by the lack of qualifiedinspectors. The inspectors do not have the power to orderfirms to comply with health and safety standards. The law doesnot require employers to report industrial accidents oroccupational diseases to the Ministry of Labor.</text>
</content>
<name>Jordan </name>
<script></script>
</card>
card_36934.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: JAPAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 People with DisabilitiesJapan has no national law protecting the rights of thedisabled, including access and employment, but some prefecturesand cities have enacted their own legislation addressing theissue. Despite growing awareness of the issue, access topublic transportation, "mainstream" public education, and otherfacilities is often quite limited for the disabled in Japan.Section 6 Worker Rights a. The Right of AssociationThe right of workers to associate freely in unions is assuredby the Constitution. Approximately 24 percent of the activework force belongs to unions. Unions are free of governmentcontrol and influence. The Japanese Trade Union Confederation(RENGO), which represents 8 million Japanese workers and wasformed in 1989 through the merger of several confederations, isJapan's largest labor organization. There is no requirementfor a single trade union structure, and there are norestrictions on who may be a union official. Members of thearmed forces, police, and firefighters, however, are notpermitted to form unions or to strike. Most unions areinvolved in political activity as well as labor relations butare not controlled by political parties.Unions are active in international bodies, most notably theInternational Confederation of Free Trade Unions, and maintainextensive international contacts. The right to strike,implicit in the Constitution, is exercised. During 1993,116,000 worker days were lost to strikes. Japanese lawsprohibit retribution against strikers and are effectivelyenforced. 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 basedon a recommendation by the independent National PersonnelAuthority. b. The Right to Organize and Bargain CollectivelyThe Constitution gives unions the right to organize, bargain,and act collectively. These rights are exercised freely, andcollective bargaining is practiced widely. The annual "SpringWage Offensive," in which individual unions in each industryconduct negotiations simultaneously with their firms, involvesnationwide participation. Japanese management usually consultsclosely with its enterprise union. However, trade unions areindependent of management and aggressively pursue the interestsof their workers. Antiunion discrimination is prohibited bylaw and adequate mechanisms exist for resolving such cases asdo exist. A high-profile example still pending concerns theprivatization of the national railway system in 1986. The EastJapan Railway Company and some of the other private successorcompanies of the Japan National Railway refused to offeremployment to thousands of former employees who were unionmembers. Fourteen cases related to this matter have been filedwith the Central Labor Commission. Two have been decided infavor of the workers but are under appeal by management, andthe other 12 were still pending at year's end.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe Labor Standards Law prohibits the use of forced labor, andthere are no known cases of forced or compulsory labor. d. Minimum Age for Employment of ChildrenUnder the revised Labor Standards Law of 1987, minors under 15years of age may not be employed as workers, and those underthe age of 18 years may not be employed in dangerous or harmfulwork. The Labor Inspection Division of the Ministry of Laborrigorously enforces child labor laws. e. Acceptable Conditions of WorkThe Minister of Labor or the Director of the Prefectural LaborStandards Office administratively determines minimum wages,based usually on the recommendation of the Tripartite MinimumWage Council. Minimum wage rates vary by industry and region.In the Tokyo area, a steelworker's rate is $6.25 (620 yen) perhour. The wage rates are sufficient to provide workers andtheir families with a decent living. Amendments to the LaborStandards Law provided for the phased reduction of maximumworking hours in most industries from the 44-hour, 6-dayworkweek to 40 hours in 1994.The Ministry of Labor effectively administers various laws andregulations governing occupational health and safety, principalamong which is the Industrial Safety and Health Law of 1972.Standards are set by the Ministry of Labor and issued afterconsultation with the Standing Committee on Safety and Healthof the Tripartite Labor Standards Commission. Labor inspectorshave the authority to suspend unsafe operations immediately,and the law provides that workers may voice concerns overoccupational safety and remove themselves from unsafe workingconditions without jeopardizing their continued employment.</text>
</content>
<name> </name>
<script></script>
</card>
card_36756.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: JAPAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 JAPANJapan is a parliamentary democracy based on a 1947Constitution. Sovereignty is vested in the people, and theEmperor is defined as the symbol of state. Executive power isvested in a cabinet, composed of a prime minister and ministersof state, responsible to the Diet, Japan's two-houseParliament. The Diet, elected by universal suffrage and secretballot, designates the Prime Minister, who must be a member ofthat body. In the lower house general election in July 1993,the Liberal Democratic Party (LDP) lost its majority for thefirst time in 38 years. The Government, formed in June 1994,is a three-party coalition consisting of the LDP, the SocialDemocratic Party of Japan, and the new party Sakigake. Thejudiciary is independent of the Government.A well-organized and disciplined police force generallyrespects the human rights of the populace and is firmly underthe control of the civil authorities. However, there continuedto be credible reports of harsh treatment of some suspects incustody.Japan's industrialized free market economy is highly efficientand competitive in world markets. In 1994 the economy began torecover from a recession that began in 1991.A just and efficient legal system generally assures observanceof constitutionally provided human rights. However, theBurakumin (a group historically treated as outcasts), the Ainu(Japan's indigenous people), women, and alien residentsexperience varying degrees of discrimination, some of it severeand of long standing. There also continue to be reports ofphysical and psychological abuse of prisoners or detainees.Officials are sometimes dismissed for such abuse but are seldomtried, convicted, and imprisoned.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicialkillings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution provides for freedom from torture and cruel,inhuman, or degrading treatment or punishment. However,reports by several Japanese bar associations and some prisonersindicate that police sometimes use physical violence, includingkicking and beating, as well as psychological intimidation,including threats and name calling, to obtain confessions fromsuspects in custody or to enforce discipline. In Japan,confession is regarded as the first step in the rehabilitativeprocess. Roughly 85 percent of all criminal cases going totrial include confessions, reflecting the priority that thesystem places on admissions of guilt. The Government alsopoints out that the high percentage of confessions, like thehigh conviction rate, is reflective of a higher standard ofevidence needed to bring about indictment in the Japanesesystem. Appellate courts have overturned several convictionsin recent years on the ground that they were obtained as aresult of forced confession. In addition, civil and criminalsuits have been brought against some police and prosecutionofficials, alleging abuse during interrogation and detention.While many of these cases are still pending, one Tokyo publicprosecutor was dismissed and two resigned in 1994 in separateincidents of alleged assaults on witnesses during questioning.One of the prosecutors involved has been indicted, and theState has agreed to compensate one of the victims.The National Bar Association and human rights groups havecriticized the prison system, with its emphasis on strictdiscipline and obedience to numerous rules. Guards sometimesselectively enforce rules and impose punishment, including"minor solitary confinement," which may be imposed for at least1 and not more than 60 days and in which the prisoner is madeto sit (for foreigners) or kneel (for Japanese) motionless inthe middle of an empty cell.Some human rights groups allege that physical restraints, suchas leather handcuffs, have been used as a form of punishmentand that prisoners have been forced to eat and relievethemselves unassisted while wearing these restraints. Ministryof Justice officials state that restraints are only used insidethe prison when prisoners have been violent and pose a threat tothemselves and others, or when there is concern about anattempt to escape. d. Arbitrary Arrest, Detention, or ExileConstitutional provisions for freedom from arbitrary arrest orimprisonment are respected in practice. Japanese law providesfor judicial determination of the legality of detention.Persons may not be detained without charge, and prosecutingauthorities must be prepared to demonstrate before trial thatprobable cause exists to detain the accused. Under the Code ofCriminal Procedure, a suspect may be held in police custody forup to 72 hours without judicial proceedings. This period maybe extended by a judge for up to 20 additional days forpreindictment investigation. If an indictment follows, thesuspect is transferred to a criminal detention facility. Bailis available in only about 25 percent of cases.The Bar Association and human rights groups have criticized thepractice of "substitute detention." While Japanese lawstipulates that suspects should be held in "houses ofdetention" between arrest and sentencing, a police detentionfacility may be substituted at the order of the court. Thisprovision was originally added to facilitate investigation andcover a shortage of normal detention facilities. However,according to a 1994 Ministry of Justice report, normaldetention facilities were filled to only 60 percent of capacityin 1993. Critics charge that allowing suspects to be detainedby the same authorities that interrogate them heightens thepotential for detainee abuse and coercion. The Governmentcounters that adequate safeguards to prevent abuse, includingstrong judicial oversight, have been built into the system.The length of time before a suspect is brought to trial dependson the nature of the crime but rarely exceeds 2 months fromdate of arrest; the average is 1 to 2 months. Critics chargethat access to counsel is limited both in duration andfrequency, although the Government denies that this is thecase. The Criminal Procedure Code grants the prosecution andinvestigating police officials the power to control access toattorneys before indictment when deemed necessary for the sakeof the investigation. As a court-appointed attorney is notapproved until after indictment, suspects must rely on theirown resources to hire an attorney for counseling beforeindictment. In addition, counsel may not be present duringinterrogation at any time before or after indictment. Beyondthis, the Government affirms that the right of the accused toseek legal counsel is fully respected and that attorneys arealmost always able to see clients without obstruction. Somelocal bar associations provide detainees with a free counselingsession prior to indictment. Counsel is provided at governmentexpense after indictment if the arrested person cannot affordone.Preventive detention does not exist. e. Denial of Fair Public TrialThe Government respects in practice the constitutionalprovisions for the right to a speedy and public trial by animpartial tribunal in all criminal cases. The defendant isinformed of charges upon arrest and assured a public trial byan independent civilian court with defense counsel and theright to cross-examination. The Constitution assuresdefendants the right not to be compelled to testify againstthemselves as well as free and private access to counsel,although the right to such access is sometimes abridged inpractice. For example, the law allows prosecutors to controlaccess to counsel before indictment, and there are persistentallegations of coerced confessions. Defendants are alsoprotected from the retroactive application of laws and have theright of access to incriminating evidence after a formalindictment has been made. However, Japanese law does notrequire full disclosure by the prosecutor, and material thatwill not be used in court by the prosecution may besuppressed.The judiciary is independent and free from executive branchinterference. Judges are appointed by the Cabinet for 10-yearterms, which can be renewed until judges have reached the ageof 65. Justices of the Supreme Court can serve until the ageof 70 but face periodic review through popular referendum. Adefendant who is dissatisfied with the decision of a trialcourt of first instance may, within the period prescribed bylaw, appeal to a higher court. There are several levels ofcourts, with the Supreme Court serving as the highest judicialauthority. There is no trial by jury in Japan.There are no political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceUnder the Constitution, each search or seizure must be madeupon separate warrant issued by a judge. Standards for issuingsuch warrants exist to guard against arbitrary searches. Therewere no reports that the Government or any other organizationarbitrarily interfered with privacy, family, home, orcorrespondence.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution, an independent press and judiciary, and afunctioning democratic political system combine to ensurefreedom of speech and press. b. Freedom of Peaceful Assembly and AssociationThese freedoms are provided for in the Constitution andrespected in practice. c. Freedom of ReligionFreedom of religion is provided for in the Constitution andrespected in practice. While Buddhism and Shintoism remain thetwo major religions, there are many others, including severalChristian denominations. Foreign missionaries are welcome andgain admission to Japan through a specific visa category forforeign religious workers. Some temples and shrines receivepublic support as national historic or cultural sites. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationJapanese citizens have the right to travel freely both withinJapan and abroad, to change their place of residence, toemigrate, and to repatriate voluntarily. Japanese nationalitymay be lost by naturalization in a foreign country or failureto elect Japanese nationality at the required age.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentJapanese citizens have the right and ability peacefully tochange their government. A parliamentary democracy, Japan isgoverned by the political party or parties able to form amajority in the lower house of its bicameral Diet. From 1955until 1993, all prime ministers and almost all cabinetministers were members of the Liberal Democratic Party (LDP),which enjoyed a majority in the lower house throughout thisperiod. From August 1993 to June 1994, non-LDP coalitionsgoverned the country. The current three-party coalitiongovernment includes the LDP but is headed by a Prime Ministerfrom the Japan Socialist Party. Local and prefecturalgovernments are often controlled by coalitions.Elections on all levels are held frequently; suffrage isuniversal; and ballots are secret.Postwar population movements contributed to significantimbalances in size among parliamentary electoral districts. InJune, however, the Diet approved legislation reducing themaximum voting weight disparity among upper house districts ofthe Diet from almost six-and-a-half to one to less than five toone. In November 1994 the Diet passed legislation reducing themaximum voter weight disparity to approximately two to one inlower house districts. In addition, the new legislationprovides that two-fifths of lower house members will be electedin proportional races which, in effect, further reducesmalapportionment.There are no legal or de facto impediments to women'sparticipation in government and politics, but culturalattitudes are not favorable to their participation. Women hold14 seats in the 511-member lower house of the Diet, and 38seats in the 252-member upper house. The 21-member Cabinetincludes only 1 female member. Women make up nearly 20 percentof all government workers but hold less than 1 percent of top(section chief and higher) government posts. In 1994 the PrimeMinister's office promulgated an action plan to increase theratio of women in leadership positions on government advisorypanels to 30 percent by fiscal year 1995. However, the targetwas later cut to 15 percent, a step apparently reflectingslower than anticipated progress. Only 40 of the 201 existingpanels currently meet the 15-percent target.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsLocal human rights organizations function freely, with nogovernmental restrictions or impediments. International humanrights nongovernmental organizations have been allowed to workfreely in Japan, although the Government restricts access toprisons and detention facilities by human rights groups.The Civil Liberties Bureau in the Ministry of Justice and theHuman Rights and Refugee Division in the Ministry of ForeignAffairs monitor problems relating to human rights practices inJapan. The Civil Liberties Bureau also commissions privatecitizens, nominated by prefectural governments, to investigatecharges of discrimination.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenThe position of women in society, although significantlyimproved during the last few decades, continues to reflectdeep-seated traditional values that assign women a subordinaterole in the workplace. Although discrimination by privateemployers against women is prohibited by the Constitution, itpersists. Legislation has been enacted over the past 30 yearsto accord women the same legal status as men. The EqualEmployment Opportunity Law of 1986 was aimed at eliminating sexdiscrimination in such areas as recruitment, pay, and workinghours. 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 Laborattempts to encourage corporate compliance with its objectivesby positive inducements, including subsidies; it does notenforce compliance through fines or other punitive measures.As part of their lower overall intake of new employees becauseof recessionary pressures, some companies announced that theywould hire no women in 1994; other companies did not announcesuch a policy but reduced the percentage of women hired forentry-level positions.Significant disparities in pay and access to managerialpositions persist for women, who comprise over 40 percent ofthe employed population. Several cases are pending whichchallenge management's allegedly biased use of Japan'stwo-track (general versus administrative) system in hiringwomen employees. Initially designed to create a "career" trackfor employees while maintaining a separate "clerical" track,observers say the system is used to discriminate against women,who traditionally have not been hired for managerialpositions. While the Labor Standards Law prohibits employersfrom discriminating against women in wages, it does not bandisproportionate hiring into different career tracks based ongender. A 1994 Ministry of Labor report noted that the averagewage of women workers is less than 60 percent of that of menand that women account for only 4.1 percent of management postsin the country. An increasing number of women have fileddiscrimination suits and have protested unfair hiring practicesof Japanese firms.Public awareness of discrimination against women and sexualharassment in the workplace has increased. A growing number ofgovernment entities are establishing hot lines and designatingombudsmen to handle complaints of discrimination and sexualharassment. Nevertheless, sexual discrimination andstereotyping in the workplace continue to be major problems forwomen.Violence against women, particularly domestic violence, oftenmay go unreported due to social and cultural concerns aboutshaming one's family or endangering the reputation of one'sspouse or offspring. Typically, victimized women more oftenreturn to the home of their parents rather than file reportswith authorities. Therefore, Ministry of Justice statistics onviolence against women undoubtedly understate the scope of thecurrent situation. Many local governments are respondingpositively to a need for confidential assistance byestablishing special women's consultation departments in policeand prefectural offices.Recent immigration trends reflect the growing problem oftrafficking of Asian women to Japan. While the number ofillegal male workers has decreased from its peak in November1992, the number of illegal female workers continued toincrease. Human rights groups estimate that over 60 percent ofillegal female immigrants work in occupations involvingprostitution. The Government is working to reduce the foreignprostitution problem by enforcing existing antiprostitutionlaws as well as provisions in the Immigration Control andRefugee Recognition Act directed against anyone "encouraging aperson to engage in illegal work." Over the past year, police,especially in Tokyo, have conducted a number of sweeps againstboth foreign prostitutes and their employers.In August 1993, the Japanese Prime Minister officiallyacknowledged and apologized for the former Imperialgovernment's involvement in the Japanese army's practice offorcing an estimated 200,000 women (including Koreans,Filipinos, Chinese, Indonesians, Burmese, Dutch, and Japanese)to provide sex to soldiers between 1932 and 1945. Currentplans by the Government to atone for these abuses do notinclude direct government compensation to surviving "comfortwomen." Two cases are pending in Tokyo District Court--onebrought by 3 Korean plaintiffs and the other by 18 Filipinoplaintiffs--seeking compensation for these abuses, but adecision in these cases is likely to take years. ChildrenIn general the rights of children are adequately protected. Inrecent years, however, more attention has been paid to theproblem of severe bullying, or "ijime," involving verbal orphysical abuse in middle and high schools. Over 10,000 seriouscases of ijime are reported to the Ministry of Educationannually, although human rights organizations estimate that thetrue number of such incidents is much higher. In 1993, 92children under the age of 14 committed suicide, many apparentlyin response to ijime. In an effort to cope with ijime, as wellas with other children's issues, the Ministry of Justiceestablished the Office of Ombudsman for Children's Rights inAugust 1994. Indigenous PeopleThe Ainu, a Caucasoid people descended from the firstinhabitants of Japan, now probably number less than 100,000;almost all of them live on Hokkaido, the northernmost ofJapan's four main islands. Their primary occupations arehunting, fishing, and small-scale farming. A law passed in1899, the Former Aborigines Protection Act, left the Ainu withonly about 15 percent of their original landholdings. Ainuleaders continue to express grievances about this situation.Meanwhile, the Ainu continue to face social discriminationwhile engaging in an uphill struggle against completeassimilation. The Government has done little in response toAinu grievances. An interagency study group opened hearings inJanuary 1990 with the stated goal of reviewing Ainu history andmaking recommendations, but it has been largely moribund. Amilestone was reached on October 13, 1994, when a Sapporodistrict court defined the Ainu as a minority group. However,in November the Ainu failed in their attempt to obtain a courtruling that they are an indigenous people with special land,fishing, and cultural rights.In July Shigeru Kayano became the first Ainu member of the Dietwhen he gained a seat in the House of Councilors. Kayanodeclared his intent to promote Ainu rights legislation in theParliament, but immediate progress appears unlikely. National/Racial/Ethnic MinoritiesThe ethnocentric nature of Japanese society, reinforced by ahigh degree of cultural and ethnic homogeneity and a history ofisolation from other cultures, has impeded the integration ofminority groups. This primarily affects Burakumin, Koreans,and alien workers, against whom social and legal discriminationis widespread.The Burakumin (descendants of feudal era "outcasts" whopracticed "unclean" professions such as butchering andundertaking) are frequently victims of entrenched socialdiscrimination. Their access to private housing, employment,and marriage opportunities has been greatly restricted.Beginning in 1969, the Government introduced with some successa number of social, economic, and legal programs designed toimprove conditions for the Burakumin and hasten theirassimilation into mainstream Japanese society. The Governmenthas extended basic legislation to provide funding for Burakuminprograms until 1997, but the Burakumin continue to lobby for anew law that will expand current programs. In recent years,however, some within the Burakumin community have questionedwhether "assimilation" is an appropriate goal.Despite improvements in Japan's legal safeguards againstdiscrimination, Korean permanent residents (most of whom wereborn, raised, and educated in Japan and who are estimated tonumber approximately 700,000) are still subject to variousforms of deeply entrenched social discrimination. In 1994, asJapanese concerns over North Korea's suspected nucleardevelopment program grew, verbal and physical attacks escalatedagainst pro-North Korean sympathizers until tensions decreasedin midyear. Between April and July, over 120 suchincidents--mostly targeting Korean school students--werealleged by the pro-North Korea Chosen Soren Residents'Association. The Ministry of Justice acknowledged 42 attackson Korean students as "human rights violations" as of June.The Government in 1993 halted the fingerprinting of permanentforeign residents. (A Korean alien resident of Japan who losther permanent resident status because of her refusal to befingerprinted won an appeal to the Fukuoka High Court after thelaw was repealed.) Instead of fingerprinting, the Governmenthas established a family registry system that uses theresident's picture and signature and contains information onparents and spouses living in Japan, a system similar to thatused for Japanese nationals. The current law leaves intact therequirement that all foreign residents must carry alienregistration certificates at all times.In recent years, the Government has enacted several laws andregulations providing permanent resident aliens with equalaccess to public housing and loans, social security pensionsfor those qualified, and certain public employment rights.Some immigrants reportedly face police harassment anddiscrimination in obtaining housing, jobs, and health care. Inrecognition of the difficulties faced by foreigners in theseareas, Tokyo city has issued a law to prevent housingdiscrimination against foreigners. There have also beenefforts by the central and local governments to disseminateinformation on health insurance plans to enroll foreigners intothe system. Some communities are using existing social welfareprograms to cover emergency medical expenses incurred byuninsured foreign visitors.The January 1991 Memorandum Between the Japanese and SouthKorean Governments extended employment rights to localgovernment positions, giving each locality the authority todecide which jobs may be held by non-Japanese nationals. Localgovernments are also being urged by the Government to allowKorean residents to take the Teacher Entrance Examination andto employ them on a full-time basis. Private-sector employmentand social discrimination are still common. Antidiscriminationlaws affecting Korean residents were initiated as governmentguidance and are not backed up by penalty provisions. In thefirst court test of Japan's antidiscrimination laws, inSeptember a second-generation Korean nurse sued the Tokyometropolitan government on the grounds that she had beenrefused consideration for promotion because she is notJapanese. At year's end the case was still pending.According to law, aliens with 5 years of continuous residenceare eligible for naturalization and the simultaneousacquisition of citizenship rights, including the right tovote. In fact, however, most eligible aliens choose not toapply for citizenship, in part due to fears that their culturalidentity would thereby be lost. De facto obstacles tonaturalization include broad discretion available toadjudicating officers and great emphasis on Japanese languageability.The Immigration Bureau of the Justice Ministry estimates that,as of May 1994, there were 293,800 foreign nationals residingillegally in Japan, a decrease of 1.6 percent from the previousyear. Many are laborers from Southeast Asia, China, Iran, andSouth Korea.While many of Japan's illegally resident foreigners came insearch of better-paying manufacturing and construction jobs,there are indications that these opportunities decreased duringJapan's economic slowdown. Thus, more of the foreign workersare unemployed or marginally employed. Law enforcement sweepsagainst illegal foreign workers have increased. Activistgroups claim that, with little or no knowledge of the Japaneselanguage or of their legal rights, foreign workers can easilybe discriminated against by employers. Some illegal alienworkers have been exploited. The Government has tried toreduce the inflow of illegal foreign workers by prosecutingemployers. Recent revisions of the Immigration Law provide forpenalties against employers of undocumented foreign workers.Suspected foreign workers may also be denied entry forpassport, visa, and entry application irregularities. TheGovernment continues to study the foreign worker issue, andseveral citizens' groups are working with illegal foreignworkers to improve their access to information on worker rights.Japan has granted asylum in only a small number of cases tothose claiming fear of persecution upon return to theirhomeland. The Government believes that most people seekingasylum in Japan do so for economic reasons. According to theForeign Ministry, from 1982 to August 1994, Japan determinedthat 206 of 1,109 applicants met the required standard forasylum. As for Chinese student dissidents, the Government hasshown flexibility in dealing with visa extensions, though itcontinues 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 todetermine the refugee status of Indochinese asylum seekers, theGovernment changed its position on screening procedures forVietnamese boat people--it will no longer conduct specialscreening procedures for newly arrived boat people and willtreat them as it would all other illegal entrants to Japan.Strict administrative procedures contribute to the roughly20-percent rate of approval of asylum applications. Forexample, appeals of initial denials are reviewed by a separateauthority of the same body, and decisions are rarelyoverturned. Asylum seekers and some critics claim that theprocessing of asylum applications is not readilyunderstandable, making it difficult for applicants to complywith government procedures. Also, the Government's "60-dayrule" requires applicants to appear at an immigration officewithin 60 days of arrival or within 60 days of the time theylearn they are likely to be persecuted in their home country;most asylum seekers arrive in Japan without knowledge of thisrequirement and can inadvertently waive their claim by notacting promptly. In an effort to make procedures clearer toapplicants, the Government has revised the English-languagepamphlet it distributes to those interested in the asylumprocess.</text>
</content>
<name>Japan </name>
<script></script>
</card>
card_36389.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: JAMAICA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 JAMAICAJamaica 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere 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 PunishmentThe 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 ExileParliament 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 TrialThere 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 CorrespondenceThe 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 PressThe 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 AssociationThe 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 ReligionFreedom of religion is well established in law and practice. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe 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 GovernmentJamaicans 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 RightsThere 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 StatusThe Constitution prohibits discrimination on grounds of race, place of origin, political opinion, color, or creed. WomenThe 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. ChildrenThe 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 DisabilitiesThere 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 AssociationThe 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 CollectivelyThe 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 LaborThe 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 ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Jamaica </name>
<script></script>
</card>
card_36277.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ITALY HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 ITALYItaly 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingIn 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. DisappearanceThere were no reports of disappearance. c. Torture or Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe 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 ReligionThe 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 RepatriationCitizens 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 GovernmentAll 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 RightsThe 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 StatusThe 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. WomenSome 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. ChildrenSocietal 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 MinoritiesImmigrants 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 DisabilitiesA 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 AssociationThe 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 CollectivelyThe 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 LaborThe law prohibits forced or compulsory labor, and it does not occur. d. Minimum Age for Employment of ChildrenThe 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 WorkMinimum 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.</text>
</content>
<name>Italy </name>
<script></script>
</card>
card_35986.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ISRAEL AND THE OCCUPIED TERRITORIES* HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationWorkers may join and establish labor organizations freely.Israeli Arabs may establish their own unions but have not doneso. Most unions belong to the General Federation of Labor inIsrael, or Histadrut, or to a much smaller rival federation.These organizations are independent of the Government. About70 percent of the work force are members of Histadrut tradeunions; still more are covered by Histadrut's social andinsurance programs and collective bargaining agreements.Histadrut members democratically elect national and localofficers and officials of its affiliated women's organization,Na'amat, from political party lists. Plant or enterprisecommittee members are elected individually.The right to strike is exercised regularly. Unions mustprovide 15-days' notice prior to a strike unless otherwisespecified in the collective bargaining agreement. However,unauthorized strikes occur. Strike leaders--even thoseorganizing illegal strikes--are protected by law. If essentialpublic services are affected, the Government may appeal tolabor courts for back-to-work orders while the parties continuenegotiations.Strikes in 1994 were concentrated in the public sector, andincluded a 12-week strike by the Academics' Union that forcedthe closure of 3 universities, and 4 days of work stoppages byemployees protesting privatization of the national telephonecompany. Significant work stoppages also took place in thedefense 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 unionsformalized their ongoing dialog. Palestinians from the WestBank and Gaza Strip who work in Israel may not join Israelitrade unions or organize their own unions in Israel.Palestinian trade unions in the occupied territories are notpermitted to conduct activities in Israel (see Section 6.a. ofthe annex). However, nonresident workers in the organizedsector are entitled to the protection of Histadrut workcontracts and grievance procedures. They may join, vote for,and be elected to shop-level workers' committees if theirnumbers in individual establishments exceed a minimumthreshold. Palestinian participation in such committees isminimal.Labor laws apply to Palestinians in East Jerusalem and to theSyrian Druze living on the Golan Heights. b. The Right to Organize and Bargain CollectivelyIsraeli workers fully exercise their legal rights to organizeand bargain collectively. While there is no law specificallyprohibiting antiunion discrimination, the basic law againstdiscrimination could be cited to contest discrimination basedon union membership. No antiunion discrimination has beenreported.Nonresident workers may not organize their own unions or engagein collective bargaining, but they are entitled to berepresented by the bargaining agent and protected by collectivebargaining agreements. They do not pay union membership feesbut pay a 1-percent agency fee which entitles them to unionprotection by Histadrut's collective bargaining agreements (seeSection 6.b. in the annex). The Ministry of Labor may extendcollective bargaining agreements to nonunionized workplaces inthe same industrial sector. The Ministry of Labor alsooversees personal contracts in the nonorganized sectors of theeconomy.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe law prohibits forced or compulsory labor. Neither Israelicitizens nor nonresident Palestinians working in Israel aresubject to this practice. d. Minimum Age for Employment of ChildrenA child who has attained the age of 15 years and who is liableto compulsory education under the Compulsory Education Law, maynot be employed unless he works as an apprentice under theApprenticeship Law. Notwithstanding these provisions, a childwho has completed his 14th year may be employed during a periodof official school holidays. Employment of those aged 16 to 18is restricted to ensure time for rest and education.The labor exchanges do not process work applications for WestBank or Gaza Palestinians under age 17, and higher agerequirements are often imposed for security reasons. Ministryof Labor inspectors enforce these laws, but advocates ofchildren's rights claim that enforcement is inadequate. e. Acceptable Conditions of WorkLegislation in 1987 established a minimum wage at 45 percent ofthe average wage, calculated periodically and adjusted for costof living increases. As of October 1994, the monthly minimumwage was $540 (1,624 new shekels). The minimum wage is oftensupplemented by special allowances and is generally sufficientto provide workers and their families an acceptable standard ofliving. Union officials have expressed concern overenforcement of minimum wage regulations, particularly withrespect to employers of illegal nonresident workers, whosometimes pay less than the minimum wage.By law, maximum hours of work at regular pay are 47 hours aweek, 8 hours per day, and 7 hours on the day before the weeklyrest, which must be at least 36 consecutive hours and includethe Sabbath. By national collective agreements, the privatesector established a maximum 45-hour workweek in 1988. Thepublic sector moved to a 5-day, 42 1/2 hour workweek in 1989.Employers must receive a government permit to hire nonresidentworkers from the occupied territories, certifying that noIsraeli citizen is available for the job. All Palestiniansfrom the occupied territories are employed on a daily basisand, unless they are employed on shiftwork, are not authorizedto spend the night in Israel. Palestinians without valid workpermits are subject to arrest.Nonresident workers are paid through the employment service ofthe Ministry of Labor which disburses wages and benefitscollected from employers. The Ministry deducts a 1 percentunion fee and the workers' contributions to the NationalInsurance Institute, the agency that administers the Israelisocial security system. Despite these deductions, Palestinianworkers do not have access to unemployment insurance, generaldisability payments, low-income supplements, child allotmentsor maternity leave. By contrast Israeli settlers in theoccupied territories who work in Israel have the same benefitsas other Israeli workers. The International Labor Organizationhas long criticized this inequality in entitlements.Along with union representatives, the Labor Inspection Serviceenforces labor, health, and safety standards in the workplace,although resource constraints affect overall enforcement.Legislation protects the employment rights of safety delegateselected or appointed by the workers. In cooperation withmanagement, these delegates are responsible for the safety andhealth of the workplace. Workers do not have the legal rightto remove themselves from dangerous work situations withoutjeopardy to continued employment. However, collectivebargaining agreements provide some workers with recoursethrough the work site labor committee. Any worker maychallenge unsafe work practices through appropriate governmentoversight and legal agencies.</text>
</content>
<name> </name>
<script></script>
</card>
card_35672.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ISRAEL AND THE OCCUPIED TERRITORIES* HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 ISRAEL AND THE OCCUPIED TERRITORIES*Israel is a parliamentary democracy with a multiparty systemand 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 limitthe authority of the executive branch. The judiciary isindependent. Public debate is open and lively, and a freepress scrutinizes all aspects of society and politics.Since its founding in 1948, Israel has been in a state of warwith most of its Arab neighbors. It concluded a peace treatywith Egypt in 1979 and with Jordan in 1994. As a result of the1967 war, Israel occupied the areas of the West Bank, the GazaStrip, the eastern sector of Jerusalem, and the Golan Heights.Throughout its existence, Israel has experienced numerousterrorist attacks. It relies heavily on its military andsecurity services and retains many security-related regulationsfrom the period of the British Mandate.On September 13, 1993, Israel and the Palestine LiberationOrganization (PLO) signed an historic Declaration ofPrinciples. This process of reconciliation led to significantdevelopments in 1994, first and foremost being the Mayagreement leading to the establishment of a PalestinianAuthority (PA) in the Gaza Strip and Jericho area, and theAugust agreement on "early empowerment" (the Agreement onPreparatory Transfer of Powers and Responsibilities) (see theannex to this report).Internal security is the responsibility of the General SecurityService (Shin Bet), which is under the authority of the PrimeMinister's office. The police are under the authority of adifferent minister. The Israel Defense Forces (IDF) is underthe authority of a civilian Minister of Defense. It includes asignificant portion of the adult population on active duty orreserve status and plays a role in maintaining internalsecurity. The Foreign Affairs and Defense Committee in theKnesset reviews the activities of the IDF and Shin Bet.Israel has a market economy and enjoys a relatively highstandard of living. The economy has grown by an average of 5percent a year in the past several years. Unemployment is 7.5*The human rights situation in the West Bank, Gaza, and EastJerusalem 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 reducingstate intervention in the economy. Much progress has been madein liberalizing capital markets, but privatization and labormarket reform have progressed more slowly. Despite thecontinued dominant role of the Government in the economy,individuals are largely free to invest in private interests andown property.Positive human rights developments, in addition to theimplementation of Israel-PLO agreements, included the releaseof thousands of Palestinians detainees and prisoners frommilitary and civil facilities. Israeli citizens enjoy a widerange of civil and other rights. Israel's main human rightsproblems arise from its policies and practices in the occupiedterritories. In addition, while the Government's statedintention is to close the social and economic gap between Araband Jewish citizens, Arab citizens still do not share fully inthe rights granted to, and the levies imposed on, Jewishcitizens.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingPolitical killings in Israel are neither practiced nor condonedby Israeli authorities. In the context of extreme politicaltension between Israel and the Palestinians, intercommunalkillings are often assumed to have a political motivation. In1994 the number of such killings of Israelis committed inIsrael rose to 52, as extremists on both sides sought todisrupt the peace process.On April 6, a Palestinian car bomber in a suicide attack killed7 and injured at least 50 at a bus stop in the Israeli city ofAfula, and on April 13 a bomb in the central bus station inHadera killed 5 persons and wounded as many as 20. On October19, a suicide bomber aboard a Tel Aviv bus killed some 22people and injured more than 40. Another suicide bomber killedhimself and injured 12 at a Jerusalem bus stop on December 25.In other violence, a Jewish settler armed with an automaticrifle attacked a morning prayer service at the Ibrahim Mosque,also known as the Tomb of the Patriarchs, in the West Bank cityof Hebron on February 25, killing at least 29 Arab worshippers. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough Israeli laws and administrative regulations prohibitsuch practices, there are credible reports that securityofficers abuse Palestinian detainees (See annex for adiscussion of mistreatment of prisoners from the occupiedterritories incarcerated in detention facilities located inIsrael).Incarceration facilities in Israel and the occupied territoriesare administered by either the Israeli Prison Service (IPS),the national police, or the Israel Defense Forces (IDF).Although conditions vary, all facilities are monitored byvarious branches of the Government, by members of the Knesset,the International Committee of the Red Cross (ICRC), and manyhuman 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 deniedcertain privileges given to prisoners convicted on criminalcharges. Overcrowding is the most severe problem in allfacilities.IPS prisons conform to general international standards whichpermit inmates to receive mail, have televisions in theircells, and receive regular visits. Prisoners receive wages forprison work and benefits for good behavior. Many IPS prisonshave religious and drug-free wards and educational andrecreational program.Police detention facilities are intended for pretrialdetentions but are often used as de facto jails, holdingdetainees for several months because of court backlogs.Inmates are often not accorded the same rights and livingconditions as prisoners in the IPS facilities. Some policedetention facilities can fall below generally accepted minimuminternational standards.Detention camps administered by the IDF are limited to malePalestinian security prisoners and are guarded by armedsoldiers. The number of security prisoners dropped sharply in1994, after the Government released over 5,400 Palestiniandetainees. Conditions in the camps do not meet minimuminternational standards and threaten the health of the inmates.Many camps continue to house inmates in unheated tents, even insevere weather conditions. Family visits are restricted in thecamps and recreational facilities are minimal. A petition toclose the Ketziot detention camp, filed by a human rightsorganization before the High Court of Justice in 1993, waswithdrawn in 1994. The number of detainees in the camp haddecreased to about 820 by the end of the year, down from 4,900in 1993. d. Arbitrary Arrest, Detention, or ExileIsraeli law and practice prohibit arbitrary arrest orimprisonment. Writs of habeas corpus and other procedural andsubstantive safeguards are available. Defendants areconsidered innocent until proven guilty. However, a 1979 lawpermits administrative detention without charge or trial. TheMinister of Defense may issue a detention order for a maximumof 6 months. Within 48 hours of issuance, detainees mustappear before a district judge who may confirm, shorten, oroverturn the order. If the order is confirmed, an automaticreview takes place after 3 months. Administrative detentionorders are renewable. Detainees may be represented by counseland appeal detention orders to the Supreme Court. At detentionhearings, the Government may withhold evidence from defenselawyers on security grounds.In felony cases, a district court judge may postpone for 48hours the notification of arrest to the detainee's attorney.The postponement may be extended to 7 days by the Minister ofDefense on national security grounds or by the police InspectorGeneral to conduct an investigation. Moreover, a judge maypostpone notification up to 15 days in national security cases.After the Hebron massacre in February, the authorities placedunder administrative detention several activists of the Jewishultra-nationalist Kach and Kahane Chai Organizations. InSeptember the authorities placed in administrative detention anumber of Israelis, because the Government was concerned thatthey might commit terrorist acts. One of those arrested is amember of the IDF who is being tried by a military court.The Governmemt continues to hold nearly half of the Palestiniandetainees from the occupied territories in detention centers inIsrael. The transfer of prisoners from the occupiedterritories to Israel contravenes article 76 of the FourthGeneva Convention (see Section 1.d. of the annex).The Government acknowledges that it detains 11 Lebanesecitizens and has provided information on the whereabouts of allbut two of them. The disposition of their cases appears linkedto government efforts to obtain information on Israeli militarypersonnel believed to be prisoners of war or missing inLebanon. Another 12 Lebanese prisoners, who had been detainedafter serving their sentences, are no longer in detention.The Government does not exile Israeli citizens (see Section1.d. of the annex). e. Denial of Fair Public TrialThe judicial system is composed of civil, military, religious,labor relations, and administrative courts. The judiciary isindependent. The law provides for the right to a hearing withrepresentation by counsel. The right is observed in practice.All nonsecurity trials are public except those in which theinterests 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 AttorneyGeneral determines the venue in such cases. The prosecutionmust justify closing the proceedings to the public. Defendantshave the right to be represented by counsel even in closedproceedings but may be denied access to some evidence onsecurity grounds. Convictions may not be based on any evidencedenied to the defense. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceAlthough privacy of the individual and the home are generallyprotected by law, authorities sometimes interfere with mail andmonitor telephone conversations. In criminal cases, the lawpermits wiretapping by court order; in security cases, theorder must be issued by the Ministry of Defense. Underemergency regulations, authorities may open and destroy mail onsecurity grounds. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsSee Section 1.g. of the annex.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressIndividuals, organizations, the press, and the electronic mediafreely debate public issues and criticize government officialsand policies. The law authorizes the Government to censor anymaterial reported from Israel or the occupied territoriesregarded as sensitive on national security grounds. However,news printed or broadcast abroad may be reported in Israelwithout censorship. In response to objections from the press,the Government has shown greater flexibility regarding materialwhich may or may not be made public.The Government censors Arabic publications more strictly thanHebrew publications. In August the Ministry of the Interiorclosed the East Jerusalem weekly newspaper, Al-Bayan, becauseof the paper's alleged connections with the terrorist groupHamas. Authorities also prohibited the distribution of thePLO-affiliated Al-Awdah publication for several months.Emergency regulations prohibit anyone from expressing supportfor illegal organizations. The Government occasionallyprosecutes persons for speaking or writing on behalf ofterrorist groups. Such actions are almost always directedagainst Israeli Arabs; no such cases were filed against Jews in1994, but the Kach and Kahane Chai extremist organizations werebanned under provisions of a 1948 antiterrorism act (seeSection 2.b.)All newspapers are privately owned and managed. Newspaperlicenses are valid only for Israel; separate licenses arerequired to distribute publications in the occupiedterritories. Directed by a Government appointee, thequasi-independent Israel Broadcast Authority (IBA) controlstelevision channel 1 and "KOL Israel" radio, both major sourcesof news and information. Six cable companies operate underfranchises granted by councils appointed by the Government.Three companies were awarded franchises in 1993 to start acommercial television channel, Israel's first. Privatelyowned, commercial local radio is also gearing up. Tenders forthe establishment of the first 6 of 17 planned local radiostations have already been made. b. Freedom of Peaceful Assembly and AssociationThe law and court rulings protect the rights of assembly andassociation. The Government may prohibit individuals frombelonging to terrorist groups. After the Hebron massacre inFebruary, the Cabinet invoked the 1948 Ordinance for thePrevention of Terror to ban the ultranationalist Kach andKahane Chai organizations. The decision stipulatedimprisonment for anyone belonging to, or expressing supportfor, either organization. c. Freedom of ReligionThis right is strongly protected by law. Approximately 81percent of Israeli citizens are Jewish. Muslims, Christians,Druze, and members of other minority religions make up theremaining 19 percent. Each recognized religious community haslegal authority over its members in matters of marriage anddivorce. Secular courts have primacy over questions ofinheritance, but parties, by mutual agreement, may bring thecase to religious courts.In the Jewish community, Orthodox religious authorities haveexclusive control over marriage, divorce, and burial, whetherthe subjects are Orthodox Jews or not. Some Conservative,Reform, and secular Jews have objected to such authority.Israeli authorities are not empowered to perform civilmarriages.Missionaries are allowed to work in Israel. According to theMinistry of Justice, the Government has not applied a 1977anti-proselytizing law for several years, which would prohibitanyone from offering or receiving material benefits as aninducement to conversion.The Government permits citizens to visit religious sites orperform religious obligations in Israel and abroad. However,it has prevented Muslim and Christian Palestinians from theoccupied territories from worshipping at holy places in EastJerusalem (see Section 2.c. in the annex). In 1994 theGovernment permitted Muslim citizens over 30 years of age toperform the religious pilgrimage to Mecca, but it deniedpermission to Muslim citizens under 30 years of years of age onsecurity grounds. The Government asserts that travel to SaudiArabia, which is still in a state of war with Israel, is aprivilege and not a right. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens have the freedom of movement except in military orsecurity zones or in instances where they may be confined byadministrative order to their neighborhoods or villages. In1994 the Government issued at least 40 orders limiting themovements of some Jewish settlers in the occupied territories.Citizens are free to travel abroad and to emigrate, providedthey have no outstanding military obligations or are notrestricted by administrative order.The Government welcomes Jewish immigrants, their families, andJewish refugees, to whom it confers automatic citizenship andresidence rights under the Law of Return. This law does notapply to non-Jews or to persons of Jewish descent who haveconverted to another faith.Under the principle of family reunification, successiveGovernments have allowed the return of some Arab refugees whofled Israel in 1948-1949. The Government claims that 100,000Arabs were allowed to return to Israel after the 1949 armisticeagreement, but it has denied the great majority of otherrequests.Section 3 Respect for Political Rights: The Right of Citizens to Change their GovernmentCitizens have the right and ability to change their governmentpeacefully. Israel is a parliamentary democracy, with anactive multiparty system representing a wide range of politicalviews. Relatively small parties, including those whose primarysupport is among Israeli Arabs, regularly win seats in theKnesset, or Parliament. Suffrage is universal for adultcitizens. Elections are by secret ballot. There are no legalimpediments to the participation of women and minorities ingovernment, but they are underrepresented. Eleven women, and 6Arab and 2 Druze citizens serve in the 120-seat Knesset. Twowomen are in the Cabinet, and 2 Israeli Arabs are deputyministers.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsLocal groups publicize human rights issues and litigate cases.The Government is generally responsive to international humanrights groups and receives visits by a wide range of privateand international organizations concerned with human rightssuch as Amnesty International, Middle East Watch, the LawyersCommittee for Human Rights, the International LaborOrganization and others. It hosts and works with a delegationof the International Committee for the Red Cross.Human rights offices at the Ministries of Foreign Affairs,Defense, and Justice respond to inquiries from human rightsgroups and other governments.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Equal Opportunity Employment Law prohibits discriminationon the basis of sex, marital status, or sexual orientation.The Labor Exchange Law prohibits discrimination on the basis ofrace, religion, political beliefs, and age. A general lawprohibits government bodies from practicing discrimination onany of these grounds. WomenThe Equal Opportunity Law requires employers to pay male andfemale workers equal wages for equal work. However, women'sadvocacy groups report that women routinely receive lowerwages, are promoted less often, and have fewer careeropportunities than their male counterparts.The adjudication of personal status law by the religious courtsmeans that women are subject to restrictive interpretations oftheir rights regarding marriage and divorce (see Section2.c.). Women are subject to the military draft but may notserve in combat positions.There was heightened concern in 1994 over violence againstwomen. Women's advocacy groups estimate that 13 women werekilled by their spouses during the year, and that as many as 40Druze or Bedouin women may be killed each year by malerelatives for "family honor" offenses. A survey conducted byone women's group indicated that some 200,000 women suffer fromdomestic violence each year, and that 7 per cent of these arebattered on a regular basis.A special session of the Knesset was held on August 31 todiscuss violence against women. The Government condemns suchviolence and has helped to open 6 shelters for battered womenand has plans to open several others.According to a 1991 law, a district or magistrate court mayprohibit access by violent family members to their property.Women's groups cooperate with legal and social serviceinstitutions to provide women's rights education. There are 7rape crisis centers. In 1993, they received reports of 2,266cases of rape. ChildrenThe Government has a strong commitment to the rights andwelfare of children. While there is no pattern of societalabuse against children, the Government has legislated againstsexual, physical, and psychological abuse of children and hasmandated comprehensive reporting requirements to ensure closeattention to the issue. Child prostitution has been reportedin isolated cases and has been promptly dealt with byappropriate authorities. The police, educational, and socialwelfare officials are responsible for monitoring cases of abuseand administer victim treatment programs.Civil rights groups have expressed concern that female genitalmutilation continues to be practiced among the Bedouin in theNegev region. It is not known if the practice is common. National/Racial/Ethnic MinoritiesThe Government does not provide Israeli Arabs, who constitute18 percent of the population, with the same quality ofeducation, housing, employment, and social services as Jews.Relative to their numbers, Israeli Arabs are underrepresentedin the student bodies and faculties of most universities and inhigher level professional and business ranks. A small numberof Israeli Arabs have risen to responsible positions in thecivil service, generally in the Arab departments of governmentministries.The Government has tried to redress inequities in theallocation of resources to Arab communities, but itacknowledges that gaps remain in education, health,infrastructure development, and public sector employment. A5-week strike by the heads of Arab councils ended in Augustwith agreement by the Ministries of Interior and Finance toreduce the fiscal deficits of the Arab local authorities andinvestigate discrimination in government funding for Arablocalities.In practice, Israeli Arabs are not allowed to work in companieswith defense contracts or in security-related fields. TheIsraeli Druze and Circassian communities, at their initiative,are subject to the military draft, and some Bedouin and otherArab citizens serve voluntarily. Apart from Druze andCircassians, Israeli Arabs are not subject to the draft.Consequently, they have less access than other Israelis tothose social and economic benefits for which military serviceis a prerequisite or an advantage, such as housing,new-household subsidies, and government or security-relatedindustrial employment. Under a government policy whoseimplementation began in January, the social security childallowance for parents who have not served in the military willbe increased over a 3-year period to equal the allowance ofthose who have served in the military.The problem of the legal status of unrecognized Arab villagesremained unresolved in 1994. Residents of the village ofRamyah (see the 1991 and 1992 country reports) continued tonegotiate the future of their village. A bill which wouldallow the pre-1948 residents of the villages of Bir Am andIkrit, or their descendants, to rebuild their houses remainsbefore a Knesset legislative committee. Religious MinoritiesIn general the Government respects freedom of worship andprotects the rights of citizens of all creeds to worshipfreely. In civic areas where religion is a determinantcriterion, such as the religious courts and centers ofeducation, non-Jewish institutions routinely receive less statesupport than their Jewish counterparts. Immigration issignificantly easier for Jews than non-Jews. The Governmentgenerally respects and protects non-Jewish religious sites. People with DisabilitiesThe Government provides a range of benefits, including incomemaintenance, housing subsidies, and transportation support fordisabled 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 enforcementin employment and housing. A law requiring access by thedisabled to public buildings is not widely enforced. There isno law providing people with disabilities with access to publictransportation.</text>
</content>
<name>Israel </name>
<script></script>
</card>
card_35470.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: IRELAND HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 IRELANDThe 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThese 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 ReligionThe 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 RepatriationThere 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 GovernmentA 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 RightsThe 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 StatusExcept 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. WomenWorking 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. ChildrenThe 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 DisabilitiesThere 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 AssociationThe 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 CollectivelyLabor 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 LaborForced labor is prohibited by law and does not occur. d. Minimum Age for Employment of ChildrenThe 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 WorkThere 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.</text>
</content>
<name>Ireland </name>
<script></script>
</card>
card_35077.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: IRAQ HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 1.The Kurds, who make up approximately 20 percent of thepopulation, historically have suffered political and economicdiscrimination, despite the token presence of a small number inthe national Government (see Sections 1.a., 1.b., and 1.g.).Assyrians are an ethnic as well as religious group (see Section2.c.), and speak a distinct language--Syriac. Publicinstruction in Syriac, which was to have been allowed under a1972 decree, has never been implemented. In 1994 the SpecialRapporteur stated that in late 1993 the Government dismissed orexpelled hundreds of Assyrian teachers and students fromuniversities and public positions.Citizens considered to be of Iranian origin must carry specialidentification and are often precluded from desirableemployment. Over the years, the Government has deportedhundreds of thousands of citizens of Iranian origin (seeSection 2.d.). People with DisabilitiesNo information is available on the Government's efforts toassist people with disabilities.Section 6 Worker Rights a. The Right of AssociationAlthough Iraq is a party to the 1919 Constitution of theInternational Labor Organization (ILO), which guarantees thefreedom of association, trade unions independent of governmentcontrol do not exist in Iraq. The Trade Union Organization Lawof June 2, 1987, prescribes a monolithic trade union structurefor organized labor.Workers in private and mixed enterprises and cooperatives--butnot public employees or workers in state enterprises--have theright to join local union committees. The committees areaffiliated with individual trade unions, which in turn belongto the Iraqi General Federation of Trade Unions. The GeneralFederation is linked to the Ba'ath Party, which uses it topromote party principles and policies among union members. TheGeneral Federation also is affiliated with the InternationalConfederation of Arab Trade Unions and the formerlySoviet-controlled World Federation of Trade Unions.The Labor Law of 1987 restricts the right to strike. No strikehas been reported over the past two decades. b. The Right to Organize and Bargain CollectivelyThe right to bargain collectively is not recognized. Salariesfor public sector workers (the majority of the employed) areset by the Government. Wages in the much smaller privatesector are set by employers or negotiated individually withworkers.The Labor Code does not protect workers from antiuniondiscrimination, a failure that has been criticized repeatedlyby the ILO's Committee of Experts. There are no exportprocessing zones in Iraq. c. Prohibition of Forced or Compulsory LaborCompulsory labor is theoretically prohibited by law. However,the Penal Code stipulates prison sentences, includingcompulsory labor, for civil servants and employees of stateenterprises accused of breaches of labor "discipline,"including resigning from the job. According to the ILO,foreign workers in Iraq have been prevented from terminatingtheir employment to return to their native countries because ofgovernment-imposed penal sanctions on persons who do so. d. Minimum Age for Employment of ChildrenEmployment of children under age 14 is prohibited except insmall-scale family enterprises. Many children are encouragedto work to support their families. The law stipulates thatemployees between the ages of 14 and 18 work fewer hours perweek than adults. e. Acceptable Conditions of WorkTheoretically, most workers in urban areas work a 6-day,48-hour workweek. Hours for government employees are set bythe head of each ministry. In practice, the rate ofabsenteeism was abnormally high in 1994, as socioeconomicconditions deteriorated.Working hours for agricultural workers vary according toindividual employer-employee agreements.Occupational safety programs are in effect in state-runenterprises. Inspectors theoretically inspect privateestablishments, but enforcement varies widely. </text>
</content>
<name> </name>
<script></script>
</card>
card_34929.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: IRAQ HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Based on forensic evidence and government documents seized bythe Kurds in 1991, Middle East Watch and Physicians for HumanRights estimate that between 70,000 and 100,000 Kurds werekilled, and up to 4,000 villages destroyed, during the AnfalCampaign. The evidence suggests that government efforts toeliminate Kurdish communities were widespread, systematicallyplanned, and ruthlessly implemented.The most flagrant example of current discrimination against theKurds is the Government's ongoing internal embargo on thenorth, which includes necessities such as food, medicine, andother humanitarian supplies. Since August 1993, the embargoalso has included massive electric power cut-offs in specificareas, causing the spoilage of medicines, breakdowns in localwater-purification systems, and the loss of certain hospitalservices. A disaster was averted only by the prompt action ofthe United Nations and donor governments, who imported andinstalled 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 butvarious other minorities such as Turcomans, who also live inthe area.Operation Provide Comfort--the joint U.S., British, French, andTurkish command--continued in 1994 to inhibit government aerialattacks in the northern "no fly zone." However, the militaryforces continued intermittent, sometimes heavy shelling ofnorthern villages by long-range artillery. On October 26,opposition media reported that shelling of villages in theShawan region had resulted in several civilian casualties, onefatal.Attacks on humanitarian relief efforts in northern Iraqcontinued throughout 1994. Two persons were killed in anexecution-style shooting (see Section 1.a.). Several otherinternational workers involved in the relief effort, includingsix United Nations guards, were injured in bombing and shootingattacks in March and April. On March 27, Iraqi security forcespermitted a crowd in Mosul to attack and damage a U.N.helicopter attempting to airlift wounded guards to safety. TwoSwedish journalists were injured in Aqrah on March 14 when abomb exploded under their automobile.Some terrorist incidents pointed to government involvement, butthere was insufficient information to determine theresponsibility for other attacks.Innocent civilians were the victims of fighting between theguerilla forces of the two main Kurdish political parties--theKurdish Democratic Party (KDP) and the Patriotic Union ofKurdistan (PUK). Heavy fighting between the two parties brokeout in May, in August, and again in December, producing severalhundred civilian casualties.In 1994 civilians near the Turkish border were caught in raidsby Turkish military forces on suspected hideouts of theextremist Kurdistan Workers' Party (PKK). On August 8, Turkishplanes bombed a camp near Zakho containing 10,000 Kurdishrefugees from Turkey. Although the refugees suffered nocasualties, 10 Iraqi guards were reported killed and 7wounded. The Turkish Government claimed that PKK terroristswere hiding in the camps.On August 23, Turkish planes attacking a PKK camp in Zelebombed the nearby village of Bidewan village, wounding 7 IraqiKurdish civilians. On September 8, Turkish planes again bombedthe large concentration of Turkish refugees near Zakho. Noinjuries were reported, but several tents were destroyed.Kurdish villages along the Iranian border were subjected toshelling by the Iranian military, as well as to sporadicIranian military incursions into Iraqi territory. Oppositionmedia reported that Iranian artillery shelled civilian areas inAs-Suleymaniyah province the night of April 17-18. Iranianforces were also reportedly involved in fighting between thetwo main Iraqi Kurdish parties in August and December.The Iranian military conducted attacks on Iranian oppositioncamps based in Iraq. On November 6, it launched a SCUD missileattack on a Mojahedin E-Khalq base located some 30 miles northof Baghdad. On November 9, Iranian jets bombed an IranianKurdish Democratic Party base in the town of Koi-Sanjaq innorthern Iraq.Land mines in northern Iraq continued to kill or maimcivilians. Many of the mines were laid during the Iraq-IraqWar, but the army has failed to clear them. The mines appearto have been haphazardly planted in civilian areas. TheSpecial Rapporteur has repeatedly reminded the Government ofits obligations under the Land Mines Protocol, to which Iraq isa 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 warcrimes--willful killing, torture, rape, pillage,hostage-taking, unlawful deportation, and relatedacts--directly related to the Gulf War. The U.S. Governmenturged the U.N. Security Council to create an internationalcommission 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 ofgenocide that it hopes governments will bring against theGovernment of Iraq before the International Court of Justice inthe Hague. Middle East Watch reported that its case was basedon 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 PressFreedom of speech and of the press do not exist in areas underthe Government's control, and political dissent is nottolerated in those areas. The Government and the Ba'ath Partyown all print and broadcast media and operate them aspropaganda outlets. They do not report opposition views.The Special Rapporteur noted in his February report the extentto which the Government has criminalized most forms of personalexpression. A 1986 decree stipulates the death penalty foranyone insulting the President or other high governmentofficials. Section 214 of the Penal Code prohibits "singing asong 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, includingthose of opposition groups, from outside Iraq.Various Ba'ath Party and presidential decrees define politicaldissent as encompassing a wide range of activities. Personssuspected of engaging in dissent are routinely imprisonedwithout charge or trial or after trials that do not meetminimum standards of fairness.In northern Iraq, which is protected by international forcesand is administered by a local de facto government, severalnewspapers have appeared over the past 3 years, as haveopposition radio and television broadcasts. b. Freedom of Peaceful Assembly and AssociationExcept in northern areas under the protection of internationalforces, the citizens may not legally assemble or organize forany political purpose other than to express support for theregime. By law, the Government controls the formation ofparties, regulates their internal affairs and closely monitorstheir activies. Several parties are specifically outlawed, andmembership in them is a capital offense. A 1974 law prescribesthe death penalty for anyone "infiltrating" the Ba'ath Party. c. Freedom of ReligionThe Government severely limits this freedom. The ProvisionalConstitution of 1968 states that "Islam is the religion of theState." The Ministry of Endowments and Religious Affairsmonitors places of worship, appoints the clergy, and approvesthe publication of religious literature.Although Shi'a Muslim Arabs, who are between 60 and 65 percentof the population, are the largest ethnoreligious group, SunniArabs, who comprise only about 12 to 15 percent of thepopulation, have traditionally dominated economic and politicallife. Despite legal guarantees of sectarian equality, theGovernment has in recent years repressed the Shi'a clergy andfollowers of the Shi'a faith. Security forces have wantonlydesecrated Shi'a mosques and holy sites, particularly in theaftermath of the 1991 civil uprisings.The following government restrictions on religious rightsremained in effect throughout 1994: a ban on the Muslim callto prayer in certain cities; a ban on the broadcast of Shi'aprograms on government radio or television; a ban on thepublication of Shi'a books, including prayer books; a ban onfuneral processions; and the prohibition of certain processionsand public meetings commemorating Shi'a holy days. Moreover,the Government also continued to insist that its own appointeereplace the late Grand Ayatollah Abul Qasim Al-Khoei, formerlythe highest ranking Shi'a clergyman, who died in Governmentcustody in 1992 (see Section 1.b.). The Shi'a religiousestablishment refuses to accept the Government's choice.The Government also continued to harass and threaten members ofthe late Ayatollah Al-Khoei's family. Circumstantial evidencepointed to the regime's involvement in the July deaths ofseveral members of the Al-Khoei family (see Sections 1.a. and1.b.).The Special Rapporteur reports that the Government has engagedin various abuses against the Christian Assyrian community,which numbers about 350,000. Most Assyrians have traditionallylived in the north, and the Government often has suspected themof "collaborating" with Kurds. Military forces destroyed manyAssyrian churches during the Anfal Campaign, and reportedlytortured and executed many Assyrians (see Section 4). d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Government controls movement within the country of citizensand foreigners. Persons who enter sensitive border areas andnumerous designated security zones are subject to arrest (seeSection 1.d.). Police checkpoints are common on major roadsand highways.The Government requires citizens to obtain expensive exit visasfor foreign travel. Citizens may not make more than two tripsabroad annually. The Goverment reportedly prohibits somecitizens from all international travel. Before travelingabroad, citizens are required to post collateral with theGovernment which is refundable only upon their return to Iraq.There are restrictions on the amount of currency that may betaken out of the country. Women are not permitted to traveloutside Iraq alone; male relatives must escort them.The Government continued to pursue its discriminatoryresettlement policies, including demolition of villages andforced relocations of Kurds, Turcomans, and other minorities.Middle East Watch reported that the Government was continuingto force Kurdish residents of Mosul to move toKurdish-controlled areas in the north. However, the Governmentdirected most of its resettlement efforts in 1994 at residentsof the southern marshes. According to the Special Rapporteur,security forces relocate marsh inhabitants detained during thecourse of military operations to the main southern cities.They were later transferred to detention centers and prisons incentral Iraq, primarily in Baghdad.Opposition sources reported in September that the Governmenthad relocated more than 300 families from the marshes to adetention area in Diwaniya province. The authoritiesreportedly returned other families who had taken refuge inBaghdad to the province of Amara.Large numbers of Shi'a refugees from southern Iraq fled toIran, particularly after the escalation in military activity inMarch. It was difficult to estimate the number of personsdisplaced by these operations, due to the lack of internationalmonitors in the area. However, in late 1994 the U.N. HighCommissioner for Refugees (UNHCR) estimated that more than10,000 refugees from the marshes were in camps in Iran. AmarAppeal, a charitable organization operating several of thecamps, placed the number at more than 35,000. U.S. Governmentanalysts estimated in September that more than 200,000 of the250,000 former inhabitants of the marshes had been driven fromthe area since 1991 (see also Section 1.a.).In February 1994, the Special Rapporteur noted that theGovernment in 1993 had expelled several "Faili," or Shi'a,Kurdish families. Faili Kurds, who have traditionally lived inthe mountainous region bordering Iran, were the victims of massdeportations in the 1970's and 1980's.The Special Rapporteur reported that in recent years theGovernment may have expelled a total of more than 1 millionpersons suspected of being "Persian sympathizers." Accordingto the Special Rapporteur, about 500,000 of these displacedpersons are believed to live in Iran.According to the UNHCR, hundreds of thousands of Iraqi refugeesremained abroad--mainly in Iran, Saudi Arabia, Kuwait, Syria,Turkey, Pakistan, and Jordan. Apart from those suspected ofsympathizing with Iran, most fled after the Government'ssuppression of the civil uprising of 1991; others are Kurds whofled the Anfal Campaign of 1988. The UNHCR assists manyrefugees, notably in Kuwait, Syria, and Turkey.Of the 1.5 million refugees who fled following the 1991uprising, the great majority, particularly Kurds, haverepatriated themselves to northern Iraq, in areas where theallies have prohibited overflights by Iraqi aircraft. Severalhundred thousand Kurds remain unsettled in northern Iraqbecause political circumstances do not permit them to return totheir former homes in Government-controlled territory.Moreover, northern Iraq is host to about 10,000 recentlyarrived Turkish Kurds, who have fled civil strife insoutheastern Turkey (see the report on Turkey), in response tothe Turkish government's counterinsurgency campaign against thePKK. The UNHCR is treating these displaced persons as refugeesuntil it reaches an official determination on their status. Inlate 1994, the UNHCR relocated the Turkish Kurds to protectthem from periodic raids by Turkish military aircraft (seeSection 1.g.).Students abroad who refuse to return are required to reimburseany expenses paid by the Government. Each student wishing totravel abroad must provide a guarantor. The guarantor and thestudent's parents may be liable if the student fails to return.Foreign spouses of citizens who have resided in Iraq for 5years are required to apply for nationality. The requirementis 1 year of residence for the spouses of Iraqi citizensemployed in government offices. Many foreigners thus have beenobliged to accept citizenship and are subject to officialtravel restrictions. The penalties for noncompliance includeloss of job, a substantial financial penalty, and repayment forany governmental educational expenses.The Government prevents many citizens who also hold citizenshipin another country--especially the children of Iraqi fathersand foreign-born mothers--from visiting the country of theirother nationality.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens do not have the right to change their government. Theonly free and open local elections have been held inKurdish-controlled areas in northern Iraq. Full politicalparticipation at the national level is confined to members ofthe Ba'ath Party, estimated at about 8 percent of thepopulation. The National Assembly is completely subordinate tothe executive branch.Saddam Hussein wields decisive power over all instruments ofgovernment. Almost all powerful officials are either membersof the President's family or longtime family allies from hishome town of Tikrit.Opposition political organizations are illegal and severelysuppressed. Membership in certain political parties ispunishable by death (see Section 2.b.). In 1991 the RCCadopted a law that theoretically authorized the creation ofpolitical parties other than the Ba'ath, but in practice, thelaw reinforced the preeminent position of the Ba'ath Party byprohibiting parties that do not support Saddam Hussein and thepresent Government. New parties must be based in Baghdad andare forbidden to have any ethnic or religious character.The Government does not recognize the various politicalgroupings 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 supportnotwithstanding their illegal status.In northern Iraq, all central government functions have beenperformed by local administrators--mainly Kurds--since theGovernment withdrew its forces from the area after the 1991uprising. In May 1992, political parties in the northparticipated in elections to choose representatives to aregional parliament. The elections also produced de factolocal government administrators, who manage the affairs of thesecurity zone--which is protected by allied militaryforces--and adjacent areas.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government does not permit the establishment of independenthuman rights organizations. It operates an official humanrights group which routinely denies allegations of abuses.Citizens have established several human rights groups abroadand in northern areas not under government control.As in 1993, the Government did not allow the Special Rapporteurto visit Iraq. It failed to respond to his requests forinformation on particular human rights cases and condemned hisrecommendation that human rights monitors be stationedthroughout Iraq. For the third consecutive year, the UNHRCcalled on the U.N. Secretary General to send human rightsmonitors to "help in the independent verification of reports onthe human rights situation in Iraq." The U.N. Subcommission onPrevention of Discrimination and Protection of Minoritiesadopted a resolution reiterating the UNHRC request for thedeployment of monitors. In December the U.N. General Assemblyonce again endorsed the request of the Human Rights Commissionfor monitors for Iraq.The Special Rapporteur dispatched members of his staff--in lateDecember 1993 to Turkey and in August 1994 to Iran--tointerview victims of Iraqi human rights abuses. The U.N. HumanRights Centre hired another part-time employee in 1994 toassist the Special Rapporteur who nevertheless asserted that heneeds further resources to carry out his mandate.Several major human rights organizations, including Middle EastWatch and AI, released new reports on Iraq during the year.The Amar Appeal, a London-based charitable organization whichassists Iraqi refugees from the southern marshes, issued astudy detailing the ecological destruction of the marshes andits consequences for the marsh inhabitants. The U.S.Government also issued a report on that subject.The Iraqi Government continued to defy various calls fromUnited Nations bodies to allow the Special Rapporteur to visitthe marshes and interview refugees. In 1994 the U.N. HumanRights Commission, the U.N. Subcommission on Prevention ofDiscrimination and Protection of Minorities, and the U.N.General Assembly all adopted resolutions condemning theGovernment's human rights violations.The Government failed to comply with the provision of UNSCR688, which insists that the Government afford immediate,unrestricted access by humanitarian workers to all those inneed of assistance in all parts of Iraq. Throughout 1994, theGovernment threatened, harassed, and assaulted employees of theUnited Nations and nongovernmental organizations (see Section1.g.).Throughout 1994 the Government refused to implement UNSCRResolutions 706 and 712, which would allow it to sell oil andpurchase humanitarian goods, the equitable distribution ofwhich the United Nations would monitor. The Special Rapporteurnoted in his February report that the Government failed toprovide for the basic humanitarian needs of its civilianpopulation and that it is obligated to do so as a signatory tothe United Nations Charter. The Special Rapporteur reportedthat in September the Government cut food subsidies byone-third. He once again called on the Government to implementUNSC Resolutions 706 and 712.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenThe Government claims that it is committed to equality forwomen, who make up about 20 percent of the work force. It hasenacted laws to protect women from exploitation in theworkplace and from sexual harassment; to permit women to jointhe regular army, Popular Army, and police forces; to requireeducation for female children; and to equalize women's rightsin divorce, land ownership, taxation, suffrage, and election tothe National Assembly. It is difficult to determine to whatextent these protections are afforded in practice. Reportsindicate, however, that the application of these laws hasdeclined 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. Suchabuse is customarily addressed within the tightly knit familystructure. There is no public discussion of the subject, andthe Government issues no statistics. Spousal violenceconstitutes grounds for divorce and criminal charges, but suitsbrought on these charges are believed to be rare.The Special Rapporteur has commented on the high incidence ofrape committed by the armed forces and security services (seeSection 1.b.). He noted that an unusually high percentage ofthe northern population is female, due to the disappearances oftens of thousands of Kurdish men in the Anfal Campaign. TheSpecial Rapporteur has reported that the widows, daughters, andmothers of Anfal victims are economically dependent on theirrelatives or villages because they may not inherit the propertyor assets of their missing family members. Other reportssuggest that economic destitution has forced many women intoprostitution.Evidence concerning the Anfal Campaign of 1988 indicates thatthe Government killed many women and children, includinginfants, by firing squads and in chemical attacks. ChildrenNo information is available on whether the Government hasenacted specific legislation to promote the welfare ofchildren. However, the Special Rapporteur and several humanrights groups have collected a substantial body of evidencepointing to the Government's continuing disregard for therights and welfare of children.The Government failure to comply with relevant U.N. SecurityCouncil resolutions has led to a continuation of economicsanctions. As a result, general economic and health conditionsthroughout Iraq have deteriorated dramatically. Children havebeen particularly susceptible to the decline in the standard ofliving. Increases in child mortality and disease rates havebeen reported.The Special Rapporteur has observed that, under thesecircumstances, the Government has special obligations to ensurethat the most vulnerable groups in the population have adequatefood and health care. The Special Rapporteur stated in hisFebruary report that Iraq's refusal to implement U.N. SecurityCouncil Resolutions 706 and 712, which would permit a one-timesale of oil in order to finance the import of humanitariangoods, has had an adverse effect on vulnerable populations,including children.In October the Special Rapporteur reported that "the obviousimbalance between military expenditure and resources allocatedto the fields of health care and education clearly illustratesthe priorities of the Government." The Special Rapporteur hasrepeatedly observed that the ongoing bombardment of civiliansettlements in the southern marshes has resulted in the deathsof many innocent persons, including women, children, and theelderly. National/Racial/Ethnic MinoritiesThe cultural, religious, and linguistic diversity of society isnot reflected in the country's political and economicstructure. 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, havelong been economically, politically, and sociallydisadvantaged. Like the Sunni Kurds of the north, the Shi'aArabs of the south have been targeted for particulardiscrimination and abuse, ostensibly because of theiropposition to the Government.The security forces in 1994 reportedly were still encamped inthe shrine to Imam Ali at Al-Najaf, one of Shi'a Islam'sholiest sites, using it as an interrogation center. The formerShi'a theological school in Al-Najaf, which the Governmentclosed following the 1991 uprising, was used as a public marketin 1994. Security forces continued to expel foreign Muslimclerics from Al-Najaf, under the pretext that the clerics'visas had expired. Other aspects of government repression ofthe Shi'a are discussed in Section 2.c. and various parts of</text>
</content>
<name> </name>
<script></script>
</card>
card_34617.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: IRAQ HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 IRAQ*Political power in Iraq is concentrated in a repressiveone-party apparatus dominated by Saddam Hussein. Theprovisional Constitution of 1968 stipulates that the ArabBa'ath Socialist Party governs Iraq through the RevolutionaryCommand Council (RCC), which exercises both executive andlegislative authority. President Saddam Hussein, who is alsoPrime Minister, Chairman of the RCC, and Secretary General ofthe Regional Command of the ABSP, wields decisive power.Ethnically and linguistically, the Iraqi population includesArabs, Kurds, Turcomans, Yazidis, and Armenians. The religiousmix is likewise varied: Shi'a and Sunni Muslims (both Arab andKurdish), Christians (including Chaldeans and Assyrians), andJews. Ethnic divisions have resulted in civil uprisings inrecent years, especially in the north and the south. TheGovernment has reacted against these peoples with extremerepression.The Government's security apparatus includes militias attachedto the President, the Ba'ath Party, and the Interior Ministry.Security forces have been responsible for widespread andsystematic human rights abuses. They play a central role inmaintaining the environment of intimidation and fear on whichgovernment power rests.The Government controls Iraq's oil-based economy and owns allmajor industries. Damaged by the Gulf War and subjected toUnited Nations sanctions as a result of Iraq's 1990 invasion ofKuwait, the economy continues to deteriorate. The sanctionsban all exports and imports except food, medicine, andmaterials and supplies for essential civilian needs. TheGovernment's failure to comply with U.N. Security Councilresolutions has led to repeated extensions of the sanctions.The Government's abysmal record on human rights did not improvein 1994, and worsened in several areas. Systematic violationscontinued in all categories, including mass executions ofpolitical opponents, widespread use of torture, extremerepression of ethnic groups, disappearances, denial of dueprocess, and arbitrary detention. Tens of thousands ofpolitical killings and disappearances remain unresolved fromprevious years. Human rights abuses are difficult to documentbecause of the Government's efforts to conceal the facts.*The United States does not have an embassy in Iraq. Thisreport draws to a large extent on non-U.S. Government sources.Citizens do not have the right to change their government, andthe freedoms of expression and association do not exist, exceptin Kurdish-controlled areas in the north under the protectionof international forces.The regime deliberately targeted civilians in militaryoperations against Shi'a Arabs living in the southern marshes.In the north, the regime maintained an internal embargo on theimportation of food, medicine, and other humanitarian goods toKurdish areas. It imposed additional electricity cut-offs inDohuk governorate, exacerbating the electrical crisis it hadinitiated there in late 1993. Elsewhere, the regime divertedhumanitarian supplies to its own supporters and to themilitary. As socioeconomic conditions deteriorated in 1994,the regime introduced new forms of torture for persons accusedof economic crimes and military desertion.In violation of U.N. Security Council resolutions, theGovernment persisted in its flagrant interference with theinternational community's provision of humanitarianassistance. It harassed and intimidated relief workers andtargeted them for assassination. A German journalist coveringthe relief effort and her Kurdish bodyguard were shot to death,execution-style. Several other international personnel,including United Nations guards and journalists, werecritically injured in bomb and shooting attacks. Newinformation came to light indicating that the Governmentoffered rewards for killing international relief personnel.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThe 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 SpecialRapporteur) stated that the Government's "aim of killing is apolitical one, with the objective of silencing dissent andsuppressing opposition."As in previous years, there were numerous credible reports thatthe regime had executed a number of persons allegedly involvedin plotting against Saddam Hussein, including some members ofhis family and tribe. High-ranking civilian, military, andtribal leaders were reported among those executed.On April 12, an opposition figure, Talib Suhayl Al-Tamimi, wasassassinated in Beirut, Lebanon. Lebanese security officialsarrested two Iraqi diplomats assigned to Beirut and chargedthem with the murder. The suspects admitted their guilt but atyear's end there was no movement toward a trial.The Government continued to provide safe haven and logisticaland military support to several terrorist groups andindividuals. These include the Mojahedin-e Khalq, which isopposed to the Government of Iran; elements of the Abu NidalOrganization, based in Lebanon; Abu Abbas' Palestine LiberationFront (PLF); and the notorious bomb-maker Abu Ibrahim. BothAbbas and Ibrahim enjoyed sanctuary in Iraq.In July the prominent oppositionist, Taki Al-Khoei, and twoother members of his family and their driver were killed undersuspicious circumstances in an automobile crash in southernIraq, near Al Najaf. Strong circumstantial evidence pointed tothe Government's involvement. The Government had long targetedthe Al-Khoei family for harassment and abuse. The family isrenowned in Shi'a circles for its religious leadership andoutspoken condemnation of the regime's human rights record (seeSection 1.b.).The Special Rapporteur noted in his February report severalcases of political killing dating from 1993. These includedmass executions of Shi'a Arabs at the Al-Radwaniyah and AbuGhraib prisons in central Iraq. According to the SpecialRapporteur, some of those killed had been involved in theuprising against the Government in the spring of 1991.In November 1993, the Special Rapporteur reported that theGovernment had executed several Turcomans whose bodies weremutilated before being returned to their families.As in past years, the Special Rapporteur noted the frequent useof the death penalty for such political offenses as "insulting"the President or the Ba'ath Party. His February reportsummarized several RCC decrees that stipulate the death penaltyfor political and civil offenses (see Section 1.e.).As in previous years, authorities arrested and placed indetention centers in central Iraq numerous Shi'a inhabitants ofthe south. Shi'a witnesses who survived detention laterreported that some of their comrades had been executed (seeSection 1.g.). As the Government strictly controls themovement of international personnel in the southern marshes,information is not available to confirm the number of personskilled.Political killings and terrorist actions were frequent in thenorth and directed against civilians, foreign relief workers,journalists, and opposition leaders. German journalist LissySchmidt and her Kurdish bodgyguard, Aziz Kader Faraj, were shotto death on April 3 in an ambush near Suleymaniya. Kurdishauthorities arrested several suspects who reportedly confessedthat the Government had paid them to commit the murders.The U.S. Government announced in April it had informationindicating that the Government of Iraq had offered monetary"bounties" to anyone who assassinates United Nations and otherinternational relief workers.Amnesty International (AI) reported that three Kurdishpolitical parties in northern Iraq--the Patriotic Union ofKurdistan, the Kurdish Democratic Party, and the Islamic Partyin Iraqi Kurdistan--had committed scores of deliberate andarbitrary killings against each other in 1993. Press reportsindicated that the Kurdish parties continued to commitarbitrary killings against each other in 1994.In 1994 additional information came to light concerning theso-called Anfal Campaign ("Spoils") of 1988, in which tens ofthousands of Kurds reportedly lost their lives. The campaignis the most prominent example of political killing. During thecampaign, government forces arrested thousands of Kurds whohave never been seen again. They are presumed to have beendied in custody (see Sections 1.b. and 1.g.).In his February report, the Special Rapporteur concluded thatthe Government's policies against the Kurds--in particular,against the Barzani tribe--"raise issues of crimes againsthumanity and violations of the 1948 Genocide Convention." Henoted "significant similarities" between the Government's pastpolicies toward the Kurds and its current policies toward Shi'acivilians living in the southern marshes. The SpecialRapporteur recommended that "further consideration be given toestablish the facts and responsibilities associated withatrocities committed against the Kurdish population." b. DisappearanceIn February the Special Rapporteur reported that he continuedto receive "reports on the widespread phenomenon ofdisappearance." He stated that the U.N. Working Group onEnforcement on Involuntary Disappearances had conveyed to theGovernment 10,570 names of disappeared persons and planned toconvey another 5,000.The United Nations has documented 16,000 cases of disappearedpersons. According to the Special Rapporteur, most of thedisappearances occurred during the Anfal Campaign. However, heestimates that the total figure for disappeared Kurds duringAnfal could number in the tens of thousands. Middle East Watchestimates the total at between 70,000 and 100,000, and AI atmore than 100,000. The Special Rapporteur noted that personscontinue to disappear, mainly in the southern marshes, wherethe Government is conducting counterinsurgency operations.New information came to light regarding the Barzani arrests of1983, in which security forces detained thousands of relativesand tribesmen of the late Kurdish nationalist hero MustaphaBarzani. None of these detainees were ever seen again. TheSpecial Rapporteur observed in February that the regime'streatment of the Barzani tribe may constitute violations of theGenocide Convention.The Special Rapporteur and various human rights groupscontinued to make inquiries with the Government regarding itsarrest in 1991 of the late Grand Ayatollah Abdul Qasim Al-Khoeiand 108 of his associates. The Ayatollah died while underhouse arrest in Al-Najaf, and only two of the persons arrestedwith him can be accounted for. The regime has not responded toqueries regarding the others arrested with Al-Khoei.The Government failed to return, or account for, a large numberof Kuwaiti citizens and third-country nationals detained duringthe Iraqi occupation of Kuwait. It denies having any knowledgeof the missing persons. U.N. Security Council Resolution(UNSCR) 687 requires the Government to "facilitate" the searchfor and the repatriation of those still missing. In hisOctober report, the Special Rapporteur noted that theGovernment's failure to account for the missing personsviolates provisions of the various Geneva Conventions, to whichIraq is a party.Middle East Watch estimated that, apart from the tens ofthousands of persons who have disappeared and are presumeddead, another 10,000 to 12,000 persons were being held withoutcharge in prisons and detention centers. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough the Government is a party to international conventionsagainst torture, and the Constitution prohibits the practice,the security services routinely torture detainees. The SpecialRapporteur continues to note the Government's "systematic" useof physical and psychological torture. According to formerdetainees, torture techniques include electric shocksadministered to the genitals and other sensitive areas,beatings, burnings with hot irons, suspension from ceilingfans, dripping acid on the skin, rape, breaking of limbs,denial of food and water, and threats to rape or otherwise harmrelatives. The tormentors kill many torture victims andmutilate 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 foreheadsfor certain economic crimes and for desertion from themilitary. Large numbers of persons reportedly bled to deathfrom such punishments. Opposition media reported that theregime's use of ear amputations sparked a large antiregimedemonstration in Mosul on September 8. Opposition media alsoreported that the authorities executed several doctors who hadrefused to carry out the amputations.The regime also introduced the traditional Islamic lawpunishment for thievery--amputation of the right hand. Itsubsequently stipulated branding of the forehead as thepunishment for thieves whose hands already had been amputatedand the death penalty for certain categories of thievery. Anofficial newspaper reported on September 9 that the authoritiesamputated the right hand and branded the forehead of a personconvicted of stealing a television set.In his October report, the Special Rapporteur condemned theamputations and brandings. He stated that the practicesconstitute "flagrant and determined violations of Iraq'sinternational human rights obligations insofar as theyprescribe cruel and unusual punishments and insofar asimplementation of the decrees compounds these violations by theconduct of torture." The relevant obligation in this regard isArticle 7 of the International Covenant on Civil and PoliticalRights, to which Iraq is a party. The U.N. General Assemblylikewise condemned what it termed "mutilations" in a Decemberresolution.Certain prisons are notorious for routine mistreatment ofprisoners. Al-Rashidiya Prison, on the Tigris River north ofTaji, reportedly contains torture chambers in its basement.The Al-Shamma'iya Prison, located in east Baghdad, holds thementally ill and is reportedly the site of both torture anddisappearances.The Al-Radwaniyah Prison (see Section 1.a.) is a formerprisoner-of-war facility near Baghdad and reportedly the siteof torture and arbitrary killings, including mass execution byfiring squad. This prison was the principal detention centerfor persons arrested following the civil uprisings of 1991.Many persons taken into custody in connection with theuprisings have not been seen since. Middle East Watchestimated in 1994 that the Al-Radwaniyah Prison holds between5,000 and 10,000 detainees.The Special Rapporteur, Middle East Watch, and AI cited theAl-Radwaniyah Prison and the Abu Ghraib Prison, located inBaghdad, as principal sites where torture and disappearancescontinue to occur. According to opposition reports, in late1994 authorities at the Abu Ghraib Prison amputated the handsof persons convicted of theft.The security forces allegedly raped captured civilians duringthe Anfal Campaign and the occupation of Kuwait and the GulfWar. The Special Rapporteur noted in his February report thathe had interviewed numerous women who continue to suffer severedepression after they were raped in official custody. TheGovernment has never acknowledged or taken any action toinvestigate reports of rape by its officials.Kurdish authorities in northern Iraq also employed torture. AIreported in 1994 that these authorities and Kurdish oppositiongroups used torture on political opponents and criminalsuspects in 1993. d. Arbitrary Arrest, Detention, or ExileAlthough the Constitution and Legal Code explicitly prohibitarbitrary arrest and detention, the authorities routinelyengage in these practices. In his February report, the SpecialRapporteur described "widespread arbitary arrest and detention,in violation of Article 9 of the Universal Declaration of HumanRights," primarily in the southern part of the country. Hestated that the military and security services, rather than theordinary police, carried out most cases of arbitrary arrest anddetention.Opposition sources reported in July that the regime haddetained 320 people during military operations in the Al-Amarahmarshes in June (see Section 1.g.) The opposition conveyed thenames of the reported detainees to the Special Rapporteur.The Special Rapporteur reported that the regime continued totarget the Shi'a Muslim clergy for arbitrary arrest and otherabuses. In March international news media reported that theregime had forcibly expelled from Iraq the families of the morethan 100 Shi'a clerics who had disappeared in 1991 after theirarrests with the late Grand Ayatollah aI-Khoei (see Section1.b.). Many of these clerics and their families are of foreignnationality, primarily Iranian and Pakistani.According to AI and Middle East Watch, several foreignersarrested arbitrarily in previous years remained in detention.The Government's refusal to allow tens of thousands of Kurdsand Turcomans to return to their homes in Kirkuk and Mosulamounts to a policy of internal exile (see Section 2.d.). e. Denial of Fair Public TrialThere are two parallel judicial systems: the regular courts,which try common criminal offenses; and special securitycourts, which try cases involving national security. However,the security courts try many criminal cases. The President mayoverride any court decision. There are no checks on hispower. The Special Rapporteur noted in his February reportthat the executive interferes regularly in "all aspects ofnormal judicial competence in matters ranging from property andcommercial law, to family law and criminal law."The procedural rules applicable in the regular courtstheoretically provide many basic protections. However, theregime often assigns to the security courts cases which, ontheir merits, would appear to fall under the jurisdiction ofthe regular courts. Trials in the regular courts are public,and defendants are entitled to counsel--at government expensein the case of indigents. Defense lawyers have the right toreview 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 andthen to the Court of Cassation, the highest Court.The Special Rapporteur reported that the regular courts oftenassign penalties that are "disproportionate" to the offense(see Section 1.c.). Decree 13 of 1992 imposes the deathpenalty for automobile theft. In 1994 the Government announcedthe death penalty would be invoked for automobile smuggling,various categories of thievery, and solicitation for thepurposes of prostitution. As of late 1994, the penalty forpossession of stolen goods was life in prison.Similarly, the Government shields certain groups fromprosecution for alleged crimes. A 1992 decree grants immunityfrom prosecution to members of the Ba'ath Party and thesecurity forces who may cause death while in the pursuit ofarmy deserters. A 1990 decree grants immunity to men who killtheir mothers, daughters, and other female family members whohave committed "immoral deeds."There are no Shari'a, or Islamic law, courts as such. Regularcourts are empowered to administer Islamic law in casesinvolving personal status, such as divorce and inheritance. In1994 the regime introduced Shari'a punishments for some typesof criminal offenses and for military desertion (see Section1.b.).Special security courts have jurisdiction in all casesinvolving espionage and treason, peaceful political dissent,smuggling, currency exchange violations, and drug trafficking.According to the Special Rapporteur, military officers or civilservants with no legal training head these tribunals, whichhear cases in secret. Authorities often hold the defendants inincommunicado detention and do not permit them to have contactwith their lawyers. The courts admit confessions extracted bytorture which often serve as the basis for conviction.Although defendants may appeal their sentences to SaddamHussein, many cases appear to end in summary execution shortlyafter trial.Because the Government rarely acknowledges arrests orimprisonments, it is difficult to estimate the number ofpolitical prisoners. Many of the tens of thousands of personswho have disappeared or been killed in recent years wereoriginally held as political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Government frequently disregards the constitutional rightto privacy, particularly in cases in which national security isalleged to be involved. The law defines security offenses sobroadly that authorities are virtually exempt from the legalrequirement to obtain search warrants. In 1994 the authoritiessubjected the Shi'a religious clergy, Shi'a Muslim inhabitantsof the southern marshes, and various ethnic minorities tosearches without warrants (see Section 1.g.). The regimeroutinely ignores the constitutional provisions safeguardingthe confidentiality of mail and telegraphic correspondence andtelephone conversations.The security services and the Ba'ath Party maintain pervasivenetworks of informers to deter dissident activity and instillfear in the public. As the Special Rapporteur noted in hisFebruary report, "the fear of informers and subsequent severereprisals have prevented virtually the entire population fromexpressing genuinely held opinions which are not consistentwith those of the Government." g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsIn 1994 as in previous years, the armed forces conducteddeliberate artillery attacks against civilians in the southernmarshes. The marshes historically have been inhabited mostlyby Shi'a Muslims, but in recent years they have also become arefuge for army deserters and displaced civilians. As aresult, the marshes are the site of guerrilla resistance. TheGulf War allies imposed a "no-fly zone" over southern Iraq in1992. It continues to deter aerial attacks on the marshdwellers, but does not prevent artillery attacks or themilitary's large-scale burning operations.Ongoing military operations have destroyed the traditional wayof life of the marsh Arab Shi'a. Credible reports describe acontinuing process of large-scale environmental destruction inthe marshes caused by the Government's burning, draining, andwater-diversion projects. The army has constructed canals,causeways, and earthen berms to divert water from thewetlands. Hundreds of square kilometers of marsh areas havebeen burned, imperiling the marshes' ecosystem.The Government claims the drainage is part of a landreclamation plan to increase the acreage of arable land, spuragricultural production, and reduce salt pollution in theTigris and Euphrates. However, the evidence of large-scalehumanitarian and ecological destruction appears to belie thisclaim. Aerial and satellite photography made public by theU.S. Government in 1994 depicted the almost total destructionof the marshes. Moreover, the regime's diversion of suppliesin the south limited the population's access to food, medicine,drinking water, and transportation.As the marshes dried, military units launched land-basedattacks on villages. On March 4, the military began thelargest search-and-destroy operation in the marshes in 2years. The offensive included the razing of villages andburning operations concentrated in the triangle bounded byNasiriyah, Al-Qurnah, and Basrah. The magnitude of theoperation caused the inhabitants to flee in severaldirections: deeper into the marshes, to the outskirts ofsouthern Iraqi cities, and to Iran.According to opposition sources, military forces in late Juneattacked several marsh villages in Nassiriya province. Sourcessaid 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 Julystormed the villages of Al-Sajiya and Al-Majawid in Al-Chibaishdistrict, near the main road leading into the marshes.Simultaneously, armor units supported by heavy artilleryattacked the village of Al-Kheyout in the district of Al-Madina.Also in July, the military conducted large-scale artillerybombardment in the Jindala area of the Al-Amarah marshes.Opposition sources said the bombardment destroyed several homesand injured several individuals. Security forces reportedlydetained 15 youths and transported them from the area.Simultaneously, the military caused destruction and arrestedinhabitants in Al-Hashriya, Al-Wasdiya, and Al-Malha.In September opposition sources reported that military forcesused incendiary bombs and launched an armored attack againstthe area of Al-Seigel in the Al-Amarah marshes. The army laterset fire to the entire area.In 1994 military operations caused an undetermined number ofcivilian casualties in the marshes. More than 10,000 refugeesfrom the marshes fled to Iran, where they joined between 50,000and 60,000 who had fled in previous years.In January the European Parliament (EP) passed a resolutioncharacterizing the marsh Arabs as a persecuted minority "whosevery survival is threatened by the Iraqi Government." The EPresolution described the Government's treatment of the marshinhabitants as "genocide."According to Middle East Watch and U.S. Government researchers,government files captured by Kurdish rebels in 1991 contain amilitary plan for the destruction of the marshes and the peopleliving there. The plan appears to have been approved at thehighest levels of the Government. It is being implemented byMinister of Defense Ali Hassan Al-Majid, the military leaderwho supervised the Anfal Campaign.The Special Rapporteur continues to note the similarity betweenthe Government's "genocide-type operations" against the Kurdsand its operations in southern Iraq. He stated in his Februaryreport that the extent of violations against the marshinhabitants "places the survival of this indigenous populationin jeopardy."In August the Special Rapporteur dispatched two of hisassistants to the Iran-Iraq border to interview refugeesfleeing the marshes. He reported in October that the refugeesare generally in poor physical and psychological condition,having suffered extreme deprivation of food and medicine. Hereiterated his "concern over the survival" of the marshinhabitants "as a community."Regarding the Kurds, the Special Rapporteur reported inFebruary that he also holds the Government responsible for"serious breaches" of the 1925 Geneva Protocol on theProhibition of the Use in War of Asphyxiating, Poisonous orother Gases, and of Bacteriological Methods of Warfare. Heobserved that these breaches may demonstrate the Governmentliable under the 1948 Genocide Convention. According to theSpecial Rapporteur, the activities of the Government during theAnfal Campaign "left virtually no Iraqi Kurd untouched." Heconcluded that "serious violations of human rights committedagainst the civilian population of Iraq both in times of warand peace involve crimes against humanity committed under andpursuant to the commands of Saddam Hussein and Ali Hassanal-Majid."The Special Rapporteur reported that he continued to receiveaccounts of mass graves in southern Iraq. Observers believethese graves contain the remains of persons killed followingthe civil uprising of March 1991. As the Government does notpermit international visitors into these areas, forensicsexperts have not yet investigated the grave sites.However, forensics experts continued to develop informationobtained from mass grave sites in northern Iraq. These gravescontain the remains of hundreds of persons presumed killed inthe Anfal Campaign. According to opposition sources, a newmass grave, containing up to 250 bodies, was found in Aprilnear the Al-Sharqat district of Mosul. Sources said that thegraves were discovered when heavy rains washed away thecovering soil.</text>
</content>
<name>Iraq </name>
<script></script>
</card>
card_34513.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: IRAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentIran is ruled by a group of religious leaders and their layassociates who share a belief in the legitimacy of a theocraticstate based on Ayatollah Khomeini's interpretation of Shi'aIslam. There is no separation of state and religion. Theclerics dominate all branches of government completely. TheGovernment represses any movement seeking to separate state andreligion, or to alter the State's existing theocraticfoundation. The selection of candidates is effectivelycontrolled by the ruling clerics, consequently deprivingcitizens of the right to change their government.Regularly scheduled elections are held for the President,members of Parliament (the Majles), and members of the Assemblyof Experts, a body responsible for selecting the successor tothe Leader of the Revolution. The Majles exercises aconsiderable amount of independence from the executive branch,but its decisions are reviewed by the Council of Guardians (seebelow). Vigorous parliamentary debates take place on variousissues, and in some cases the Majles has defeated laws proposedby the executive branch. Most deputies are associated withpowerful political and religious officials, but often voteindependently and shift from one faction to another.The Constitution provides for a Council of Guardians composedof six Islamic clergymen, and six lay members who review alllaws for consistency with Islamic law and the Constitution.The Council also screens political candidates for ideologicaland religious suitability. It accepts only candidates whosupport a theocratic state, but clerics who disagree withgovernment policies have also been disqualified.Women are underrepresented in government. They hold 9 out of270 Majles seats, and there are no female Cabinet members.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government represses local human rights groups and ingeneral is uncooperative with foreign groups. The Governmentcontinued 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 HumanRights Seminar in Tehran. It permitted the German participantsto visit a prison in Esfahan, and permitted a second visit byjournalists to Evin prison in Tehran. The Government also hasestablished a human rights committee in the Majlis and a humanrights commission in the judiciary, but observers believe theylack independence. Government officials state repeatedly thatIran should be judged by Islamic, rather than Western, humanrights principles.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenDiscrimination against women has increased since therevolution. On January 31, Mina Kalout was reportedly stonedto death in Evin Prison. Kalout, a married woman, was accusedof committing adultery with her cousin, Abdol-Hussein, who wasexecuted for the offense. On February 22, Homa Darabi, apediatrician, reportedly immolated herself to protest theGovernment's discriminatory policies. Prior to her death,Darabi had been dismissed from an academic position for failingto adhere strictly to the Islamic dress code. On March 2,Tahereh Ghan'e, a married woman with children, was reportedlystoned to death in Qom for alleged adultery. On May 5, afemale student of medicine and women's activist at BeheshtiUniversity was found strangled to death. Her arm had beenbroken, as well. Although the Government claimed the studenthad committed suicide, 1,000 female students staged a sit-in onMay 9 to protest what they believed to be her murder.Although domestic violence is known to occur, little is knownabout its extent. Abuse in the family is considered a privatematter and seldom discussed publicly. There are no officialstatistics on the subject.In general, women suffer discrimination in the legal code,particularly in family and property matters. It is difficultfor many women, particularly those residing outside largecities, to obtain any legal redress. Although women may beeducated and employed in the professions, social constraintstend to inhibit their educational and economic opportunities.Illiteracy and the lack of university degrees also affect theirstanding. The enforcement of conservative Islamic dress codeshas varied considerably since the death of Ayatollah Khomeiniin 1989. Nonetheless, such dress codes persist and areenforced arbitrarily.Under legislation passed in 1983, women have the right todivorce, and regulations promulgated in 1984 substantiallybroadened the grounds on which a woman may seek a divorce.However, a husband is not required to cite a reason fordivorcing his wife. In 1986 the Majles passed a 12-article lawon marriage and divorce that limited the privileges accorded tomen by custom and traditional interpretations of Islamic law.The 1986 law also recognized divorced women's rights to a shareof the property couples aquire during their marriage andincreased alimony rights.The Government's views on women's rights were exemplified in1994 by an open letter to the U.N. Special Representative fromthe President's Special Advisor on Women's Affairs, ShailiaHabibi. In the letter, Habibi explained that legalrestrictions on a women's freedom to travel--a woman needspermission from a close male relative to obtain a passport--are"consensual" because such restrictions "are designed topreserve the unity and sanctity of the family." She alsoaccused "Western emancipation" of causing "corruption,prostitution, Lesbianism, and widespread venereal disease." ChildrenThere is no known pattern of child abuse. National/Racial/Ethnic MinoritiesThe Kurds seek greater autonomy and continue to suffergovernment prosecution. In August the Government reportedlyrazed 17 Kurdish villages. Religious MinoritiesThe Christian, Jewish, Zoroastrian, and Baha'i minoritiessuffer varying degrees of officially sanctioned discrimination,particularly in the areas of employment, education, and publicaccommodations. Muslims who convert to Christianity alsosuffer discrimination.University applicants are required to pass an examination inIslamic theology. Although public-school students receiveinstruction in Islam, this requirement limits access of mostreligious minorities to higher education. Applicants forpublic-sector employment are similarly screened for theiradherence to Islam.Religious minorities suffer discrimination in the legal system,receiving lower awards in injury and death lawsuits, andincurring heavier punishments than Muslims. Sunni Muslimsencounter religious discrimination at the local level.In 1993 the U.N. Special Representative reported the existenceof a government policy directive on the Baha'is. According tothe directive, the Supreme Revolutionary Council reportedlyinstructed government agencies to block the progress anddevelopment of the Baha'i community; expel Baha'i students fromuniversities; cut the Baha'is' links with groups outside Iran;restrict the employment of Baha'is; and deny Baha'is "positionsof influence," including those in education. The Governmentclaims the directive is a forgery. However, it appears to bean accurate reflection of current government practice.The persecution of Baha'is persisted unevenly in 1994. TheGovernment continued to return some property previouslyconfiscated from individual Baha'is, although the amountreturned is a fraction of the total seized. Property belongingto the Baha'i community as a whole, such as places of worship,remains confiscated. Other government restrictions have beeneased, so that Baha'is may currently obtain food rationbooklets and send their children to public schools. However,the prohibition against the admission of Baha'is touniversities appears to be enforced. Thousands of Baha'isdismissed from government jobs in the early 1980's receive nounemployment benefits and have been required to repay theGovernment for salaries or pensions received from the first dayof employment. Those unable to do so face prison sentences. People with DisabilitiesThere is no available information regarding whether theGovernment has legislated or otherwise mandated accessibilityfor the disabled.Section 6 Worker Rights a. The Right of AssociationAlthough the Labor Code grants workers the right to establishunions, there are no independent unions. A nationalorganization known as the Worker's House, founded in 1982, isthe sole authorized national labor organization. It servesprimarily as a conduit for government control. The leadershipof the Worker's House coordinates activities with Islamic laborcouncils which are organized in many enterprises. Thesecouncils also function as instruments of government control,although they have frequently been able to block layoffs anddismissals. Moreover, a network of government-backed guildsissues vocational licenses, funds financial cooperatives, andhelps workers find jobs.The Government does not tolerate any strike deemed to be atodds with its economic and labor policies. In 1993 theParliament passed a law which prohibits strikes by governmentworkers. It also prohibits government workers from havingcontacts with foreigners and stipulates penalties for failureto observe Islamic dress codes and principles at work. b. The Right to Organize and Bargain CollectivelyWorkers do not have the right to organize independently andnegotiate collective bargaining agreements. It is not knownwhether labor legislation and practice in the export processingzones differ from the law and practice in the rest of thecountry. No information is available on mechanisms used to setwages. c. Prohibition of Forced or Compulsory LaborSection 273 of the Penal Code provides that the Government mayrequire any person who does not have work to take suitableemployment. This provision has been criticized frequently bythe International Labor Organization (ILO) as contravening ILOConvention 29 on forced labor. d. Minimum Age for Employment of ChildrenThe labor law prohibits employment of minors under 15 years ofage and places special restrictions on the employment of minorsunder 18. Education is compulsory until age 11. The lawexempts workers in agriculture, domestic service, and somesmall businesses. By law, women and minors may not be employedin hard labor or, in general, night work. Information on theextent to which these regulations are enforced is not available. e. Acceptable Conditions of WorkThe Labor Code empowers the Supreme Labor Council to establishannual minimum wage levels for each industrial sector andregion. It is not known if the minimum wages are adjustedannually or enforced. The Labor Code stipulates that theminimum wage should be sufficient to meet the living expensesof a family and should take inflation into account.Information on the share of the working population covered bythe minimum wage legislation is not available.The Labor Code establishes a 6-day workweek of 48 hoursmaximum, with one weekly rest day, normally Fridays, and atleast 12 leave days of paid annual leave and several paidpublic holidays.According to the Labor Code, a Supreme Safety Council, chairedby the Labor Minister or his representative, is responsible forpromoting workplace safety and health. The Council hasreportedly issued 28 safety directives and oversees theactivities of 3,000 safety committees established inenterprises employing more than 10 persons. It is not knownhow well the ministry's inspectors enforce regulations.</text>
</content>
<name> </name>
<script></script>
</card>
card_34176.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: IRAN HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 IRAN*The Islamic Republic of Iran was established in 1979 after apopulist revolution toppled the monarchy. The Government isdominated by Shi'a Muslim clergymen and their lay allies.Ayatollah Ali Khamenei is the Leader of the Islamic Revolutionand functions as the Chief of State. He is also theCommander-in-Chief of the Armed Forces. President Ali AkbarHashemi-Rafsanjani, first elected in a popular vote in 1989,was reelected in 1993. The Constitution, approved in l980 bypopular referendum and revised in 1989, provides for a 270-seatunicameral Islamic Consulative Assembly, or Majles. TheGovernment seeks to ensure that public policy is consistentwith its view of political and socioreligious values, butserious factional differences exist within the leadership. TheGovernment reinforces its power by arrests, summary trials andexecutions, and various forms of intimidation.Several government agencies are responsible for internalsecurity, including the Ministry of Intelligence and Security,the Ministry of Interior, and the Revolutionary Guards, amilitary force established after the revolution which iscoequal with the regular military. These organizationsregularly commit such abuses such arbitrary arrests and torture.Iran has a mixed economy. The Government owns the petroleumand utilities industries and the banks. Oil exports are theprimary source of foreign exchange. The economy is stillrecovering from the disruptions of the 1979 revolution and thedestruction from the Iran-Iraq war. Iran remains isolated frominternational financial markets. Economic performance isadversely affected by corruption and government mismanagement.Unemployment in 1994 was estimated at 30 percent, and theannual 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, theUnited Nations Commission on Human Rights (UNHCR) concludedthat the Government's "continuing" abuse of human rightsjustifies international scrutiny. The United Nations extendedfor another year the mandate of Reynaldo Galindo Pohl, itsSpecial Representative on Human Rights in Iran. Systematicabuses 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, andrepression of the freedoms of speech, press, and association.A prominent social critic and historian, Ali AkbarSaidi-Sirjani, died in detention in November, 10 months afterhis arrest on improbable criminal charges. The Governmentclaims Saidi-Sirjani died of a heart attack but did not permitan independent autopsy. The Government failed to provideadequate protection for three Evangelical Christian leaders whowere murdered in 1994. Women face legal and socialdiscrimination, important worker rights are restricted, and theGovernment continues to persecute the adherents of the Baha'ifaith. There is a lively and open debate on political issuesbut the ruling clerics effectively control the electoralprocess, thereby denying the people the right to change theirgovernment. The Government conceals its abuses and obstructsthe activities of human rights monitors.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingGiven the lack of basic procedural safeguards in politicaltrials, most of the executions ordered in such cases amount tosummary executions. The U.N. Special Representative on HumanRights in Iran has cited the Government's "extensive" use ofthe death penalty. Although the domestic press stoppedreporting most executions in 1992, executions appear tocontinue at a rate of several hundred a year. Exiles and humanrights monitors report that many of those executed for allegedcriminal offenses were actually political dissidents.On February 25, the Government executed Faizullah Makhubat, 78,a Jew who had been detained under harsh conditions for 22months at Evin Prison in Tehran. A leading member of Iran'sJewish community, Makhubat was convicted of espionage andsabotage. After taking delivery of the body, Makhubat's familymembers discovered that the eyes had been gouged out, the teethbroken, and contusions and bruises covered the body.In November, Ali Akbar Saidi-Sirjani, a leading intellectualdissident, died in detention 8 months after his arrest on theimprobable charges of drug trafficking and espionage.Authorities claimed the cause of death was a heart attack, butmembers of Saidi-Sirjani's family maintain that he had no history ofheart disease or drug problems. The Government didnot allow an independent autopsy.A best selling author, Saidi-Sirjani was a prominent advocateof abolishing censorship. He emphasized Iran's pre-Islamictradition of respect for individual rights and of fightingtyranny. He was arrested on March 14 with journalist NiaziKermani, reportedly because they had published a workquestioning the principles of the 1979 revolution. Iraniannewspapers published their alleged confessions to crimes ofmoral turpitude.Five members of the outlawed Kurdish Democratic Party of Iranwere reportedly executed in February at Diselabad Prison inKermanshah for engaging in unspecified political activity. Thevictims, who were allegedly tortured prior to execution, were:Hossein Sobhani, Rauf Mohammadi, Bahman Kosravi, GhaderiMoradi, and Adel Abdollahi.Three Evangelical Christian ministers were murdered by unknownassailants. The Government had accused them of seekingconverts among Muslims. The Rev. Mehdi Dibaj, a pastor of theAssemblies of God church, was arrested in 1993 and sentenced todeath for apostasy. He was released from prison in Januaryafter his case received international publicity, but wasabducted and murdered. His body was discovered on a Tehranstreet in July.The Rev. Haik Hovsepian-Mehr, who served as Chairman of theCouncil of Protestant Ministers and Secretary General of theAssemblies of God church, was abducted in February and founddead a few days later. Prior to his murder, Rev.Hovsepian-Mehr reportedly refused to sign a declaration fromthe then Ministry of Islamic Guidance stating that IranianChristians enjoyed full constitutional rights. The Rev. TateosMichaelian, the pastor of St. John Presbyterian EvangelicalChurch in Tehran, and acting chairman of the Council ofProtestant Ministers (a position he assumed after the abductionof Rev. Hovsepian-Mehr), was abducted in June. According tothe Government, the Rev. Michaelian's body was discovered inJuly, stuffed into a large freezer, with bullet wounds in thethroat 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 weremurdered by operatives of the Mojahedin-e Khalq, an oppositiongroup seeking the Government's overthrow. Although there is noevidence that the Government was involved in the killings, itbears responsibility for trying the Rev. Dibaj for apostasy andfostering an atmosphere of religious intolerance.In February security forces reportedly killed a number of SunniMuslims who staged a demonstration in the city of Zahedan toprotest the Government's destruction of a local mosque. InAugust a large spontaneous demonstration broke out in the cityof Qazvin after the Majles rejected a proposal to designate thecity as a separate province. The Government dispatched troopsto quell the disturbance, which reportedly attracted up to100,000 demonstrators. During their efforts to restore order,the troops reportedly killed dozens of demonstrators andwounded hundreds.The Government continued to assassinate political opponentsabroad. On January 4, a member of the Revolutionary Command ofthe Kurdish Democratic Party of Iran, Taha Kermani, wasassassinated in Corum, Turkey. Prior to his murder, Mr.Kermani was designated a refugee by the U.N. High Commissionerfor Refugees (UNHCR). On March 10, a member of the KurdishDemocratic 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, amember of the Revolutionary Command of the Kurdish DemocraticParty of Iran, Osman Mohamad Amini, was murdered in hisapartment in Copenhagen. On November 14, a monarchistopposition figure, Ali Mohammed Assadi, was stabbed to death inBucharest.Investigations of Iranian state-sponsored terrorism abroadcontinued in 1994. In December a court in France convictedthree Iranians of the 1991 assassination of former PrimeMinister Shahpour Bakhtiar and his assistant, KatibehFallouch. Defendents Ali Vakili Rad and Massoud Hendi weresentenced to life and 18 years, respectively. The prosecutorsaid the crime was organized from "within the heart of theIslamic Republic of Iran."In 1993 the Government of Switzerland requested the extraditionfrom France of two Iranians indicted in the 1991 murder inGeneva of Karem Rajavi, the brother of the leader of theMojahedin-e Khalq, Masud Rajavi. Instead, the FrenchGovernment expelled the suspects to Iran on December 29, 1993.The two were among 13 Iranians indicted by the Swiss Governmentfor the murder; the other 11 were at large at the time of theindictments.The trial of Kazem Darabi, an Iranian citizen charged withmurdering four Iranian Kurdish dissidents in Berlin in 1992under instructions from the Iranian Government, continued inGermany. b. DisappearanceNo reliable information is available on the number ofdisappearances in 1994. However, in 1994 the UNCHR conveyed tothe Government in 1994 the names of 506 missing persons. Inthe period immediately following arrest, many detainees areheld incommunicado, a situation that amounts to temporarydisappearance. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentCredible reports indicate that security forces continue totorture detainees and prisoners. Common methods includesuspension for long periods in contorted positions, burningwith cigarettes, and most frequently, severe and repeatedbeatings with cables or other instruments on the back and thesoles of the feet. Reports of flogging, stoning, amputations,and public executions also are common.Some prisoners are held in solitary confinement or deniedadequate rations or medical care to force confessions. Femaleprisoners have reportedly been raped or otherwise torturedwhile in detention. In the past, prison guards haveintimidated the family members of detainees and have sometimestortured detainees in their presence.A German engineer, Helmut Szimkus, was released from Evinprison in Tehran on July 1 after serving 5 1/2 years foralleged spying. Szimkus later told reporters that he wastortured in prison and claimed he had witnessed guards torturechildren in the presence of their parents to extractconfessions from the adults.In September the International Committee of the Red Cross(ICRC) issued a report on "unresolved humanitarian issues" fromthe Iran-Iraq war. The ICRC noted that the Government violatedthe Third Geneva Convention by failing to identify combatantskilled in action and exchange information on those killed ormissing. According to the report, the fate of almost 19,000Iraqi prisoners of war (POW's) in Iran "remained unknown." Thereport criticized the Government for obstructing ICRC effortsto register and repatriate POWs. d. Arbitrary Arrest, Detention, or ExileAlthough the Constitution prohibits arbitrary arrest anddetention, there is reportedly no legal time limit onincommunicado detention, nor any judicial means to determinethe legality of detention. Suspects may be held forquestioning in jails or local Revolutionary Guard offices.The security forces often do not inform family members of aprisoner's welfare and whereabouts. If known, the prisonerstill may be denied visits by family and legal counsel. Inaddition, families of executed prisoners do not always receivenotification of the prisoner's death. The family of BahmanSamandir, a Baha'i exeucted by the Government in 1992, hasstill been unable to recover his body.In August security forces arrested some 3,000 persons inQazvin, after army troops had quelled disturbances in that city(see Section 1.a.). Credible reports indicated that many ofthe detainees were released only after they signed a falseconfession indicating they were members of the Mojahedin-eKhalq.Adherents of the Baha'i faith continue to face arbitrary arrestand detention. One Baha'i, Ramazan Ali Zolfaqari, wasconvicted of apostasy, imprisoned, and released on Janury 6.His conviction is still in effect. As of August, about eightBaha'is were imprisoned because of their beliefs. TheGovernment appears to adhere to a practice of detaining a smallnumber of Baha'is at any time. Two Jews are believed to be inprison because of their religion, and a Christian leader namedBeni Paul is also reportedly in detention. e. Denial of Fair Public TrialIran has two court systems: the traditional court system,which adjudicates civil and criminal offenses; and the IslamicRevolutionary Courts, which were established in 1979 to try"political" offenses, narcotics crimes, and "crimes againstGod." Many aspects of the prerevolutionary judicial systemsurvive in the civil and criminal courts. For example,defendants have the right to a public trial, may choose theirown lawyer, and have the right of appeal. Trials areadjudicated by panels of judges. There is no jury system. Inthe absense of post-revolution laws, the Government advisesjudges to base their decisions on Islamic law. Moreover, thesecourts are not fully independent. The revolutionary courts mayconsider cases normally in the jurisdiction of the civil andcriminal courts and also may overturn their decisions.Assignment of cases to either system of courts appears to behaphazard. The Supreme Court has limited authority to reviewcases.Defendants tried in the revolutionary courts are not grantedfair trials. These defendants are often held in prolongedpretrial detention without access to attorneys, and theirattorneys are rarely afforded sufficient time to prepare theirdefense. Defendants are often indicted for such vague offensesas "moral corruption," "antirevolutionary behavior," and"siding with global arrogance." Defendants do not have theright to confront their accusers or the right to appeal.Summary trials of 5 minutes are common and some trials areconducted in secret. Others are show trials intended tohighlight a coerced public confession. Two highly publicizedshow trials occurred in 1994: one for a person accused ofbombing a religious shrine in Mashhad; the other for a personaccused of bombing Ayatollah Khomeini's tomb near Tehran. TheGovernment accused the charged individuals with membership inthe Mojahedin-e Khalq. Rather than conduct a genuineinvestigation into the bombings, the Government linked them tothe murders of the Evangelical Christian clerics (see Section1.a) and characterized all of these events as a Mojahedin plot.In August the Majles approved a law reorganizing the courtsystem. Among its provisions, the law authorizes judges to actas prosecutor and judge in the same case. The rights ofdefendents are further eroded by the fact that many judgesretired after the revolution, and others were disbarred forideological reasons. The Government has replaced them withjudges who are regarded as politically acceptable to the regime.There are no available estimates on the number of politicalprisoners. However, the Government often arrests persons ontrumped-up criminal charges when their actual "offenses" arepolitical. In October the U.N. Special Representative issued areport which noted that he had requested the Government toprovide information on 78 reported political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution states that "reputation, life, property, (and)dwelling(s)" are protected from trespass except as "provided bylaw." However, security forces enter homes and offices,monitor telephone conversations, and open mail without courtauthorization. The wife of writer Saidi-Sirjani reported that,after her husband's arrest in March, the Anti-Vice Departmentof the Revolutionary Prosecutor's office raided her home,seized her husband's papers, and sealed the library (seeSection 1.a.).Paramilitary volunteer forces known as the Basiji and othersecurity forces monitor the social activities of citizens.Such organizations may harass or arrest women whose clothingdoes not cover the hair and all of the body except hands andface, or those who wear makeup. Enforcement of such standardsof public morality varies with the political climate and thejurisdiction.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for the freedom of the press, exceptwhen published ideas are "contrary to Islamic principles, orare detrimental to public rights." In practice, the Governmentcontrols most publications. Newspapers are generallyassociated with various factions in the Government. Theyreflect different views and criticize the Government but areprohibited from criticizing the concept of the Islamic Republicor promoting the rights of ethnic minorities.The Government may harass or shut down independent publishinghouses that are overly critical of public policy. Nonetheless,some independent publishers out of favor with the Governmentcontinue to survive. In October a bimonthly newspaper, Asr-eMa (Our Era), was launched by a former government minister. Ithas called for the establishment of political parties.Those whose comments offend the Government risk arrest andsummary punishment. In 1994 Azizollah Amir Rahimi, a formergeneral, distributed open letters and gave interviews to theforeign media in which he called on President Rafsanjani tostep down and organize free elections. Rahimi and his son werereportedly detained on November 1 for his comments. Noinformation on the status of their cases was available atyear's end.In October 134 prominent writers distributed an open letterprotesting excessive official censorship. In response,Ayatollah Ahmad Jannati delivered a sermon on November 11 inwhich he warned that Muslims might take some unspecified"action" against the writers. The semiofficial Tehran Timescautioned against freedom of speech, editorializing that suchfreedom does not permit publication of "unsocial, immoral andseditious articles."The Ministry of Islamic Culture and Guidance ensures that booksdo not contain offensive material prior to publication. Itinspects foreign printed materials prior to their release onthe market. However, some books and pamphlets critical of theGovernment are published without reprisal.In March the Government reaffirmed as binding and irrevocablethe 1989 religious decree condemning to death British authorSalman Rushdie for his book, "The Satanic Verses." TheGovernment considers the book blasphemous. It made no publicmove to repudiate its promise of a cash award to any person whokills Rushdie.The Government owns all broadcasting facilities, and theirprogramming reflects its political and socioreligiousideology. In June officials reportedly seized 1,995 satellitereceiving dishes and videotapes in the port of Bandar Abbas.The Majles passed a law in January 1995 banning the import anddistribution of satellite dishes and calling for the removal ofexisting satellite dishes. But the law had been declaredunconstitutional by the Council of Guardians at press time, soits enforcement is uncertain.Academic censorship persists, even though restrictions onacademic freedom have eased since the immediatepostrevolutionary period. However, in May Supreme LeaderKhamenei said in a speech at the Islamic Open University thatthe university's atmosphere "must be protected from thepenetration of poisonous and anti-Islamic thoughts" and thatthe university's administration "is justified in preventing theexpression of any remarks against Islamic and revolutionaryvalues."Government informers are said to be common on universitycampuses and monitor classroom material. Admission touniversities is politicized; all applicants must pass"character tests" in which officials screen out applicantscritical of the Government's ideology. To achieve tenure,professors reportedly must cooperate with governmentauthorities over a period of years. b. Freedom of Peaceful Assembly and AssociationThe Constitution permits assemblies and marches "provided theydo not violate the principles of Islam." Numerous unplanneddemonstrations occurred throughout Iran in 1994 (see Section1.a.).The Constitution also provides for the establishment ofpolitical parties, professional associations, and religiousgroups provided they do not violate the principles of "freedom,sovereignty, (and) national unity" or question Islam or theIslamic Republic. In practice, most independent organizationsare banned, co-opted by the Government, or moribund.In February the Ministry of Interior granted licenses to some80 political and professional organizations out of anestimated 400 applications. No major opposition faction wasevident among the licensed groups. Authorities continue tomonitor the activities of the Freedom Movement, a politicalgroup founded in 1961 and declared illegal in 1991. c. Freedom of ReligionThe Constitution declares that the "official religion of Iranis Islam and the sect followed is Ja'fari Shi'ism." It alsostates that "other Islamic denominations shall enjoy completerespect." Religion is almost inseparable from government. ThePresident and many top officials, including the Speaker of theParliament 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, therest of the population are Sunni Muslims who include Kurds,Arabs, Turkomans, Baluchis, and other ethnic minorities.The Constitution recognizes Christianity, Judaism, andZoroastrianism. Members of these religions electrepresentatives to reserved Parliamentary seats. They are freeto practice their religion and instruct their children, but theGovernment interferes with the administration of their schools.Harassment by government officials is common (See Section 5).Non-Muslims may not proselytize Muslims. Three EvangelicalChristian ministers were killed in 1994. One, who hadconverted to Christianity in 1983, had been sentenced to deathfor apostasy in December 1993 and released in response to aninternational appeal (see Section 1.a.).The Government regards the Baha'i community, the largestnon-Muslim minority with 300,000 to 350,000 members, as a"misguided sect." It prohibits Baha'is from teaching theirfaith and maintaining links with coreligionists abroad.In October 1993, the Majles approved legislation that prohibitsgovernment workers from membership in groups that deny the"divine religions." The Government uses such terminology todescribe members of the Baha'i faith. The law also stipulatespenalties for government workers who do not observe "Islamicprinciples and rules." d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens may travel to any part of Iran, although there havebeen travel restrictions to Kurdish areas during times of heavyfighting. People may change their place of residence withoutobtaining official permission. The Government requires exitpermits for draft-age males and citizens who are politicallysuspect. Some Iranians, particularly those whose skills are inshort supply and who were educated at government expense, mustpost bonds to obtain exit permits.The Government permits Iranian Jews to travel abroad, but oftendenies them the multiple-exit permits normally issued to othercitizens. The Government does not normally permit all membersof a Jewish family to travel abroad at the same time.The Government and the UNHCR estimate that there wereapproximately 1.7 million Afghan refugees in Iran in late1994. The majority have been integrated into local society.Others live seminomadic lives or reside in governmentsettlements. The UNHCR repatriated more than 110,000 refugeesto Afghanistan in 1994 and is supervising the repatriation ofmany more. Tens of thousands of Iraqi Kurdish and Shi'a Muslimrefugees, displaced by the aftermath of the Gulf War, remainedin Iran in 1994. The Government of Iran provided assistance tothese refugees.</text>
</content>
<name>Iran </name>
<script></script>
</card>
card_33887.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: INDONESIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995companies were paying at least the regional minimum wage iscertainly exaggerated; independent observers' estimates rangebetween 30 and 60 percent. Government enforcement is weak, andsanctions are light against employers who fail to pay theminimum wage. Nevertheless, as a result of governmentpressures, the wave of strikes in the first quarter, and theMedan riots, some improvement in the situation seems to havetaken place. Labor law and ministerial regulations provideworkers with a variety of other benefits, such as socialsecurity, and workers in more modern facilities often receivehealth benefits and free meals.The law establishes 7-hour workdays and 40-hour workweeks, withone 30-minute rest period for each 4 hours of work. The lawalso requires 1 day of rest out of every week. The dailyovertime rate is 1 1/2 times the normal hourly rate for thefirst hour, and twice the hourly rate for additional overtime.Regulations allow employers to deviate from the normal workhours upon request to the Minister of Manpower and with theagreement of the employee. Observance of laws regulatingbenefits and labor standards varies from sector to sector andby region. Employer violations of legal requirements arefairly common and often result in strikes and employeeprotests. The Ministry of Manpower continues publicly to urgeemployers to comply with the law. However, in general,government enforcement and supervision of labor standards areweak.Both law and regulations provide for minimum standards ofindustrial health and safety. In the largely Western-operatedoil sector, safety and health programs function reasonablywell. However, in the country's 100,000 larger registeredcompanies in the nonoil sector, the quality of occupationalhealth and safety programs varies greatly. The enforcement ofhealth and safety standards is severely hampered by the limitednumber of qualified Department of Manpower inspectors as wellas by the low level of employee appreciation for sound healthand safety practices. Allegations of corruption on the part ofinspectors are common. Workers are obligated to reporthazardous working conditions. Employers are forbidden by lawfrom retaliating against those who do, but the law is noteffectively enforced.</text>
</content>
<name> </name>
<script></script>
</card>
card_33628.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: INDONESIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenBy law, women are equal to and have the same rights,obligations, and opportunities as men. However, in practicewomen face some legal discrimination. For example, in divorcecases women often bear a heavier evidentiary burden than men,especially in the Islamic-based family court system. Althoughsome women enjoy a high degree of economic and social freedomand occupy important midlevel positions in both the public andprivate sectors, the majority of women do not experience suchsocial and economic freedoms, and are often disproportionatelyrepresented at the lower end of the position scale. Forexample, although women constitute one-quarter of the civilservice, they occupy only a small fraction of the service's topposts. Income disparity between men and women diminishessignificantly with greater educational attainment.Women are often not given the extra benefits and salary thatmen receive that is their due when they are the head ofhousehold, and in some cases do not receive employment benefitsfor their husband and children, such as medical insurance.Despite laws guaranteeing women a 3-month maternity leave, theGovernment has conceded that pregnant women are often dismissedor are replaced while on leave. Some companies require thatwomen sign statements that they will not become pregnant.Women workers also have complained of being sexually victimizedby foremen and factory owners.Women workers in manufacturing generally receive lower wagesthan men and also are more likely to be hired on a daily onlybasis. As a result, they are less likely to receive benefitslegally mandated for permanent workers.Women disproportionately experience illiteracy, poor health,and inadequate nutrition. However, women's educationalindicators have improved in the last decade. For example, thenumber of girls graduating from high school tripled from 1980to 1990. Several voluntary, private groups work actively toadvance women's legal, economic, social, and political rightsand claim some success in gaining official cognizance ofwomen's concerns.Rape is a punishable offense in Indonesia. Men have beenarrested and sentenced for rape and attempted rape. TheNational Police reported 1,341 rape cases for 1991, 1,356 casesfor 1992, and 1,341 cases for 1993. However, women's rightsactivists believe rape is grossly underreported owing to thesocial stigma attached to the victim. Some legal experts statethat if a woman does not go immediately to the hospital for aphysical exam which produces semen or other physical evidenceof rape, she will not be able to bring charges. Some womenfail to report rape to police out of fear of being molestedagain by the police themselves."In general, the problem of violence against women remainspoorly documented. However, the Government has acknowledgedthe problem of domestic violence in society, which some say hasbeen aggravated by recent social changes brought about by rapidurbanization. Longstanding traditional beliefs that thehusband may "teach" or "control" the wife through severalmeans, including violence, also contribute to the problem.Although women's groups are trying to change the law, rape by ahusband of a wife is not a crime in Indonesia. While policecould bring assault charges against a husband for beating hiswife, due to social attitudes they are unlikely to do so. TheGovernment provides some counseling, and several privateorganizations exist to assist women. Many of theseorganizations focus mainly on reuniting the family rather thanon providing protection to the women involved. There are nobattered women's shelters. Many women rely on extended familysystems for assistance in cases of domestic violence. ChildrenThe Government is committed to children's rights and welfare,but is hampered by a lack of resources in translating thiscommitment into practice. A 1979 law on children's welfaredefines the responsibility of the State and parents to nurtureand protect children. However, implementing regulations havenever been developed, and the law's provisions have yet to gointo effect. The Government has made particular efforts toimprove primary education, maternity services, and familyplanning.The United Nations Children's Fund (UNICEF) estimates that morethan 1 million children drop out of primary school every yeardue mainly to the cost of supplies, uniforms and otherexpenses, in addition to the professed need for the children tosupplement family income. Thousands of street children livingin Jakarta and other cities sell newspapers, shine shoes, helpto park or watch cars, and otherwise earn money. Manythousands more work in factories and fields (see also Section6.d.). NGO's criticize government efforts to help thesechildren as inadequate.Child prostitution and other sexual abuses occur, especiallycases of incest between stepfathers and stepdaughters, but dataon their incidence is lacking. Some child care experts believeit to be low. While there are laws designed to protectchildren from indecent activities, prostitution, and incest,the Government has made no special enforcement efforts in theseareas.Female genital mutilation (FGM) occurs in some parts ofIndonesia; precise statistics are not available. In Java, itusually takes place within the first year after birth and isperformed either at a hospital or by a local traditionalpractitioner or "dukun," especially in rural areas. Usually asmall section of the tip of the clitoris is cut or a smallincision is made in the tip of the clitoris with the purpose ofdrawing a few drops of blood. Total removal of the clitoris isnot the objective of the practice, although it does occur ifineptly performed. Indigenous PeopleThe Government states publicly that it recognizes the existenceof several indigenous population groups, and that they have aright to participate fully in political and social life.Critics maintain that the Government's approach is basicallypaternalistic and designed more to integrate them more closelyinto Indonesian society than to protect their traditional wayof life.The Government's transmigration program, which moved largenumbers of people from overpopulated islands to more isolatedand backward ones, has been significantly reduced in recentyears. The program is criticized by human rights monitors whosay that it not only sometimes violates the rights ofindigenous people but also those of some of the transmigrantswho claim that they are duped into leaving their home villageswithout any means of return.Human rights monitors have expressed concern about thepractices of some logging companies which recruit indigenouspeople for work. According to Human Rights Watch, thisactivity in Irian Jaya has separated these people from theirtraditional economies. Workers reportedly are paid usingcompany-issued credit cards that can be used only at companystores where prices are fixed. Workers go into debt and remainindentured to the company.Where indigenous people clash with development projects, thedevelopers almost always win. For example, in Kalimantanmembers of a Dayak tribe were forced from their land by atimber concession in August. In retaliation, they attackedcompany facilities and several were subsequently arrested.Most civil servants in local governments in Irian Jaya andother isolated areas continue to come primarily from Javarather than the indigenous population. National/Racial/Ethnic MinoritiesIndonesians exhibit considerable racial and ethnic tolerance,with the important exception of official and informaldiscrimination against ethnic Chinese, who comprise about 3percent of the population. Since 1959 noncitizen ethnicChinese have been denied the right to run businesses in ruralIndonesia. Regulations prohibit the operation of all Chineseschools for ethnic Chinese, formation of exclusively Chinesecultural groups or trade associations, and public display ofChinese characters. In August the ban on use of Chinesecharacters was eased slightly to allow firms working in thetourist industry to produce Chinese-language brochures,programs, and similar material for Chinese-speaking tourists.However, Chinese-language publications, with the exception ofone government-owned daily newspaper, may neither be importednor produced domestically. Private instruction in Chinese isgenerally prohibited but takes place to a limited extent, andsince August has been allowed in training employees in thetourism industry in functional Mandarin. State universitieshave no formal quotas that limit the number of ethnic Chinese.The law forbids the celebration of the Chinese New Year intemples or public places, but its enforcement was limited in1994, and Chinese New Year decorations were displayed in publicshopping areas in major cities.East Timorese and various human rights groups charge that theEast Timorese are underrepresented in the civil service in EastTimor. It is difficult to confirm or deny the charges as thereappears to be no registry of the birth place of civil servants,who can be transferred anywhere. East Timorese have expressedconcern that the transmigration program could lead to feweremployment opportunities and might eventually destroy EastTimor's cultural identity. People with DisabilitiesNo national law specifically addresses the problems or statusof the disabled, nor do they receive special programs orattention. However, during 1994 the Ministry of Social Welfarebegan drafting regulations on treatment of the handicappedpartly based on the Americans with Disabilities Act, andPresident Soeharto gave his approval to submission of these newregulations to the Parliament. Virtually no public buildingsor public means of transport are designed specifically foraccess by the disabled. They face considerable discriminationin employment.The Constitution includes the right of every citizen to obtainan education. In 1989 the Government issued regulationscovering education for the mentally and physically disabled.However, the regulations do not grant a right to publiceducation for handicapped children. While there are somepublic schools for the handicapped, the Government supports theconcept that education should be provided by the community inthe form of NGO-run private schools that may receive somepublic funds.Section 6 Worker Rights a. The Right of AssociationPrivate sector workers including those in export processingzones are free to form worker organizations without priorauthorization. Until 1994 only a recognized union couldbargain on behalf of employees or represent workers in theDepartment of Manpower's labor courts. A new regulationpromulgated in January provides that workers in a singlecompany with more than 25 employees can join together andnegotiate legally binding agreements with their employeroutside the framework of the All Indonesian Workers Union(SPSI), the only legally recognized union (see below). TheGovernment encourages these plant-level workers associations tojoin the SPSI. While 192 of these plant-level associationswere formed by the end of the year, only one had concluded acollective bargaining agreement with management. Currentnumerical requirements for union recognition, though lowered in1993, still constitute a significant barrier to recognition andthe right to engage in collective bargaining. In addition, theMinistry of Manpower enforces a regulation that requires aunion be set up "by and for workers" to deny recognition togroups which include people it considers nonworkers, such aslawyers or human rights activists, who are involved as labororganizers.There is, de facto, a single union system, and it is theGovernment's stated policy to seek to improve effectiveness ofthe recognized SPSI unions rather than to further the processfor the formation of alternative organizations. The SPSI beganin 1993 a transformation from a unitary (centralized) to afederative (decentralized) structure. Its 13 industrialsectors are now registered as independent unions. The onlyunions recognized by the Department of Manpower are those whichpreviously constituted the SPSI's industrial sectors.Two other labor groups, Setia Kawan (Solidarity), also known asSerikat Buruh Merdeka (SBM, Free Trade Union), and SerikatBuruh Sejahtera Indonesia (SBSI, Indonesian Workers WelfareUnion), have been organized but are not registered. SetiaKawan, founded 3 years ago, is now essentially moribund. TheSBSI, created in 1992, claims it has formed the necessarynumber of factory-level units to meet the legal requirementsfor registration as a labor union, but its most recent requestin November for registration as a trade union was denied. TheMinister of Manpower has stated that any unions which areformed should affiliate with the SPSI federation and that theGovernment will not recognize any unions outside thefederation. There have reportedly been tentative overtures tobring the SBSI into the SPSI. The SBSI, however, has refusedto accept these offers.The SBSI also has attempted unsuccessfully three times toregister with the Department of Home Affairs as a socialorganization under the ORMAS Law, a prerequisite to recognitionas a labor union. The Home Affairs Department had not repliedat year's end to SBSI's most recent request of November 17.The Government considers the SBSI illegal. Although theGovernment has not disbanded it, it has continually harassedit, especially after large-scale labor demonstrations, whichthe SBSI helped to organize in Medan in April, degenerated intoanti-Chinese rioting. The Government arrested a number of theMedan SBSI leadership in the spring, and it arrested theNational Chairman of the SBSI, Muchtar Pakpahan, in August.They were charged with inciting violence in connection with theriots. The Director General of the International LaborOrganization (ILO) sent a strongly worded letter to theMinister of Manpower expressing "serious concern" over thearrest of Pakpahan. The Medan leadership received sentences ofbetween 3 and 15 months in prison. In November Pakpahan wassentenced to a 3-year prison term, a sentence that was extendedto 4 years in January 1995 when his appeal was rejected. It iswidely believed that the Government's actions against the SBSIleadership are intended to discredit or destroy theorganization.Also in November, the ILO's Committee on Freedom ofAssociation, in its conclusions on the complaint made by theSBSI against the Government, criticized the Government's policyof recognizing only the SPSI and commented that "beyond thespecific events raised in the present case, the Committee feelsbound to note that the allegations reveal, from a more generalperspective, a situation of a trade union monopoly in practice,and of heavy involvement of the police and armed forces inlabor matters," and called on the Government to refrain fromshowing favoritism toward, or discrimination against, anyparticular unions.Because of past Ministry of Manpower regulations, many SPSIfactory units are led by persons who have little credibilitywith their units' members because they were selected byemployers. A new regulation states that employees must onlynotify their employer that they wish to form a union and thatthey may proceed if they do not receive a response from theiremployer within 2 weeks. Despite this new provision, strikescontinue to occur because employers attempt to prevent theformation of union branches. These strikes are invariablysuccessful, and the formation of an SPSI unit follows shortlythereafter. However, workers who are active in the formationof the union are frequently dismissed and have no practicalprotection by either law or government practice.Civil servants are not permitted to join unions and must belongto KORPRI, a nonunion association whose Central DevelopmentCouncil is chaired by the Minister of Home Affairs. Stateenterprise employees, defined to include those working inenterprises in which the State has a 5-percent holding orgreater, usually are required to join KORPRI, but a smallnumber of state enterprises have SPSI units. Teachers mustbelong to the Teachers' Association (PGRI). While technicallyclassed as a union, the PGRI continues to function more as awelfare organization and does not appear to have engaged intrade union activities such as collective bargaining.Unions may draw up their own constitutions and rules and electtheir representatives. However, the Government has a greatdeal of influence over the SPSI and its federated unions. Thehead of the SPSI is a senior member of GOLKAR, and he and twoother senior SPSI officials are members of Parliamentrepresenting GOLKAR. With one exception, all members of theexecutive council are members of GOLKAR. These persons havebeen given positions in the new federated industrial sectorunions. The Minister of Manpower is a member of the SPSI'sConsultative Council. Numerous regional SPSI officials alsoare GOLKAR members, sometimes serving in regionallegislatures. According to credible reports, the Governmentinterferes in the selection of SPSI officers, especially byplacing retired military officers in midlevel SPSI positions.The Government has stated that it will cease the practice ofplacing military officers in union positions and eventuallywill remove officials with significant GOLKAR connections.Under the Criminal Code, police approval is needed for allmeetings of five people or more of all organizations outsideoffices or normal work sites. This provision also applies tounion meetings. Permission is routinely given to the SPSI butnot to rival organizations such as SBSI, which was preventedfrom holding several meetings over the last few years,including its first congress in 1993. The Government maydissolve a union if it believes the union is acting againstPancasila, although it has never actually done so, and thereare no laws or regulations specifying procedures for uniondissolution.The SPSI maintains international contacts but is not affiliatedwith any international trade union organizations except theassociation of Southeast Asian nations (ASEAN) Trade UnionCouncil.On April 20 the International Confederation of Free TradeUnions lodged a formal complaint against Indonesia with theInternational Labor Organization (ILO), supplementing aprevious complaint filed in 1987, accusing the Government ofdenying workers' right to set up unions of their own choosing,harassing independent workers' organizations, and of takingother actions contrary to ILO standards on freedom ofassociation and the right to collective bargaining.While Pancasila principles call for labor-managementdifferences to be settled by consensus, all organized workersexcept civil servants have the legal right to strike. Whilestate enterprise employees and teachers rarely exercise thisright, private sector strikes are frequent. Before a strikecan occur in the private sector, the law requires intensivemediation by the Department of Manpower and prior notice of theintent to strike. However, no approval is required. Inpractice, dispute settlement procedures are not followed, andformal notice of the intent to strike is rarely given becauseDepartment of Manpower procedures are slow. These procedureshave little credibility with workers, who ignore them. Suddenstrikes, therefore, tend to result from longstanding grievancesor recognition that legally mandated benefits or rights are notbeing received. While strike leaders are not arrested forillegal strikes, they often lose their jobs and have no legalrecourse for reinstatement. The number of strikes increasedsignificantly during 1994 compared to the previous year, withthe most dramatic increases occurring in the first quarter ofthe year. b. The Right to Organize and Bargain CollectivelyCollective bargaining is provided for by law, and theDepartment of Manpower promotes it within the context of thenational ideology, Pancasila. Until recently only recognizedtrade unions, that is, the SPSI and its components, couldlegally engage in collective bargaining. As noted, newgovernment regulations also permit unaffiliated plant-levelworkers associations to conclude legally binding agreementswith employers, though only one had done so by year's end.Agreements concluded by any other groups are not consideredlegally binding and are not registered by the Department ofManpower.The majority of the collective bargaining agreements betweenthe SPSI units and employers are negotiated bilaterally. Oncenotified that 25 employees have joined a registered SPSI orindependent plant level union, an employer is obligated tobargain with it. In companies without unions, the Governmentdiscourages workers from utilizing outside assistance, e.g.,during consultations with employers over company regulations.Instead, the Department of Manpower prefers that workers seekits assistance and believes that its role is to protectworkers. There are credible reports that for some Indonesiancompanies, consultations are perfunctory at best and usuallywith management-selected workers; there are also crediblereports to the contrary from U.S. companies. Over half of thefactory-level SPSI units have collective bargainingagreements. The degree to which these agreements are freelynegotiated between unions and management without governmentinterference varies. By regulation, negotiations must beconcluded within 30 days or be submitted to the Department ofManpower for mediation and conciliation or arbitration. Mostnegotiations 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 ofthese agreements rarely go beyond the legal minimum standardsestablished by the Government, and the agreements are oftenmerely presented to worker representatives for signing ratherthan being negotiated.Although government regulations prohibit employers fromdiscriminating or harassing employees because of unionmembership, there are credible reports from union officials, ofemployer retribution against union organizers, includingfiring, which is not effectively prevented or remedied inpractice. Some employers reportedly have warned theiremployees against contact with union organizers from theunrecognized SBSI organization. In addition to Marsinah (seeSection 1.e.), several other labor union activists have diedunder mysterious circumstances during the past 2 years. Somehuman rights and labor NGO's believe that the authorities havenot adequately investigated these deaths.Charges of antiunion discrimination are adjudicated byadministrative tribunals. However, many union members believethe tribunals generally side with employers. Because of thisperceived partiality, many workers reject or avoid theprocedure and present their grievances directly to Parliamentand other agencies. Administrative decisions in favor ofdismissed workers tend to be monetary awards; workers arerarely reinstated. The provisions of the law make it difficultto fire workers, but the law is often ignored in practice.The armed forces, which include the police, continues toinvolve itself in labor issues, despite new regulationspromulgated in January to prohibit military interference whenthere is no threat to security. There is some evidence thatthe incidence of such military involvement decreased in 1994,and some observers credit government security forces withrestraint 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 tointimidate union organizers and strike leaders and have beenpresent in significant numbers during some strikes, even whenthere has been no destruction of property or other violence.Members of military intelligence attended and monitored tradeunion education seminars run by the Asian-American Free LaborInstitute (AAFLI), even though these programs were approved bythe Department of Manpower. In 1993 the military command inSurabaya also halted an AAFLI-SPSI program on legal aid forindustrial disputes approved by the Department of Manpower. Atyear's end the program had not been allowed to resume despitegovernment assurances. Military officials occasionally havebeen reported present during negotiations between workers andmanagement. Their presence has been described as intimidatingby plant-level union officials. A military officer was amongthose convicted in connection with the Marsinah murder case.Labor law applies equally in export processing zones. c. Prohibition of Forced or Compulsory LaborThe law forbids forced labor, and the Government generallyenforces it. NGO reports have alleged that some cases offorced labor in the form of debt bondage by logging companiesexist in Irian Jaya. The Government says that it is unable toverify these allegations because they are insufficientlyspecific. No complaints or information on forced labor inIrian Jaya had come to the attention of the National HumanRights Commission as of late September. (See also Section 5,Indigenous People.) d. Minimum Age for Employment of ChildrenChild labor exists in both industrial areas and rural areas.There are an estimated 2.7 million working children between theages of 10 and 14, according to a 1994 report of the U.N. HumanRights Commission. Indonesia was one of the first countries tobe selected for participation in the ILO's InternationalProgram on the Elimination of Child Labor (IPEC), and signed amemorandum of understanding with the ILO to guide theircollaboration under this program on May 29, 1992.Recommendations for a plan of action were developed at anational conference in Bogor in July 1993. During 1994, 120government labor inspectors received ILO-sponsored training onchild labor matters under the IPEC program.The Government acknowledges that there is a class of childrenwho must work for socioeconomic reasons, and in 1987 theMinister of Manpower issued regulation per-ol/men/1987,"Protection of Children Forced to Work," to regulate thissituation. This regulation legalizes the employment ofchildren under the age of 14 who must work to contribute to theincome of their families. It requires parental consent,prohibits dangerous or difficult work, limits work to 4 hoursdaily, and requires employers to report the number of childrenworking under its provisions. It does not set a minimum agefor children in this category, effectively superseding thecolonial-era government ordinance of December 17, 1925, on"Measures Limiting Child Labour and Nightwork of Women," whichis still the current law governing child labor and sets aminimum age of 12 for employment. The 1987 regulation is notenforced. No employers have been taken to court for violatingits restrictions on the nature of employment for children, andno reports are collected from establishments employingchildren.Act No. 1 of 1951 was intended to bring into force certainlabor measures, including provisions on child labor which wouldreplace those of the 1925 legislation. However, implementingregulations for the child labor provisions have never beenissued. Thus the child labor provisions in the 1951 Act haveno validity. In September 1993, the Government announced itwould review its child labor regulations with the intention oftightening enforcement of restrictions on child labor. Atyear's end, the review had not been completed. e. Acceptable Conditions of WorkIn the absence of a national minimum wage, area wage councilsworking under the supervision of the national wage councilestablish minimum wages for regions and basic needs figures foreach province--a monetary amount considered sufficient toenable a single worker to meet the basic needs of nutrition,clothing, and shelter. While Indonesia has succeeded indramatically lowering the level of poverty throughout thecountry, the minimum wage rates have lagged behind the basicneeds figures. Minimum wage rates were raised throughout thecountry in three stages by province on January 1, April 1, andAugust 1. While in most cases the new rates still did notequal the basic needs figure, the Government announced inAugust that new increases would take place simultaneouslythroughout the country on April 1, 1995. The Department ofManpower projects that at that time minimum wage rates on theaverage will equal 106 percent of the basic needs figure, upfrom 97 percent as of August 1, 1994. Payment of the minimumwage is another question. There are no reliable statistics.The Government's estimate in September, that 96 percent of all</text>
</content>
<name> </name>
<script></script>
</card>
card_33298.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: INDONESIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe trend toward greater openness and freedom of expression inthe press, which began in 1993 and continued through the firsthalf of 1994, suffered a serious setback on June 21 when theGovernment revoked the publishing permits of three ofIndonesia's best known weekly publications: Tempo, Detik, andEditor. Tempo was the nation's most influential newsmagazine,founded in 1971 and widely respected for the breadth and depthof its coverage. Detik was a hard-hitting tabloid specializingin political affairs and social issues. Editor was a respectedvoice on public affairs. The official reasons given forrevocation of the licenses were that Tempo had endangerednational security through its reporting, and that the other twohad committed administrative violations. It is widelybelieved, however, that reporting of alleged differences in theCabinet over a controversial military procurement issue was theproximate cause of the Government's action.Although the Constitution and the 1982 Press Law provide forfreedom of the press, the issuance of publishing licenses undera 1984 ministerial decree is one method the Government uses tocontrol the press. Three other publications had their licensesrevoked in the last decade, although two later reappeared withnew names and changes in top management. In December Ministerof Information Harmoko stated that the Government would issueno new press licenses during 1995 for publications on currentaffairs, and he said there was no chance that the majoritygroup of journalists from the former Tempo magazine would beissued a press permit to found a successor publication; rather,the Minister noted that a press permit had already been issuedto a smaller group of former Tempo employees. Other means ofcontrol include regulation of the amount of advertisingpermitted and of the number of pages allowed in newspapers.The practice of telephoning editors to caution againstpublishing certain stories--the so-called telephoneculture--continued, and its incidence seemed to increasefollowing the action against the three publications in June.Self-censorship continued to be another publicly acknowledgedbrake on free expression whose effectiveness increased afterJune.Military and civilian authorities continued in some cases toissue instructions, more or less subtle, to local journalistson what they could print. For example, after extensivecoverage of the April strikes and riots, press coverage oflabor issues dropped markedly in Medan following directivesfrom authorities to cut back on controversial issues. InJakarta, papers were warned against covering topics rangingfrom the prolonged summer drought to the ban of the threepublications. Medan police tried to curb foreign coverage ofthe April disturbances by insisting on special permits from theministry of information, and at least two foreign reporterswere forced to leave the city. The staff of East Timor's onlynewspaper were subject to various forms of intimidation byunknown sources, and a newspaper-owned vehicle was burned andheavily damaged following the newspaper's coverage of amid-July demonstration which was at variance with the officialaccount.The Government's actions against press freedom in 1994 limitedthe increasingly vocal and independent press that has emergedin recent years. Although protest demonstrations dwindledfollowing the harsh government reaction against somedemonstrators, active opposition to the new government pressmeasures continued in other channels. A number of unsanctionedjournals continued to provide critical coverage ofcontroversial issues, but they were circulated in small numberslargely in major cities. In August, 55 journalists founded theAlliance of Independent Journalists, rivaling thegovernment-sponsored Indonesian Journalists Association (PWI),to work for freedom of expression and oppose any form ofcensorship and interference in press freedom. In September theformer chief editor of Tempo brought a lawsuit in Jakartaadministrative court against the Minister of Information overthe revocation of Tempo's license, the first ever suchlawsuit. At year's end, this suit was still not decided. InOctober most of the editorial staff of Detik joined the staffof the existing publication Symphony and revamped it toresemble Detik. However, publication was suspended after onlya 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 freespeech. For example, on August 29 security forces prohibitednoted human rights activist Adnan Buyung Nasution fromaddressing a seminar on development in Indonesian society inSurabaya. The Government also prevented several other publicfigures, including members of the National Human RightsCommission, from participating in public seminars on one ormore occasions. Authorities often capriciously applied thesestrictures without clear justification for the prohibition. InEast Timor authorities denied permission for NGO's and thelocal university to hold an open seminar on development and thelocal environment. In February authorities in East Java bannedthe performance in Surabaya of a play by well-known author EmhaAinun Nadjib, which was critical of government land policies indevelopment cases. Subsequently the authorities allowedperformance of the play, which had been previously performed inJogjakarta. Two U.S. movies were banned following protest byIslamic religious leaders. However, a play about thecontroversial murder of labor activist Marsinah was staged inJakarta in September.The electronic media remained more cautious in their coverageof the Government than the printed media. The Governmentoperates the nationwide television network, which has 12regional stations. Private television companies continued toexpand, with a fifth station scheduled to begin operation inNovember. All are required to broadcast government-producednews, but many also produce public affairs style programmingthat borders on news.Approximately 600 private radio broadcasting companies exist inaddition to the Government's national radio network. Thegovernment radio station produces "National News," which is bylaw the only radio news broadcast in Indonesia, and it isrelayed throughout the country by the private stations and 49regional affiliates of the government station. By law, theprivate radio stations may produce only "light" news, such ashuman interest stories, and may not discuss politics. Inpractice, many broadcast interviews and foreign news as well.Foreign television and radio broadcasts are readily accessibleto those who can afford the technology, and satellite disheshave proliferated throughout the country. The Government makesno efforts to restrict access to this programming.The Government closely regulates access to Indonesia,particularly to certain areas of the country, by visiting andresident foreign correspondents, and occasionally reminds thelatter of its prerogative to deny requests for visaextensions. The Government requires a permit for theimportation of foreign publications and video tapes, which mustbe reviewed by government censors. Importers sometimes avoidforeign materials critical of the Government or dealing withtopics considered sensitive, such as human rights. Foreignpublications are normally available, although several issueswere delayed or embargoed in 1994 when they carried stories onmatters considered sensitive, such as East Timor.Special permission is necessary for foreign journalists totravel to East Timor, and the Government organized a number ofgroup trips to the province during the year. Approval forindividual trips by journalists to the province, and for traveloutside Dili, remains difficult. During the November APECmeetings, the Government approved travel to the province byseveral dozen foreign journalists, the largest number to visitthe province in many years. Some six journalists andfreelancers who had not obtained permits were denied access tothe province or instructed by authorities to leave East Timor.While the law provides for academic freedom, constraints existon the activities of scholars. Political activity anddiscussions at universities, while no longer formally banned,remained tightly controlled. Scholars sometimes refrain fromproducing or including in lectures and class discussionsmaterials that they believe might provoke governmentdispleasure. An Indonesian academic who has conducted studieson East Timor and whose conclusions are at variance with thoseof the Government was strongly criticized by government figuresand his house stoned by unknown youths. Publishers sometimesrefuse to accept manuscripts dealing with controversialissues. On occasion the Government bans publications and booksoutright. In January it banned a book dealing with PresidentSoeharto's rise to power, and in August, the Attorney Generalbanned a book published by the leader of the messianic Islamicsect Darul Arqam, the third book of this group to be banned inIndonesia. On the other hand, "The Fugitive," a book by theprominent Indonesian novelist and former political prisonerPramoedya Anata Toer, which together with other works byPramoedya had been banned for many years, was published inAugust. b. Freedom of Peaceful Assembly and AssociationAlthough the Constitution provides for freedom of assembly andassociation, the Government places significant controls on theexercise of this right. All organizations must have governmentpermission to hold regional and national meetings. Publicmarches and demonstrations also require permits, which arefrequently not granted. During the year, government andmilitary authorities returned to a more restrictive policy onauthorizing public protest demonstrations, after loosening suchrestrictions for a while during the latter half of 1993. Manyjurisdictions often require prior approval for smallergatherings as well. While obtaining such approval is usuallyroutine, the authorities occasionally withhold permission orbreak up peaceful gatherings for which no permit has beenobtained. In 1994 authorities broke up a meeting between anattorney and his clients in a labor compensation case, and apublic seminar on land issues which was sponsored by awell-known NGO.The courts sometimes hand out stiff penalties to personsconvicted in cases involving free expression, as in the twocases of student demonstrators (mentioned in Section l.e.above), whose sentences were increased on appeal, while atother times they are more lenient. On June 27, security forcesviolently broke up two peaceful marches on the Ministry ofInformation by persons protesting the withdrawal of publicationlicenses from the three publications mentioned above.Approximately 30 persons were detained by the authorities andseveral demonstrators were injured. The Jakarta centraldistrict court sentenced all but one of the persons arrested onthe day after their arrest for demonstrating without a permit,and they were released after paying a nominal fine equivalentto $1. The remaining person, a parolee, was returned to prisonto finish his sentence. On July 7, police entered the compoundof the Legal Aid Society, a prominent Indonesian human rightsNGO, and arrested 41 hunger strikers who were protesting themedia banning. These demonstrators, too, were sentenced to paytoken fines and released after 2 days. Other demonstrations onthis issue during this period were allowed to take placewithout incident, such as a July 5 demonstration of journalistsin Jakarta.A group of several hundred people, who had assembled at theUniversity of East Timor wishing to march to the provincialassembly to air their views about an incident of allegedreligious disrespect the previous day, were dispersed by riotpolice who refused to let the march proceed without a permit.Around a dozen individuals were lightly injured in thisincident, and a number were briefly detained. The authoritiesshowed greater restraint than in past incidents involvingcrowds, using police rather than the army and avoiding the useof firearms.The 1985 Social Organizations Law (ORMAS) requires theadherence of all organizations, including recognized religionsand associations, to the official ideology of Pancasila. Thisprovision, which limits political activity, is widelyunderstood as designed to inhibit activities of groups seekingto make Indonesia an Islamic state. The law empowers theGovernment to disband any organization it believes to be actingagainst Pancasila and requires prior government approval forany organization's acceptance of funds from foreign donors,thereby hindering the work of many local humanitarianorganizations. Nevertheless, a significant number oforganizations, including the independent labor organizationSerikat Buruh Sejahtera Indonesia (SBSI), continue to be activewithout official recognition under this law (see Section 6).In the past few years, NGO's have proliferated in such fieldsas human rights, the environment, development, and consumerprotection. In late 1994, the Government prepared a draftpresidential decree that would bring the more than 700 NGO'sunder controls similar to the ORMAS Law. The draft decree madeavailable by the Government for comment indicated that NGO'swould have to receive government approval for the use of anyforeign assistance they accept, and such assistance must bedeemed consistent with national development policy and notdetrimental to national interests. NGO's would also beprohibited from engaging in political activity and wouldreceive government guidance on fulfilling their declaredfunctions. Many NGO's, fearing that the proposed new decree isan effort by the Government to control their organizations orcurb some of their activities, reacted strongly to the draftwhich, at year's end, the Government had not yet put intoeffect. c. Freedom of ReligionThe Constitution provides for religious freedom and belief inone Supreme God. The Government recognizes Islam,Christianity, Buddhism, and Hinduism, and permits practice ofthe mystical, traditional beliefs of "Aliran Kepercayaan."Although the population is overwhelmingly Muslim, the practiceand teachings of the other recognized religions are generallyrespected, and the Government actively promotes mutualtolerance and harmony among them. Some restrictions on certaintypes of religious activity exist (see below).Because the first tenet of Pancasila is belief in a supremebeing, atheism is forbidden. The legal requirement to adhereto Pancasila extends to all religious and secularorganizations. The Government strongly opposes Muslim groupswhich advocate establishing an Islamic state or acknowledgingonly Islamic law. There are government procedures for banningreligious sects in Indonesia. Among those prohibited areJehovah's Witnesses and Baha'i. In 1994 the Government bannedthe messianic Islamic sect Darul Arqam in a number ofprovinces, prohibited three of its books, and in August forbadeits leader, Abuya Sheikh Imam Ashaari Muhammad, from enteringIndonesia.Violence between rival factions in the Huria Kristen BatakProtestan (HKBP), Indonesia's largest Protestant church,continued in north Sumatra throughout 1994, with at least sixfatalities. In early 1993, citing a threat to civil order, theNorthern Sumatra regional military commander intervened in aninternal leadership dispute which broke out within the HKBP theprevious year, appointing a new bishop and helping the newbishop's supporters take over church property. Civilian andmilitary authorities have called the dispute an internal churchmatter that should be resolved by the HKBP members themselves.To date, however, only supporters of the former bishop havebeen prosecuted for acts of violence despite evidence thatmembers of the opposing faction engaged in violent acts aswell.There were widespread reports from religious minoritiesindicating that the extent of religious tolerance weakenedsomewhat during the year and that they felt less free to carryout their religious activities unimpeded. High-levelofficials, including the President, however, spoke out severaltimes to emphasize the importance of religious tolerance. Twoarmy privates accused of provocative behavior during a Catholicmass in East Timor in June were court-martialed. In Octoberboth were expelled from the army, and received prison sentencesof 2, and 2 and 1/2 years respectively. The law allowsconversion between faiths, and such conversions occur.Marriages between persons of different religions are allowed.The Government views proselytizing by the recognized religionsin areas heavily dominated by one recognized religion oranother as potentially disruptive and discourages it. Foreignmissionary activities are relatively unimpeded, although inEast Timor and occasionally elsewhere missionaries haveexperienced difficulties and delays in renewing residencepermits, and visas allowing the entrance of new foreign clergyare difficult to obtain. Laws and decrees from the 1970'slimit the number of years foreign missionaries can spend inIndonesia, with some extensions granted in remote areas likeIrian Jaya. Foreign missionary work is subject to the fundingstipulations of the ORMAS Law (see Section 2.b.). Indonesianspracticing the recognized religions maintain active links withcoreligionists inside and outside Indonesia and travel abroadfor religious gatherings. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationIn 1993 the Government drastically reduced the number of peoplebarred either from entering or departing Indonesia from apublicly announced figure of 8,897 "blacklisted" people inJanuary to a few hundred by August. According to governmentauthorities, no one is now prohibited for political reasonsfrom leaving the country. However, the Government restrictsmovement by Indonesian and foreign citizens to and within partsof Indonesia. In addition, it requires permits to seek work ina new location in certain areas, primarily to control furtherpopulation movement to crowded cities, and special permits arerequired to visit certain parts of Irian Jaya. The militarycarried out security checks affecting transportation and travelto and within East Timor sporadically in 1994, and itoccasional imposed curfews in connection with militaryoperations. The authorities require former politicaldetainees, including those associated with the abortive 1965coup, to give notice of their movements and to have officialpermission (see Section l.f.) to change their place ofresidence.In past years the Government admitted large numbers of asylumseekers from Indochina. Only a relatively small number nowremain and the Government plans to work with Vietnam under atripartite Memorandum of Understanding signed in 1993 with theUnited Nations High commissioner for Refugees (UNHCR) topeacefully repatriate the remaining asylees to Vietnam.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens do not have the ability to change their governmentthrough democratic means. The 1,000-member People'sConsultative Assembly (MPR), which is constitutionally thehighest authority of the State and meets every 5 years to electthe President and Vice President and set the broad outlines ofstate policy, is controlled by the Government through theappointment of half its membership. The remaining half comefrom the National Parliament (DPR), 80 percent of whose membersare elected. In 1993 the MPR elected Soeharto to his sixthuncontested 5-year term as President. Legally, the Presidentis constitutionally subordinate to the Parliament, but actuallyhe and a small group of active duty and retired militaryofficers and civilian officials exercise governmentalauthority.Under a doctrine known as "dual function," the military assumesa significant sociopolitical as well as a security role.Members of the military are allotted an unelected 20 percent ofthe seats in national, provincial, and district parliaments,and occupy numerous key positions in the administration. Theother 80 percent of national and local parliamentary seats arefilled through elections held every 5 years. All adultcitizens are eligible to vote, except active duty members ofthe armed forces, convicted criminals serving prison sentences,and some 36,000 former PKI members. Voters choose by secretballot between the three government-approved politicalorganizations, which field candidate lists in each electoraldistrict. Those lists must be screened by BAKORSTANAS (seeSection l.d.), which determines whether candidates wereinvolved in the abortive 1965 Communist coup or pose otherbroadly defined security risks. Critics charge thesescreenings are unconstitutional, since there is no way toappeal the results, and note that they can be used to eliminatecritics 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 Governmentpermits only three political organizations to exist and contestelections. The largest and most important of these is GOLKAR,a government-sponsored organization of diverse functionalgroups which won 68 percent of the seats in the 1992elections. The President strongly influences the selection ofthe leaders of GOLKAR. The other two small politicalorganizations, the Unity Development Party (PPP) and theDemocratic Party of Indonesia (PDI), split the remaining vote.The law requires all three political organizations to embracePancasila, and none of the organizations is considered anopposition party. Government authorities closely scrutinizeand often guide their activities. Members of the DPR and theprovincial assemblies may be recalled from office by partyleaders.GOLKAR maintains close institutional links with the armedforces and KORPRI, the association to which all civil servantsautomatically belong. Civil servants may join any of thepolitical parties with official permission, but most aremembers of GOLKAR. Former members of the PKI and some otherbanned parties may not run for office or be activepolitically. The DPR considers bills presented to it bygovernment departments and agencies but does not draft laws onits own, although it has the constitutional right to do so.The DPR makes technical and occasionally substantivealterations to bills it reviews. In practice, it remainsclearly subordinate to the executive branch, but recently ithas become much more active in scrutinizing government policythrough hearings at which members of the Cabinet, militarycommanders, and other high officials are asked to testify. Forexample, parliamentary examination brought to light a majorscandal in government banks and forced the Government toaddress it seriously. The DPR has also become increasingly afocal point of appeals and petitions from students, workers,displaced farmers, and others protesting alleged human rightsabuses 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 arewomen; 2 women are cabinet members.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsWhile various domestic organizations and persons interested inhuman rights operate energetically, some human rights monitorsface government harassment such as frequent visits by police oragents from military intelligence, interrogations at policestations, or cancellations of private meetings (see Section2.b.). Following the April labor unrest in Medan, localsecurity authorities increased surveillance and harassment ofNGO'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 tocontrol the activities of NGO's concerned with human rights andseriously impede their ability to function.The Government considers outside investigations of allegedhuman rights violations to be interference in its internalaffairs and emphasizes its belief that linking foreignassistance to human rights observance is unacceptable. In 1994it pressured several neighboring countries to prohibit orrestrict NGO-sponsored human rights seminars on the situationin East Timor.The ICRC continued to operate in East Timor, Irian Jaya, andAceh, and to visit prisoners convicted of participation in theabortive, Communist-backed coup in 1965, convicted Muslimextremists, and East Timorese prisoners. However, as of year'send, the Government had not approved the ICRC's request to openan office in Aceh, though official cooperation on access by itsdelegates from Jakarta showed substantial improvement in 1994.ICRC access also greatly improved in other areas, includingEast Timor where it has an office. The ICRC no longermaintains an office in Irian Jaya but visits that province fromJakarta several times a year. However, in 1994 the visitingrepresentative of Human Rights Watch/Asia, a key U. S. humanrights NGO, was denied permission to visit Medan and EastTimor. The Government authorized the visit of the U.N. SpecialRapporteur on Extrajudicial, Summary and Arbitrary Executionsand allowed him to see those persons he had requested. TheRapporteur publicly questioned, however, whether all those whomight have wanted to speak with him had been afforded fullaccess.In January the National Human Rights Commission, most of whosemembers were named the month before, began operations. Despitecontinuing skepticism about the Commission's independence, inpart because its members are appointed by the President,commission members during the course of the year activelylooked into many of the numerous complaints and petitionspresented to it and in some cases showed themselves willing toquestion government actions. For example, the Commissionstrongly condemned the Government's revocation of thepublication licenses of three publications (Section 2.a.) as aninfringement of free speech, and it has criticized the way inwhich the suspects in the Marsinah murder case were prosecuted,as well as questioning whether all the guilty had been broughtto justice. Lacking enforcement powers, the Commissionattempts to work within the system, sending teams wherenecessary to inquire into possible human rights problems andemploying persuasion, publicity, and moral authority tohighlight abuses and encourage corrective action. A teamvisited East Timor in September and December. Operations in1994 were hampered somewhat by startup logistical andprocedural problems.</text>
</content>
<name> </name>
<script></script>
</card>
card_33274.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: INDONESIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 INDONESIAThe Indonesian political system, despite a surface adherence todemocratic forms, remains strongly authoritarian. PresidentSoeharto, now in his sixth 5-year term, a small group ofadvisers, and the military dominate the political life of thisheavily populated developing country, whose people come fromhundreds of different cultural, linguistic, and ethnicbackgrounds. The Government requires allegiance to a stateideology known as "Pancasila," which includes belief in asupreme god, a just and civilized humanity, national unity,democracy, and social justice. It has used Pancasila as ajustification for restricting the development of oppositionelements.Under a doctrine of "dual function," the military is givenspecial civic rights and responsibilities, including unelectedmilitary seats in Parliament (DPR) and local legislatures, inaddition to its defense and security roles. The 450,000-memberarmed forces, including 175,000 police, consider themaintenance of internal security as their primary mission, andthey have traditionally acted swiftly to suppress perceivedthreats to security, whether from criminal acts, separatistmovements, or allegedly subversive activities, with a vigorthat has often led to human rights abuses. A few militaryleaders sometimes raised questions about the validity of this"security approach." There continued to be numerous, crediblereports of human rights abuses by the military and police,although they exhibited some restraint in controlling crowdsand demonstrations.In contrast to its restrictive political system, Indonesia hasan increasingly open and deregulated economy. Though still apoor country, Indonesia's economy continued to expand in 1994,especially in manufacturing, with gross domestic productexpected to increase by 6.7 percent. With inflation remainingunder control, the continued economic growth has producedsteady gains in living standards for much of Indonesiansociety. The number of people living below the poverty linehas fallen from 70 million in 1970 to 27 million in 1990.Income inequality has been slightly reduced over the pastquarter century. Widespread unemployment persists, however, asdo corruption and influence peddling.The Government continued to commit serious human rights abusesand in some areas, notably freedom of expression, it becamemarkedly more repressive, departing from a long-term trendtowards greater openness. The most serious abuses included thecontinuing inability of the people to change their governmentand harsh repression of East Timorese dissidents. Reports ofextrajudicial killings declined. Security forces continued totorture those in custody: some sources reported that the useof torture declined, but definitive statistics are notavailable. Extrajudicial arrests and detentions continued, asdid the use of excessive violence in dealing with suspectedcriminals or perceived troublemakers.The Government imposed severe limitations on freedoms ofspeech, press, and assembly, and suppressed efforts to developa free trade union movement. The armed forces continued to beresponsible for the most serious human rights abuses. Somemilitary leaders showed a willingness to admit misconductpublicly and take action against offenders. The Government ina few cases brought abusers to justice, but their punishmentrarely matched the severity of the abuse. The judiciarycontinued to be largely subservient to the executive branch andthe military. Widespread corruption in the legal systemremained a serious problem.The Government withdrew the licenses of three leadingpublications. It prepared but has not issued a draftpresidential decree that would restrict further the activitiesof nongovernmental organizations (NGO's), and it increasinglycracked down on antigovernmental critics, labor activists, andalleged criminals during the year, including in an anticrimecampaign dubbed "Operation Cleanup" by the Government. Theseconstraints, however, did not completely dampen dissentingvoices in the media, and the many human rights NGO's continuedto be active. The government-appointed National Human RightsCommission established in 1993 showed some independence and awillingness to criticize government policies and actions.On East Timor, no progress was made in accounting for themissing persons following the 1991 Dili incident, and trooplevels remained unjustifiably high. Somewhat greater accesswas permitted to foreign journalists and others, including aJuly visit by the United Nations Special Rapporteur on Summary,Arbitrary and Extra-judicial Executions, although some NGOrepresentatives and foreign journalists continued to encounterdifficulties or were denied access to East Timor.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingsHistorically, politically motivated extrajudicial killingsgenerally have occurred most frequently in areas whereseparatist movements were active, such as East Timor, Aceh, andIrian Jaya. Although security forces continue to employ harshmeasures against separatist movements in these three areas,there were no confirmed reports of politically motivatedextrajudicial killings in 1994.However, there were reports of security forces killing armedinsurgents including six Aceh Merdeka supporters in clashes inAceh. At least four members of the security forces were alsoreported killed in these clashes. Reliable civilian sourcesreported that in East Timor security forces killed severalTimorese civilians. The number of such reports was lower thanin previous years, however. There were no reports of suchkillings in Irian Jaya.Troop strength in East Timor declined in 1994. Reliableestimates indicated that about 6,000 army troops from outsidethe province reinforced the normal garrison of about 3,000.There are also about 3,000 police in East Timor. Commandersthere have stated that they intend to review the level oftroops in the province for possible further reductions on atwice yearly basis. The Government offered a general amnestyto members of the Timorese resistance who surrender their arms,and it was reported to have released some who were apprehendedrather than trying them.The police often employ excessive force in apprehendingsuspects or coping with alleged criminals. In Jakarta policein April mounted an anticrime program dubbed "OperationCleanup," in which they employed deadly force againstsuspects. In response to protests that the methods used areunjustifiably harsh and amount to execution without trial,police have generally claimed that the suspects were fleeing,resisting arrest, or threatening the police. Although accuratestatistics were unavailable, the number of fatal shootings bypolice seemed to be increasing, with some 150 incidentsreported in West Java (including Jakarta) by mid-July. Humanrights groups were particularly concerned that this cleanupcampaign was intensified in the weeks leading up to theAsia-Pacific Economic Cooperation forum (APEC) meeting inNovember. In North Sumatra, 80 shootings by police, including4 deaths, were reported by mid-December.In the past the authorities almost never took action againstpolice for using excessive force. However, there is someindication that the situation is improving, although actiontaken by the authorities is still not commensurate with thegravity of police abuses. For example, a military court inMedan sentenced a policeman accused of killing a suspect in1993, who was allegedly trying to escape, to 3 months in prisonin 1994. In March a military court sentenced four policemen inPalembang to prison terms of 2 to 3 months for shooting, butnot killing, a suspect at close range. The five policeofficers detained in 1993 in North Sumatra in connection withthe death of Syamsul Bahri were not tried, apparently becausethe family did not pursue the case. At least one of the 10police cadets accused of beating a man to death in Kupang inApril was sentenced to 2 years in prison. At year's end themilitary claimed to be still investigating the September 1993killings by security forces of four demonstrators who werepeacefully protesting construction of a dam in Madura; some twodozen police and military personnel are involved. Residentsfrom the area met with representatives of the National HumanRights Commission in May and December to request legal actionagainst civilians and military personnel accused of involvementin the shootings. b. DisappearanceThere were no politically motivated abductions. Securityforces in areas of conflict often hold suspects for longperiods without formal charges, but these cases usually endwith official acknowledgement of detention (see Section l.d.).Reliable sources report that all those alleged to havedisappeared during the mid-July disturbances at the Universityof East Timor have been located.Government efforts to account for the missing and dead from theNovember 12, 1991 military shooting of civilians in Dili, EastTimor, remained inadequate. No additional cases of those stilllisted as missing in a report the military gave to Human RightsWatch/Asia were resolved during the year. Government spokesmenimplied that their failure to locate those missing wasprimarily due to those persons wishing to evade detection.Many knowledgeable observers, however, continued to believethat most of the missing are dead and that some members of thearmed forces know where their bodies are located. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Criminal Code makes it a crime punishable by up to 4 yearsin prison for any official to use violence or force to elicit aconfession, and it establishes pretrial procedures to givesuspects or their families the right to challenge the legalityof an arrest or detention. In practice, security forcescontinued to employ torture and other forms of mistreatment,particularly in regions of security concerns such as Aceh andEast Timor, although some sources reported that the use oftorture declined. Legal protections are both inadequate andwidely ignored. According to the January, 1994 report of theSpecial Rapporteur on Torture to the United Nations HumanRights Commission, the most commonly used methods are: beatingon the head, shins, and torso with fists, lengths of wood, ironbars, bottles, rocks, and electric cables; kicking with heavyboots; burning with lighted cigarettes; electric shocks;slashing with razor blades and knives; death threats, fakedexecutions and deliberate wounding with firearms; pouring waterthrough the nose; prolonged immersion in fetid water; hangingupside down by the feet; placing heavy objects on knees andother joints; isolation; sleep and food deprivation and genitalmutilation, sexual molestation, and rape. Civilian sources inEast Timor report that security agencies still employ torturebefore releasing suspects to police custody, particularlyelectric shocks, though its incidence has decreased.Police often resort to physical abuses even in minor incidents,and prison conditions are harsh, with violence among prisonersand mistreatment and extortion of inmates by guards reportedlycommon. The incidence of mistreatment by prison officialsdrops sharply once a prisoner has been transferred from policeor military custody into the civilian prison system, and prisonconditions generally have improved in recent years. Officialshave publicly condemned police brutality and harsh prisonconditions and occasionally instigate disciplinary action,including transfer, dismissal, and trials leading to prison.In August a civilian employed at a Medan jail was tried oncharges of causing the death of an inmate who died frominjuries sustained in a beating. He was sentenced to 6 monthsin jail. Such actions, however, are an exception to the ruleof general impunity.Political prisoners are usually mixed with the general prisonpopulation, although in the Cipinang prison in Jakartahigh-profile political prisoners are segregated. In 1994 theGovernment allowed the International Committee of the Red Cross(ICRC) to visit prisoners in Cipinang in Jakarta and alsogranted access to prisons elsewhere in Java, Sumatra, Aceh, andother provinces as well as EasT Timor. The Government also hasallowed the ICRC to organize family visits to politicalprisoners. In January the authorities suspended visitationrights for jailed East Timorese Fretilin leader Xanana Gusmaofor 1 month following release of a letter he sent to theInternational Commission of Jurists which Indonesianauthorities deemed objectionable. d. Arbitrary Arrest, Detention, or ExileThe Criminal Procedures Code contains provisions againstarbitrary arrest and detention which are routinely violated.The Code specifies the right of prisoners to notify theirfamilies, and that warrants must be produced during an arrestexcept under specified conditions, such as when a suspect iscaught in the act of committing a crime. It also authorizesinvestigators to issue warrants to assist in theirinvestigations or if sufficient evidence exists that a crimehas been committed. Despite these requirements, authoritiessometimes make arrests without warrants. Some personssuspected of involvement in the Medan riots in April werearrested before formal warrants were issued.The law presumes defendants innocent and permits bail. They ortheir families may also challenge the legality of their arrestand detention in a pretrial hearing and may sue forcompensation if wrongfully detained. However, it is virtuallyimpossible for detainees to invoke this procedure, let alonereceive compensation, after being released without charge. Inboth military and civilian courts, appeals based on legality ofarrest and detention are rarely, if ever, accepted. The Codealso contains specific limits on periods of pretrial detentionand specifies when the courts must get involved to approveextensions, usually after 60 days.In areas where active guerrilla movements exist, such as EastTimor and Aceh, people are routinely detained without warrants,charges, or court proceedings. Bail is rarely granted,especially in political cases. The authorities frequentlyprevent access to defense counsel and make it difficult orimpossible for detainees to get legal assistance from voluntarylegal defense organizations. The authorities routinely approveextensions of periods of detention. In addition, suspectscharged under the 1963 Antisubversion Law are subject tospecial procedures outside the Criminal Procedures Code whichallow, for example, the Attorney General the authority to holda suspect up to 1 year before trial. He may renew this 1-yearperiod without limit. Special laws on corruption, economiccrimes, and narcotics are similarly exempt from the Code'sprotections.The Agency for Coordination of Assistance for the Consolidationof National Security (BAKORSTANAS) operates outside the Codeand has wide discretion to detain and interrogate personsthought to threaten national security. It is impossible tostate the exact number of arbitrary arrests or detentionswithout trial but in March 59 people being held in connectionwith the 1989-91 Aceh insurgency were released without chargesor trials, bringing the total number released since 1990 toaround 965 persons. Many had been held incommunicado withoutknowing the charges against them; some, including at least fiveof those released in 1994, had been held for over 2 years. Theauthorities require many of those released to report back atregular intervals. Three other Acehnese convicted previouslyof subversion were released in 1994 after serving two-thirds oftheir sentences. The decline in armed separatist activity ledto fewer detentions, and fewer than 100 Acehnese were believedto be in detention without trial at year's end. An additionalfive persons were sentenced for subversion in Aceh in 1994, andthe trials of five others on charges of subversion andnarcotics smuggling were scheduled to begin in mid-December.In East Timor military authorities continued the practice ofdetaining people without charges for short periods and thenrequiring them to report daily or weekly to police after theirrelease. Three East Timorese students detained by police inAugust for bringing forbidden books and foreign items into theprovince were released, but two of them are required to reportto the authorities. Six East Timorese who received lengthysentences in connection with the November 1991 shootings inDili were transferred to the maximum security prison inSemarang without prior notice to their families or humanitarianorganizations, and their whereabouts were unknown for severaldays. Jose Antonio Neves, an acknowledged member of theclandestine proindependence movement, and in detention sinceMay, was charged with sedition in September. His defenseattorney asked for dismissal of the charges, citing proceduralflaws in Neves' arrest. They also allege that police deniedhim access to legal representation for the first 2 months ofhis detention. Around 100 people were arrested duringdemonstrations and outbreaks of violence in Dili around thetime of the November APEC meetings. Some remained in custodyat year's end. e. Denial of Fair Public TrialThe Constitution stipulates the independence of the judiciary,but in practice the judiciary is subordinated to the executiveand the military, and in many cases procedural protections,including those against coerced confessions, are inadequate toensure a fair trial. A quadripartite judiciary of general,religious, military, and administrative courts exists below theSupreme Court. The right of appeal from district court to highcourt 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 panelconducts trials at the district court level, poses questions,hears evidence, decides guilt or innocence, and assessespunishment. Initial judgments are rarely reversed in theappeals process, although sentences are sometimes increased orreduced (both the defense and the prosecution may appeal). In1994 for example, the 4-year sentence of a student tried inJakarta for insulting the President in leaflets he distributednear the Parliament in November 1993 was increased to 5 yearsupon appeal of the prosecutor. The relatively light (6 months)sentences of 21 other students who were also convicted ofinsulting the President during demonstrations at Parliament inDecember 1993 were increased to between 8 and 14 monthsfollowing appeal by the prosecutor. In August the SupremeCourt ordered the release of those among the 21 students whosesentences had been raised to 8 months when they were stillbeing held a week following completion of their sentences.Defendants have the right to confront witnesses and to producewitnesses in their defense. An exception is allowed in casesin which distance or expense is deemed excessive fortransporting witnesses to court. In such cases, swornaffidavits may be introduced. However, the Criminal ProceduresCode does not provide for witnesses' immunity or for compulsoryprocess of defense witnesses. As a result, witnesses aresometimes too afraid of retribution to testify against theauthorities.In cases tried under the 1963 Antisubversion Law, trials inabsentia are permitted and public access generally requiresadvance approval by the military. The courts commonly allowforced confessions and limit the presentation of defenseevidence. For example, the court trying the suspects in theMarsinah murder admitted their confessions into evidence andconvicted them of the murder, even though the defendantsclaimed that their confessions had been obtained by coercionand torture. The court allowed defense attorneys for thestudent mentioned above whose sentence was raised to 5 years onappeal, to call only one out of 17 witnesses they wished topresent. Mochtar Pakpahan was not allowed to call expert legalwitnesses in his defense (see Section 6). Defendants do nothave the right to remain silent and can be compelled to testifyin their own trials.The Criminal Procedures Code gives defendants the right to anattorney from the moment of their arrest through theinvestigation and trial. The law requires that a lawyer mustbe appointed in capital cases and those involving a prisonsentence of 15 years or more. In cases involving potentialsentences of 5 years or more, a lawyer must be appointed if thedefendant desires an attorney and is indigent. In theorydestitute defendants may obtain private legal help, such asthat provided by the Legal Aid Institute. In practice,however, defendants are often persuaded not to hire anattorney, or access to an attorney of their choice is impeded.The authorities reportedly pressured several defendants triedin Medan on charges stemming from labor unrest in April, whichturned into anti-Chinese riots, to decline attorneys, whilesome attorneys involved in the cases were subjected to officialharassment of various kinds. Five East Timorese sentenced to20 months imprisonment for publicly expressing anti-Indonesiansentiments during a banner-waving incident in the presence offoreign journalists were not represented by counsel.Authorities claim they declined the right to counsel, whilenongovernmental sources indicated access to counsel wasimpeded, and that the defense lawyers were not notified inadvance of their appearance in court that sentencing was tobegin.The Supreme Court theoretically stands coequal with theexecutive and legislative branches, but it does not have theright of judicial review over laws passed by Parliament. TheSupreme Court has not yet exercised its power (held since 1985)to review ministerial decrees and regulations. In 1993 ChiefJustice Purwoto Gandasubrata laid out judicial procedures forlimited judicial review, and some cases of this kind wereinitiated in 1994. Judges are civil servants employed by theexecutive branch, which controls their assignments, pay, andpromotion. They are subject to considerable pressure frommilitary and other governmental authorities. Such controloften determines the outcome of a case. Corruption permeatesthe legal system. In civil and criminal cases, the payment ofbribes can influence prosecution, conviction, and sentencing.To address this problem, the Government announced that thesalaries of judges would be doubled as of January 1, 1995.The Supreme Court bowed to government pressure in alongstanding land dispute between the central Java governmentand 34 farmers who had been forced to sell their land for theconstruction of the Kedungombo dam, a development projectfunded by the World Bank. The villagers sued for increasedcompensation. The Supreme Court initially overturned decisionsof both the Semarang district court and the central Java highcourt in favor of the Government, awarding the plaintiffs evengreater compensation than they had sought, including"nonmaterial losses." However, the Supreme Court laterreversed its own ruling after the Government refused to acceptit and asked the Court to review it again.In an unusual move in November, the East Java High Courtoverturned the conviction of the reputed mastermind of theMarsinah murder for insufficient evidence. The Government hasappealed the decision to the Supreme Court despite provisionsof the Criminal Code which disallow an appeal in suchcircumstances.For the fourth consecutive year, there was a decline in thenumber of persons prosecuted under the 1963 Antisubversion Law,which carries a maximum penalty of death. The authoritiestried at least five persons in 1994 under the Law forsubversion in Aceh and sentenced them to from 19 to 20 years'imprisonment. The Antisubversion Law makes it a crime toengage in acts that could distort, undermine, or deviate fromthe state ideology or broad outlines of state policy, or whichcould disseminate feelings of hostility or arouse hostility,disturbances, or anxiety among the population. The excessivelyvague language makes it possible to prosecute people merely forpeaceful expression of views contrary to those of theGovernment.The Government does not make available statistics on the numberof people currently serving subversion sentences or sentencesclassified as felonies under the so-called Hate-Sowing orSedition laws. Informed sources estimate the number of peopleserving sentences for subversion in 1994, including members ofthe banned Communist Party of Indonesia (PKI), Muslimmilitants, and those convicted of subversion in Irian Jaya,Aceh, and East Timor, at around 300. Scores, and possiblyhundreds, more were believed to be serving sentences under theHate-Sowing or Sedition laws. Some of these persons advocatedor employed violence, but many are political prisoners who wereconvicted for attempting to exercise such universallyrecognized human rights as freedom of speech or association orwho were convicted in manifestly unfair trials. Six prisonersconvicted of subversion remained under death sentence. Five ofthese were associated with the Indonesian Communist party, are78 or more years old, and have been imprisoned for 29 years.In June two students convicted of subversion in 1993 forpossessing banned literature and participating in illegaldiscussion groups were granted conditional release afterserving two-thirds of their sentences. Three alleged membersof Aceh Merdeka convicted of subversion were released afterserving lengthy sentences. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceJudicial warrants for searches are required except for casesinvolving suspected subversion, economic crimes, andcorruption. However, security agencies regularly make forcedor surreptitious entries. They also intimidate by surveillanceof persons and residences and selective monitoring of local andinternational telephone calls without legal restraint.Government security officials monitor the movements andactivities of former members of the PKI and its frontorganizations, especially persons the Government believes wereinvolved in the abortive 1965 Communist-backed coup. TheGovernment stated in late 1990 that this latter group thentotaled 1,410,333 people. These persons and their relativessometimes are subject to surveillance, required check-ins,periodic indoctrination, and restrictions on travel outsidetheir city of residence. Their legally required identificationcards carry the initials "E.T." which stand for "Ex-Tapol," orformer political prisoner, which readily identifies them toprospective employers or government officials.The Government's transmigration program which moved largenumbers of people from overpopulated islands to more isolatedand backward ones has been criticized by nongovernmental humanrights monitors. They say that it not only violates the rightsof indigenous people but also those of the transmigrants,claiming that they are frequently duped into leaving their homevillages without any means of return (see Section 5.).</text>
</content>
<name>Indonesia </name>
<script></script>
</card>
card_32980.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: INDIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Amniocentesis and sonogram tests are widely misused for sexdetermination, resulting in a disproportionate number ofabortions of female fetuses. In July a bill was introducedinto Parliament that would prohibit the use of these tests forsex determination. Human rights groups estimate that at least10,000 cases of female infanticide occur yearly, primarily inpoor rural areas.Female foeticide and infanticide have produced a steady declinein the ratio of females to males. This ratio has decreased to927 per 1,000 in 1991, from 955 per 1,000 in 1981, and 972 per1,000 at the turn of the century. Parents often give priorityin health care and nutrition to male infants. Women's rightsgroups point out that the burden of providing girls with anadequate dowry is one factor that makes daughters lessdesirable. Although abetting or taking dowry is theoreticallyillegal under the Dowry Prohibition Act of 1961, it is stillwidely practiced. Indigenous PeopleThe Innerline Regulations, enacted by the British in 1873,still provide the basis for safeguarding tribal rights in mostof the border states of northeastern India. These regulationsprohibit any person, including Indians from other states, fromgoing beyond an inner boundary without a valid permit. Norubber, wax, ivory or other forest products may be removed fromthe protected areas without prior authorization. No outsidersare allowed to own land in the tribal areas without approvalfrom tribal authorities.Despite constitutional safeguards, the rights of indigenousgroups in eastern India are often ignored. There has beenencroachment on tribal land in almost all the states of easternIndia, including by illegal immigrants from Bangladesh andbusinesses which have removed forest and mineral productswithout authorization. Moreover, persons from otherbackgrounds often usurp places reserved for members of tribesand lower castes in national education institutions.Such violations have given rise to numerous tribal movementsdemanding protection of land and property rights. TheJharkhand movement in Bihar and Orissa, and the Bodo movementin Assam, reflect deep economic and social grievances amongindigenous peoples. In the Jharkhand area, tribal peoplecomplain that they have been relegated to unskilled miningjobs, have lost their forests to industrial construction, andhave been displaced by development projects. The Governmenthas 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. InMeghalaya tribal chiefs still wield influence in certainvillages. The Nagaland government controls the rights tocertain mineral resources, and autonomous district councils inTripura, Assam, and Meghalaya control matters such aseducation, rural development, and forestry in cooperation withthe state governors. National/Racial/Ethnic MinoritiesThe Constitution gives the President authority to specifyhistorically disadvantaged castes and tribes which are entitledto affirmative action in employment and other benefits. Theseso-called "scheduled" tribes constitute about 8 percent of theIndian population and "scheduled" castes about 16 percent.Scheduled tribes and castes benefit from special developmentfunds, government hiring quotas, and special trainingprograms. A national commission investigates specificcomplaints about deprivation of the rights of scheduled castesand tribes and submits an annual report.The Scheduled Castes and Scheduled Tribes (Prevention ofAtrocities) Act of 1989 specifies new offenses againstdisadvantaged people and provides stiffer penalties foroffenders. However, this law has had only a modest effect incurbing abuse. Government statistics indicate that 19,774cases of "atrocities" were committed against members ofscheduled castes tribes in 1993, as compared with 20,834 in1992 and 21,505 in 1991. A Government commission is chargedwith giving special attention to the problems of theseminorities.The practice of untouchability was in theory outlawed by theConstitution and the 1955 Civil Rights Act, but it remains animportant aspect of life in India. Intercaste violence claimshundreds of lives each year. There was a surge of intercasteviolence in the early months of 1994, following the success ofparties representing "backward" and scheduled castes inNovember state assembly elections in Uttar Pradesh and theirformation of a governing coalition in the state. Members ofthe scheduled castes were disproportionately the victims ofthis violence, which also occurred throughout the country, butespecially in Madhya Pradesh and Maharashtra. Religious MinoritiesControversy between Hindus and Muslims continues over whetherto build a temple or rebuild the mosque on a disputed site inAyodhya. The potential for renewed Hindu-Muslim violenceremains high. Muslim groups protested the disproportionatenumber of Muslims detained under the TADA, particularly in thestates of Gujarat and Maharashtra and the city of Hyderabad(see Section 1.d.).The Religious Institutions (Prevention of Misuse) Act makes itan offense to use any religious site for political purposes orto use temples for harboring persons accused or convicted ofcrime. While specifically designed to deal with Sikh places ofworship in the Punjab, the law technically applies to allreligious sites. People with DisabilitiesThe Government's Ministry of Welfare has principalresponsibility for programs for the disabled, and it deliverscomprehensive rehabilitation services to India's ruralpopulation through 16 district centers. A nationalrehabilitation plan commits the Government to putting arehabilitation center in each of India's more than 400districts, but services are still concentrated in urban areas.The Government reserves 3 percent of positions in officialoffices and state-owned enterprises for people with visual,hearing, or orthopedic disabilities. The Government providesspecial railway fares, education allowances, scholarships,customs exemptions, and rehabilitation training to assistpeople with disabilities. There is no legislation or otherwisemandated provision of accessibility for the disabled.Section 6 Worker Rights a. The Right of AssociationThe Constitution provides for the right of association; workersmay establish and join unions of their own choosing withoutprior authorization. There are five major recognized nationaltrade union centrals, each of which is associated with, but notnecessarily controlled by, a political party.Trade unions often exercise the right to strike, but publicsector unions are required to give at least 14 days' noticeprior to striking. Some states have laws requiring workers incertain nonpublic sector industries to give prior strike notice.The Essential Services Maintenance Act allows the centralGovernment to ban strikes and requires conciliation orarbitration in specified essential industries. Legalmechanisms exist for challenging the assertion that a givendispute falls within the scope of this Act. The IndustrialDisputes Act prohibits retribution by employers againstemployees involved in legal strike actions. This prohibitionis observed in practice.Abuses against nationally organized unions or unionized workersare generally not a problem. However, unaffiliated unions oflow caste or tribal workers are not always able to secure forthemselves the protections and rights guaranteed by law.Unions are free to affiliate with international trade unionorganizations. b. The Right to Organize and Bargain CollectivelyThe right to bargain collectively has existed for decades. TheTrade Union Act prohibits discrimination against union membersand organizers, and employers may be penalized if theydiscriminate against employees engaged in union activities.Collective bargaining is the normal means of setting wages andsettling disputes in the organized industrial sector. Tradeunions vigorously defend worker interests in this process.Although a system of specialized labor courts adjudicates labordisputes, there are long delays and a backlog of unresolvedcases. When the parties are unable to agree on equitablewages, the Government may set up boards of union, management,and government representatives to determine them.In practice, legal protections of workers' rights are effectiveonly for the 28 million workers in the organized industrialsector, out of a total work force of 376 million. Outside themodern industrial sector, laws are difficult to enforce. Unionmembership is rare in this "informal" sector and collectivebargaining does not exist.There are 7 export processing zones (EPZ's). Entry into theEPZ's is ordinarily limited to the employees. Such entryrestrictions apply to union organizers. While workers in EPZ'shave the right to organize and bargain collectively, tradeunion activity is rare. Women workers constitute the bulk ofthe work force in the EPZ's. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits forced labor, and legislation passedin 1976 specifically bans the practice of "bonded labor." ASupreme Court decision defined "forced labor" as work at lessthan the minimum wage, which is usually set by the stategovernments. Under this definition, which differs from that ofthe International Labor Organization (ILO), "forced labor" iswidespread, especially in rural areas."Bonded labor," the result of a private contractualrelationship whereby a worker incurs or inherits debts to acontractor and then must work off the debt plus interest, isillegal but widespread. The Government estimates that betweenenactment of the Bonded Labor (Regulation and Abolition) Act in1979 and March 31, 1993, approximately 251,424 bonded workershad been released from their obligations. Other sourcesmaintain that those released are only one-tenth of the totalnumber of bonded laborers. State governments are responsiblefor enforcing the Act. Offenders may be sentenced to up to 3years in prison but prosecutions are rare. d. Minimum Age for Employment of ChildrenArticle 24 of the Constitution prohibits employment of childrenunder 14 years of age in factories, mines or other hazardousemployment. Article 45 encourages the state governments toprovide free and compulsory education for all children up tothe age of 14. A law passed in 1986 banned the employment ofchildren under 14 in hazardous occupations, such as glassmaking, fireworks, match factories, and carpet weaving, andregulated their employment in others. The Factories Act andthe Child Labor Registration Act limit the hours of workersbelow the age of 15 to 4.5 hours per day.The Government estimates that there were 17.5 million childworkers in 1985. The ILO estimates the number at 44 million,while NGO's claim the figure is 55 million. The enforcement ofchild labor laws is the responsibility of the stategovernments. Enforcement is not effective, especially in theinformal sector where most of the children are employed. Thecontinuing prevalence of child labor may be attributed tosocial acceptance of the practice, the widespread belief thatpoverty causes child labor, and the failure of the stategovernments to make primary school education compulsory.In September a group of carpet manufacturers and exporters, incooperation with NGO's and an export promotion project withGermany, introduced a program to label export carpets as being"child-labor free." This initiative is being undertaken on atrial basis in response to consumer pressure in Germany. e. Acceptable Conditions of WorkMinimum wages vary according to the state and sector ofindustry. Such wages are considered adequate only for aminimal standard of living. Most unionized workers receivemuch more than the minimum wage, including mandated bonuses andother benefits. The state governments set a separate minimumwage for agricultural workers but do not enforce it well.The Factories Act established an 8-hour workday, a 48-hourworkweek, and various standards for working conditions. Thesestandards are generally enforced and accepted in the modernindustrial sector, but tend not to be observed in older andless economically robust industries. State governments areresponsible for enforcement of the Factories Act. However, thelarge number of industries covered by a small cadre of factoryinspectors and their limited training and susceptibility tobribery make for lax enforcement.Although occupational safety and health measures vary widely,in general neither state nor central government resources forinspection and enforcement of standards are adequate. Safetyconditions tend to be better in the EPZ's.</text>
</content>
<name> </name>
<script></script>
</card>
card_32585.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: INDIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Eleven detained foreigners petitioned the Delhi High Court inJuly to investigate the delay in their trials and threatened ahunger strike. Four had been held for 4 to 7 years pendingcompletion of their trials.The Government does not practice exile. e. Denial of Fair Public TrialIndia has an independent judiciary with strong constitutionalsafeguards. Under a Supreme Court ruling, the Chief Justice,in consultation with his colleagues, has a decisive voice inselecting judicial candidates. The President appoints thejudges, and they serve up to age 62 in the state high courtsand 65 in the Supreme Court.When legal procedures function normally, they generally assurea fair trial, but the process can be drawn out and inaccessibleto the poor. Defendants have the right to choose counsel froma bar that is fully independent of the Government. There areeffective channels for appeal at most levels of the judicialsystem. This is not true for cases tried under TADA, which maybe appealed only to the Supreme Court. Since many TADAdetainees lack the resources to appeal to the Supreme Court,the Act effectively limits appeal.The Criminal Procedure Code provides for an open trial in mostcases, but it allows exceptions in proceedings involvingofficial secrets, trials in which statements prejudicial to thesafety of the State might be made, or under provisions ofspecial security legislation such as TADA. Sentences must beannounced in public. TADA authorizes secret testimony toprotect witnesses and suspends the usual prohibition on the useof evidence gathered through police interrogation. Personscharged under TADA with certain crimes are presumed guilty andcarry the burden of proving their innocence. Human rightsgroups credibly charge that these categories are so broad thatthey can be manipulated to fit any case. TADA trials are heldbefore special courts, which may sit "in camera" in anydistrict of the state where the crime was committed.Constitutional challenges to the TADA have been raised on thepremise that it violates the defendant's right to due process,abrogates the jurisdictional rights of the states byeliminating appeal to the High Court, and that it isincompatible with the constitutional guarantee of free speech.Muslim personal status law governs many noncriminal mattersinvolving Muslims--including family law, inheritance, anddivorce. The Government does not interfere in the personallaws of the minority communities, with the result that lawsthat discriminate against women are upheld.In Kashmir, the judicial system barely functions due to threatsby militants against judges, witnesses, and their familymembers and because of judicial tolerance of the government'sheavy handed anti-militant actions. Courts there are notwilling to hear cases involving terrorist crimes or fail to actexpeditiously on habeas corpus cases. As a result, there wereno 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 courtsbegan to play a more assertive role in 1994 (see Sections 1.b.and 1.c.). f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe police must obtain warrants for searches and seizures. Ina criminal investigation, the police may conduct searcheswithout warrants to avoid undue delay, but they must justifythe searches in writing to the nearest magistrate withjurisdiction over the offense. The authorities in Jammu andKashmir, Punjab, and Assam have special powers to search andarrest without a warrant.The Indian Telegraph Act authorizes the surveillance ofcommunications, including monitoring telephone conversation andintercepting personal mail--in cases of public emergency or "inthe interest of the public safety or tranquility." Thesepowers have been used by every state government.On May 25, the Punjab state government ordered the authoritiesto intercept any mail addressed to or mailed by various Sikhpolitical, student, and lawyer groups, persons residing inPakistan, or any group or person considered a danger to thestate. On July 25, the state High Court ordered the stategovernment to suspend implementing the order. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsBoth government forces and militants continue to commit seriousviolations of humanitarian law in the disputed state of Jammuand Kashmir. Between 400,000 and 450,000 Indian army andparamilitary forces are deployed in Jammu and Kashmir, buttheir number substantially increased during 1994. The Muslimmajority population in the Kashmir Valley is caught between therepressive tactics of the security forces and acts of wantonviolence committed by the militants. Under the Jammu andKashmir Disturbed Areas Act, and the Armed Forces (Jammu andKashmir) Special Powers Act, both passed in July 1990, securityforces personnel have extraordinary powers, including authorityto shoot to kill suspected lawbreakers and those disturbing thepeace, and destroy structures suspected of harboring militantsor arms.The number of cases in which the security forces caused thedeaths of civilians diminished when compared with 1993. In themost serious case, 18 civilians and 3 members of the Kashmirpolice died and 15 were injured in the village of Kupwara onJanuary 28. Kashmiri sources claim the deaths, including thoseof the policemen, occurred when security forces fired on acrowd demonstrating near the district magistrate's office.Security forces claim they returned fire when militantsattacked a military convoy passing through the town. Resultsof a magisterial inquiry have not been made public.In April the NHRC released a report on the October 1993incident in Bijbehara, in which Border Security Force (BSF)personnel killed 41 civilians by gunfire. In the report, theNHRC asked the authorities to keep it informed about thedisciplinary proceedings initiated against 14 BSF personnel.It also recommended compensation for the families of thevictims and a government review of BSF operations in situationsin which civilians may be affected. A Commission of Inquiryhas not completed its investigation of the January 1993incident in Sopore, in which a BSF unit fired on civilians,killing 45, while responding to a hit-and-run attack bymilitants.There were credible reports that security forces retaliateagainst civilians following attacks by Kashmiri militants. InMarch in Mahand village, seven persons, including two children,died while asleep at home after a paramilitary unit set off anexplosion in apparent reprisal for an earlier landmine attackon their own forces.In July a Ministry of Defense spokesman announced in Srinagarthat a court-martial had sentenced two army enlisted men to 12years' rigorous imprisonment for raping a Kashmiri woman 1month earlier. The announcement broke with the Government'sprevious policy of not announcing the disciplinary sentenceshanded down to security forces personnel in Kashmir.Kashmiri militant groups were also guilty of serious humanrights abuses. In addition to political killings andkidnapings (see Sections 1.a. and 1.b.), militants engaged inextortion and carried out acts of random terror that lefthundreds of Kashmiris dead. A bus bombing near Jammu on July16 killed 6 and left 27 injured. According to the Government,the number of deaths caused by militants, including the deathsof hundreds of civilians, continued at a level comparable to1993. Also, according to the Government, these militant groupskilled about 70 members of rival factions, including 35militants between January and mid-April 1994. Such deaths weresaid to have totaled about 100 in all of 1993.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution protects these freedoms, and with somelimitations they are exercised in practice. A vigorous pressreflects a wide variety of public, social, and economicbeliefs. Newspapers and magazines regularly publishinvestigative reports and allegations of government wrongdoing,and the press as a whole champions human rights and criticizesperceived government lapses.The Press Council of India is a statutory body of journalists,publishers, academics, and politicians, with a chairmanappointed by the Government. Designed to be a self-regulatingmechanism for the press, it investigates complaints ofirresponsible journalism and sets a code of conduct forpublishers. This code includes not publishing articles ordetails that might incite caste or communal violence. TheCouncil publicly criticizes newspapers or journalists itbelieves 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 benefitof the Government. However, international satellite televisionis widely distributed in middle class neighborhoods via cableand is gradually eroding the Government's monopoly ontelevision.Under the Official Secrets Act (OSA), the Government mayrestrict publication of sensitive stories, but the Governmentsometimes interprets this broadly to suppress criticism of itspolicies. In January a journalist and two other persons wereprosecuted in Kerala under the OSA for photographing andphotocopying documents at an All India Radio (AIR) station in arestricted area. The journalist had earlier published a seriesof articles critical of AIR's broadcasting.The 1971 Newspapers Incitements to Offenses Act remains ineffect in Jammu and Kashmir. Under the Act, a districtmagistrate may prohibit the press from carrying materialresulting in "incitement to murder" or "any act of violence."As punishment, the Act stipulates that the authorities mayseize newspapers and printing presses. Despite theserestrictions, newspapers in Srinagar regularly carry militantpress releases attacking the Government and report in detail onalleged human rights abuses.The authorities allowed foreign journalists to travel freely inKashmir, where they regularly spoke with militant leaders, andfiled reports on government abuse. Militant groups alsothreatened journalists and editors and even imposed temporarybans on some publications.In January the Punjab police raided the office of the Punjabidaily Aj Di Awaz and arrested several employees under theTADA. The authorities subsequently released all the detaineesexcept editor Gurdip Singh on bail, and the newspaper hasresumed publication. In another incident, the police detaineda Punjabi journalist for 4 days for questioning about pressreleases issued by militants. On July 1, police officers beattwo journalists who had asked Punjab Director General ofPolice, K.P.S. Gill, embarrassing questions at a pressconference 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 TADAon suspicion of their links with Assamese militants. Bhuyan,who also heads a local human rights group, claimed he wasinterrogated about the sources of articles on officialcorruption but not about possible links with militants. Atyear's end, both were released on bail.In late December 1993, the authorities filed charges under theTADA against a newspaper editor, Parag Kumar Das, following hispublication of a book advocating Assam's independence. Thepolice reportedly confiscated his manuscript and all copies ofthe book.A government censorship board reviews films before licensingthem for distribution. The board deletes material deemedoffensive to public morals or communal sentiment. Producers ofvideo news magazines must also submit their products to agovernment censorship board, which occasionally censors storiesthat portray the Government in an unfavorable light. Theboard's ruling may be appealed and overturned. In March theboard's decision to ban a film on the 1992-1993 riots in Bombaywas overturned.Citizens enjoy complete academic freedom, and students andfaculty espouse a wide range of views. In addition to 10national universities and about 160 state universities, statesare empowered to accredit locally run private institutions. b. Freedom of Peaceful Assembly and AssociationThe Constitution protects the right of peaceful assembly andthe right to form associations, and these rights are generallyrespected in practice.Authorities sometimes require permits and notification prior toholding parades or demonstrations, but local governmentsordinarily respect the right to protest peacefully. At timesof civil tension, authorities may ban public assemblies orimpose curfew under Section 144 of the Criminal ProcedureCode. The authorities in Punjab frequently imposed suchrestrictions in previous years but limited their use in 1994;opposition Akali parties were permitted to hold public ralliesand conduct membership drives.However, in Andhra Pradesh the authorities arrested 400 personsin February for violating Section 144 in an effort to prevent aconference on "Suppression of People's Movements," sponsored bythe Communist Party--Marxist Leninist. In northeastern India,the authorities used Section 144 to prohibit members of theBodo tribe from entering the Darrang District and to prohibitrallies by the All Assam Students' Union. The authorities alsoinvoked Section 144 to prohibit entry into the Dhule Districtby activists opposing construction of the Narmada dam.The Unlawful Activities (Prevention) Act prohibits theestablishment 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 inAyodhya in December 1992. However, the authorities do notrigorously enforce this law. Srinagar and other parts of Jammuand Kashmir were under sporadic curfew during much of the year. c. Freedom of ReligionIndia is a secular state in which all faiths generally enjoyfreedom of worship. Government policy does not favor anyreligious group. There is no national law to bar proselytizingby Indian Christians. Foreign missionaries can generally renewtheir visas, but since the mid-1960's the Government hasrefused to admit new resident missionaries. Those who arrivenow do so as tourists and stay for short periods. As ofJanuary 1993, there were 1,923 registered foreign Christianmissionaries in India. As in the past, state officials refusedto issue permits for foreign Christian missionaries to entersome northeastern states. Tensions between Hindus and Muslimscontinue to pose a challenge to the secular foundation of theState (see Section 5). d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens enjoy freedom of movement within the country except incertain border areas where, for security reasons, specialpermits are required. Under the Passports Act of 1967, theGovernment may deny a passport to any applicant who "may or islikely to engage outside India in activities prejudicial to thesovereignty and integrity of India." The Government uses thisprovision to prohibit the foreign travel of some governmentcritics, especially those advocating Sikh independence.Citizens may emigrate without restriction. Millions of peopleof Indian origin live abroad.Although India is not a signatory to the U.N. Convention andProtocol on Refugees, the Government follows its generalprinciples. The Government recognizes certain groups,including Chakmas and Tamils from Sri Lanka, as refugees byproviding assistance in refugee camps or in resettlement areas,as in the case of Tibetans. The Government neither deportsAfghans, Burmese, and other nationalities nor recognizes themas refugees. Instead, these people receive renewable residencepermits and are recognized as refugees by the U.N. HighCommissioner for Refugees (UNHCR), or are ignored.Pursuant to a 1993 agreement with the Government of Bangladeshfor expeditious repatriation of Chakma refugees, 1,850 wererepatriated in February and some 3,000 more were repatriated inJuly and August. Some human rights groups claim that in manycases these repatriations were involuntary and refugees stageda hunger strike to protest them. The Government has rejectedoffers by the UNHCR to monitor these repatriations. Humanrights organizations and the press corroborate claims byrefugees that the Government has reduced rations and cashassistance to refugee camps holding Chakmas to encourage theirrepatriation.According to the UNHCR, 102,437 Tamil refugees from Sri Lankawere living in India in early September. Of the total, 69,150lived in 122 camps in the state of Tamil Nadu, 31,668 more areliving with friends and relatives, and 11,629 suspected ofmilitant activities are detained in special camps. The stategovernment, using central Government resources, providesshelter and subsidizes food to those in the camps. Enforcementof a Tamil Nadu government ban on nongovernmental organization(NGO) assistance to the camps has been relaxed. NGO's visitedthe camps in 1994. Voluntary repatriation under UNHCRsupervision continues. According to the Government, 7,000 werescheduled to be repatriated to Sri Lanka in early fall.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens exercise this right freely. India has a democratic,parliamentary system of government with representatives electedin multiparty elections under universal adult suffrage. AParliament sits for 5 years unless dissolved earlier for newelections, except under constitutionally defined emergencysituations. State governments are elected at regular intervalsexcept in states under President's rule, i.e., rule from thecenter.On the advice of the Prime Minister, the President may proclaima state of emergency in any state in the event of war, externalaggression, or armed rebellion. Similarly, President's rulemay be declared in the event of a collapse of a state'sconstitutional machinery. The Supreme Court in May upheld theGovernment's authority to suspend fundamental rights during anemergency.The Home Ministry has indicated its desire to replacePresident's rule with an elected state government in Jammu andKashmir but says law and order problems are an obstacle to theholding of state assembly elections. President's rule remainedin effect in Jammu and Kashmir throughout the year.President's rule in Manipur was extended on May 11 and was ineffect through the entire year. President's rule in the statesof Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, andRajasthan, invoked following the December 1992 Ayodhya crisis,ended with state assembly elections in November 1993. A stateassembly for the national capital territory of Delhi waselected for the first time in November 1993.The Constitution reserves seats in Parliament and statelegislatures for "scheduled tribes" and "scheduled castes" inproportion to their population (see Section 5). Indigenouspeople participate actively in national and local politics, buttheir impact depends on their numerical strength. InNortheastern states, indigenous peoples are a large proportionof the population and consequently exercise a dominantpolitical influence in the political process. In Maharashtraand Gujarat, on the other hand, tribal peoples are a smallminority and have been unsuccessful in blocking projects theyoppose.There are no legal impediments to the participation by women inthe political process. A large proportion of women participatein voting throughout the country, and numerous women representall major parties in the national and state legislatures.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsIndependent human rights organizations operate throughout Indiainvestigating abuses and publishing their findings which areoften the basis for reports by international human rightsgroups. However, the police targeted human rights monitors forarrest and harassment. As noted in Section 1.b., the police inPunjab abducted a lawyer involved in defending accused Punjabimilitants, and he subsequently disappeared.The Government appointed a National Human Rights Commission(NHRC) in October 1993 with powers to investigate and recommendpolicy changes, punishment, and compensation in cases of policeabuse. In addition, the NHRC is directed to contribute to theestablishment, growth and functioning of nongovernmental humanrights organizations. The Government appoints the members andfinances the activities of the NHRC, which is prohibited bystatute from investigating allegations of abuse involving armyand paramilitary forces. Indian human rights groups criticizedthe legislation creating the NHRC; they remain skeptical, buthave indicated that thus far most of their concerns appear tobe unfounded. In its first year of operation, the NHRCreceived 3,000 complaints of human rights abuses andinvestigated cases in nearly every state in India. Despite thelimitation on its activity, the NHRC also investigatedallegations 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 considered496 complaints, recommended punishment and compensation in 174,dismissed 274, and sent 48 to other fora. The NHRC's report onthe October 1993 killing of 41 civilians in Bijbehara, Kashmirwas described as "hard hitting" by an international humanrights group. In addition to closely following court martialproceedings initiated against 14 BSF members, the NHRCrecommended that the BSF conduct a full review of forcedeployment in civilian areas and pay compensation to thefamilies of the victims. The Commission directed districtmagistrates nationwide to report all cases of custodial deathto it within 24 hours or be presumed to have attempted acoverup. A typical example inquiry into a custodial death bythe NHRC was that of the case of Madan Lal. The Delhi policecomplied with all the Commission's recommendations includingthe institution of departmental proceedings against a policeofficer who had threatened witnesses (See Section 1.a.).The Commission's report on its visit to Punjab stronglycriticized the state government for abuses by police andrecommended corrective measures. At year's end, the stategovernment had not responded to the NHRC's recommendations.The Government granted requests for visits to India by someinternational 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 theInternational Committee of the Red Cross (ICRC) to make ahumanitarian needs survey in Jammu and Kashmir. The surveyresulted in a formal offer of ICRC's services. Discussionswere not concluded at year's end. ICRC representatives alsoconducted training of police and border security forcepersonnel 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 reportedviolations of the right to life in Kashmir. The Governmentstated that the NHRC will undertake such investigations. Italso denied entry visas to two Human Rights Watch researchers.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe traditional caste system as well as differences ofethnicity, religion, and language deeply divide Indian society.Despite laws designed to prevent discrimination, there areother laws as well as social and cultural practices that have aprofound discriminatory impact. WomenIndia has an elaborate system of laws to protect the rights ofwomen, including the Equal Remuneration Act, the Prevention ofImmoral Traffic Act, and the Sati (widow burning) PreventionAct and the Dowry Prohibition Act. However, the Governmentoften is unable to enforce these laws, especially in ruralareas where traditions are deeply rooted. Female bondage andforced 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 pastdecade.Domestic violence in the context of dowry disputes is a seriousproblem. In the typical dowry dispute, a groom's family willharass a woman they believe has not provided sufficient dowry.This harassment sometimes ends in the woman's death, whichfamily members often try to portray as a suicide or kitchenaccident. Although most "dowry deaths" involve lower andmiddle-class families, the phenomenon crosses both caste andreligious lines.Government figures show a total of 5,377 dowry deaths in 1993,an increase of about 12 percent from 1992. Under a 1986amendment to the Penal Code, the court must presume the husbandor the wife's in-laws are responsible for every unnatural deathof a woman in the first 7 years of marriage--provided thatharassment is proven. In such cases, police procedures requirethat an officer of deputy superintendent rank or above conductthe investigation and that a team of two or more doctorsperform the postmortem procedures.Nonetheless, convictions in dowry death cases are rare.Lawyers note that judges and prosecutors, usually men, areuninterested in cases of domestic violence and susceptible tobribes. In May the Law Ministry stated that in the UttarPradesh High Court, 33 dowry death cases were pending from1985, 26 from 1986, 35 from 1987, 54 from 1988, and 56 from1989. With few exceptions, the accused are free on bail.The personal status laws of the religious communitiesdiscriminate against women. Under the Indian Divorce Act of1869, a Christian woman may demand divorce only in the case ofspousal abuse and certain categories of adultery, while for aman adultery alone is sufficient. Under Islamic law, a Muslimhusband may divorce his wife spontaneously and unilaterally;there is no such provision for women. Islamic law also allowsa man to have up to four wives but prohibits polyandry.The Hindu Succession Act provides equal inheritance rights forHindu women, but married daughters are seldom given a share inparental property. Islamic law recognizes a woman's right ofinheritance but specifies that a daughter's share should beonly one half a son's. Under tribal land systems, notably inBihar, tribal women do not have the right to own land. Otherlaws relating to the ownership of assets and land accord womenlittle control over land use, retention, or sale.There are thousands of grassroots organizations working forsocial justice and economic advancement of women, in additionto the National Commission for Women. The Government usuallysupports these efforts, despite strong resistance fromtraditionally privileged groups. This resistance isillustrated by a September 1992 incident in rural Rajasthanwhen a women's rights monitors was gang-raped by men whoobjected to her work against child marriage. Five accusedpersons were arrested in December 1993; three were released onbail in April. The court case continues. ChildrenThere are an estimated 500,000 street children nationwide.Child prostitution in the cities is rampant, and there is agrowing pattern of traffic in child prostitutes from Nepal.According to one estimate, 5,000 to 7,000 children, mostly aged10 to 18, are victims of this traffic.The Child Marriage Restraint (Amendment) Act of 1976 prohibitschild marriage, a traditional practice in northern India. TheAct raises the age of marriage for girls to 18 from 15, but theGovernment does not enforce it effectively. According to onereport, 50 percent of the girls in Bihar, Rajasthan, UttarPradesh and Madhya Pradesh are married at or before age 16.</text>
</content>
<name> </name>
<script></script>
</card>
card_32391.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: INDIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 INDIAIndia is a longstanding parliamentary democracy with a freepress, civilian-controlled military, independent judiciary andactive political parties and civic associations. Competitiveelections produce regular changes of leadership at thenational, state, and municipal levels.Although the 25 state governments have primary responsibilityfor maintaining law and order, the central Government providesguidance and support through use of national paramilitaryforces. The Union Ministry for Home Affairs controls thenationwide police service, most of the paramilitary forces, andthe internal intelligence bureaus. Paramilitary forces aredeployed throughout India and have committed significant humanrights abuses, particularly in Jammu and Kashmir.India has a mixed economy. The private sector is predominantin agriculture, most nonfinancial services, consumer goodsmanufacturing, and some heavy industry. The Governmentcontinued economic liberalization and structural reforms begunin 1991. India's economic problems are compounded by rapidpopulation growth of 2 percent per year with a current totalwell above 900 million. Income distribution remained veryunequal. Forty percent of the urban population and half therural population live below the poverty level.There continue to be significant human rights abuses, despiteextensive constitutional and statutory safeguards. Many ofthese abuses are generated by intense social tensions, theauthorities' attempts to repress violent secessionistmovements, and deficient police methods and training. Theseproblems are acute in Kashmir, where the judicial system hasbeen disrupted both by terrorist threats including theassassination of judges and witnesses, and by judicialtolerance of the Government's heavy handed anti-militanttactics.Serious human rights abuses include: extrajudicial executions,torture, and reprisal killings by security forces fightingseparatist insurgents in Kashmir and northeast India; politicalkillings, kidnaping, and extortion by militants; extrajudicialexecutions by police in Punjab; torture, rape, and deaths ofsuspects in police custody throughout India; incommunicadodetention for prolonged periods without charges under specialsecurity legislation; government failure in most instances toprosecute and appropriately punish police and security forcesimplicated in abuse; widespread intercaste and communalviolence; legal and societal discrimination as well asextensive violence, both societal and by police and otheragents of government against women; infrequent prosecution of"dowry deaths" (wife murder); and widespread exploitation ofindentured, bonded, and child labor.Beginning in late 1993, the Government sought to address humanrights concerns by establishing a National Human RightsCommission (NHRC) with powers to investigate and recommendpolicy changes, punishment, and compensation in cases of policeabuse. The Commission began to establish a record as aneffective advocate for human rights when it examined securityforces abuses committed in November 1993 in Bijbehara,Kashmir. One international human rights group commended theCommission's reports as "hard hitting." The steadfast work oflocal human rights groups and the contribution of the NHRChelped bring about a public acknowledgement of serious humanrights abuses and the need for official steps to deal with them(see Section 4).RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingPolitical killings by both government forces and militantterrorists continued at a high rate, particularly in Jammu andKashmir, and the northeast, where separatist insurgenciescontinued in 1994.The security forces continued to commit extrajudicial killingsof suspected militants in Kashmir. Human rights monitorsmaintain they have documented the names, dates, andcircumstances in scores of extrajudicial killings each month.Typically, those killed were detained by security forces, andtheir bodies, bearing multiple bullet wounds and often marks oftorture, returned to relatives or were otherwise discovered thesame day or a few days later. While there is littleinformation to corroborate individual cases, press reports andanecdotal evidence leaves no doubt that the pattern exists andis extensive. Security forces claim that these killings, whenthey acknowledge them, occur in armed encounters with militants.Deaths in Kashmir, particularly of security forces andmilitants, increased in 1994 compared with the previous year.Press reports indicate that 1,296 civilians, 175 policepersonnel, and 1,630 militants died in insurgency-relatedviolence in Kashmir.In Punjab, instances of terrorist violence virtuallydisappeared in 1994, and the number of Sikh militants killeddiminished considerably from 1993. The NHRC, visiting thestate in April, concurred with a widespread public perceptionthat Punjabi militancy was at an end and that police excessescould no longer be explained as a response to an emergency. Ina report issued in August, the NHRC strongly recommended thatthe Punjab state government take steps to restore the normalfunctioning and oversight of the police. During 1994, 76alleged Punjabi militants were reportedly killed in armedencounters, including only 4 in the last 6 months of the year,compared with more than 583 such killings in 1993. No policeor other security personnel were killed in such encounters in1994. The fact that no police died underscored theimplausibility of police claims that militants were killed in"crossfire."Punjab police hit teams again in 1994 pursued Sikh militantsinto other parts of India. On June 24, Punjab police shot andkilled Karnail Singh Kaili, a man they identified as a Sikhterrorist leader of the Bhindranwale Tiger Force (BTFK) in WestBengal. The government of West Bengal claimed that it had notbeen informed of the presence of the Punjab police in WestBengal, seized Kaili's body and weapons, and barred thedeparture of the police team until the Punjab Chief Ministerapologized.In Bihar, human rights groups claim police continued to killNaxalites in faked "encounter killings." In one case in April,police allegedly killed 11 suspected Naxalites in cold bloodand then claimed the deaths had occurred in an encounter.During their August visit to Andhra Pradesh, representatives ofthe NHRC heard complaints of abuses committed by both Naxalitesand police. The NHRC asked the Bihar government for details ofnine alleged faked encounter killings by the police andrecommended the payment of compensation to the relatives of theNaxalite killings, and also to the relatives of the victims offaked encounter killings.There is evidence that the practice of faked encounter killingshas spread to Bombay. The previous year's pattern persisted in1994. There were over 60 alleged criminals reported as killedin armed encounters with the Bombay Police during the first 7months of the year.While state authorities continued to tolerate extrajudicialkillings in areas buffeted by separatist insurgencies, thepress and courts paid increasing attention to deaths in policecustody and faked encounter killings. The Supreme Courtdirected active investigation and prosecution of custodialdeaths and other cases of police abuse and negligence. In onecase, murder charges were brought against Punjab policemen fora faked encounter killing. In another case, a High Court judgein July recommended murder charges for 11 Punjab policemen in afaked encounter killing and compensation to the victim's family.In September the Supreme Court strongly criticized the Punjabpolice, including the Director General K.P.S. Gill, forinaction following the abduction by police in 1991 of 7 membersof a family, none of whom has been seen since. In October theSupreme Court ordered the prosecution of 58 police officersaccused in the 1991 murders of 10 Sikh youths in UttarPradesh. The NHRC is investigating 25 cases of suspected fakedencounter killings.Deaths of suspects in police custody continued to occur as aresult of torture during interrogation. One such case was thatof Madan Lal who died in November 1993 within hours of beingpicked up and released by police. In June the NHRC recommendedthe award of $1,700 to compensate Lal's family, the transfer ofthe investigation from the Delhi Police Department to theCentral Bureau of Investigation (CBI), and the initiation ofproceedings against a police officer who had threatenedwitnesses. The Government accepted the recommendations.The press reported that police arrested Mahesh Paswan in theHajipur District, Bihar on the evening of February 19 and thatPaswan died in custody early the next morning. The victim'sfather filed charges against four policemen suspected ofcausing his son's death. The authorities suspended oneofficer, and the district magistrate initiated an inquiry.According to press reports, Bapula Das died in police custodyin the Khandagiri Police Station in Orissa April 27, hoursafter he was detained. Two men who had been detained with Dastold a local human rights group that the police tortured thethree of them with electric shocks. The Orissa Governmentreportedly suspended three police officers, initiated ajudicial inquiry, and paid the victim's family $800 incompensation.On August 29, Kashmiri journalist Ghulam Mohammad Lone and hisyoung son were shot dead in their home. He had received adeath threat from an army officer in connection with a storyreporting 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 thepast, Kashmiri militant groups carried out politicallymotivated killings on a wide scale, targeting progovernmentpoliticians, government officials, alleged police informers,civilians and members of rival factions. Examples included:the shooting death of Wali Mohammad Itoo, a National Conferenceleader and former state minister; the killings of former stateassembly member Abdul Majid Pandey and a police inspector inseparate incidents on July 15; and the killing of threepassengers on two buses stopped by militants in the DodaDistrict May 20. On June 20, militants allegedly shot andkilled the Dr. Qazi Nissar, the Mirwaiz (Muslim religiousleader) of South Kashmir, for speaking out against militancy.The Government estimated that 70 persons, including 35militants, were killed in clashes between militant factions inthe first 3 months of 1994.Maoist revolutionary Naxalites continued to commit manykillings in Andhra Pradesh, Bihar, and Orissa. Naxalites held"people's courts" in which village headmen and others werecondemned to death and summarily executed as "class enemies"and "caste oppressors." In Bihar during 1993, 300 persons wereestimated to have been killed in clashes between securityforces and Naxalites, and between Naxalite factions.Extensive, complex patterns of violence continued in the sevenstates of northeastern India. Numerous killings can beattributed to conflicts in each of the following categories:between indigenous peoples, usually Buddhist or animist, andimmigrant groups, usually Muslim or Hindu; between tribes ofindigenous peoples; between security forces and militants of atleast 18 insurgent groups; among factions of insurgent groups.Large numbers of security personnel were among the victims ofthe violence of the northeast. b. DisappearanceThere were widespread reports of disappearances again in 1994.There are credible reports that police throughout India oftendo not file required arrest reports. As a result, there arehundreds of unsolved disappearances in which relatives claim anindividual was taken into police custody and never heard fromagain. Police usually deny these claims, countering that thereare no records of arrest.Security forces acknowledge that they detained more than 10,000in Jammu and Kashmir from 1990 to mid-1994 and that theyreleased over 7,000 of them. The Government made public a listof more than 3,000 detainees in more than 20 detention centersin Jammu and Kashmir in 1994. However, human rights groupsmaintain that the Government does not acknowledge holdingwithout charge as many as 7,000 additional persons inincommunicado detention.The Government maintains that screening committees run by thestate government provide information about detainees to theirfamilies. However, other sources indicate that families areable to confirm the detention of their relatives only bybribing prison guards. The Kashmir Bar Association reportsthat bodies bearing marks of torture of persons detained weeksearlier have been found or returned to the victim's families.Amnesty International (AI) published a report in December 1993on disappearances in Jammu, Kashmir, and Punjab. TheGovernment's response to the report shed little light on citedcases. The response indicated that the Government of Pakistanand militant groups bear the responsibility for creatingcircumstances in Kashmir that "created possibilities of whatmay be perceived as excesses." The response indicated that theGovernment had completed inquiries on 75 disappearances: 35were dismissed on the grounds that no missing-person reportswere filed with local police authorities. That is, therelatives did not file reports with the authorities whom theybelieved perpetrated or condoned the abductions. Investigationcontinued in 12 cases, and in 10 cases the authorities releaseddisappeared individuals from detention. The Government offeredother explanations for the remaining cases.Problems with the absence of police arrest records isparticularly common in Punjab, where a number of disappearanceswere reported. A noteworthy case is that of Sukhwinder SinghBhatti, a defense lawyer for accused Sikh militants. On May12, plainclothes police officers arrested Bhatti; he has notbeen seen since. In a letter to the Chief Justice, a group ofPunjab lawyers pointed out that Bhatti's case was the fourth in3 years in which the police kidnaped a defense lawyer foraccused terrorists. On June 17, the Haryana and Punjab HighCourt ordered a CBI investigation into Bhatti's case; and onJuly 22, the NHRC summoned the Punjab state Home Secretary toprovide explanations for the disappearances of the fourlawyers. The NHRC reported that the cases are underinvestigation or before the Supreme Court.Militants in Kashmir and the northeast have increasinglyresorted to kidnapings to sow terror, seek the release ofdetained comrades and extort funds. According to thegovernment, Kashmiri militants conducted 368 kidnapings infirst half of 1994, including those of an American citizen and5 British nationals, all of whom were released unharmed orfreed unharmed by police. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe law prohibits torture, but there is credible evidence thatit is common throughout India. The authorities often usetorture during interrogations. In other cases, they torturedetainees to extort money and sometimes as summary punishment.Police officials in West Bengal acknowledged in pressinterviews that torture is a routine practice in interrogation.Human rights groups continue to report numerous cases in whichpolice and paramilitary forces have used torture duringinterrogations in Kashmir, Punjab, and Assam. Commonlyreported methods include: beatings, rape, burning withcigarettes and hot rods, suspension by the feet, crushing oflimbs with heavy rollers, and electric shocks. Because manyalleged torture victims die in custody, and others are afraidto speak out, there are few first-hand accounts, although themarks of torture have often been found on the bodies ofdeceased detainees (see Sections 1.a. and 1.b.). Theprevalence of torture by police in lockups throughout India isborne out by the number of cases of deaths in police custody.The rape of persons in custody is part of the broader patternof custodial abuse. According to the Home Minister, 54 casesof 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 rapebetween 1989 and 1993 in Delhi. The PUDR noted that there havebeen no convictions and that the authorities reinstated threeof 10 policemen dismissed in connection with these cases.In Madras, there were three publicized cases of gang rapes ofthe wives of prisoners in police stations in 1994; a number ofpolicemen have been suspended in connection with these cases.In late December, an official investigation recommendedofficial charges against policemen who allegedly raped sevenwomen in a melee that occurred when the police blocked themovement of demonstrators near Muzaffargarh on October 2.There were also many reports of rapes committed by securityforces and militants in Kashmir and the Northeast.Confessions extracted by force are generally inadmissible incourt. Under the Terrorist and Disruptive Activities(Prevention) Act (TADA), a confession made to an officer abovethe rank of superintendent of police is admissible asevidence--provided the police believe the confession wasvoluntary. However, the use of torture to obtain confessionsunder TADA is common.Prison guards have abused inmates for reasons unrelated tointerrogation. In one particularly serious case, 7 prisonersdied and 27 were injured as a result of beatings by guards inPilibhit Jail on the night of November 8. Criminal chargeshave 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 oneof its priority concerns. It has directed district magistratesto report all custodial deaths within 24 hours and stated thatfailure 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 ofcustodial abuse. Many cases are old and illustrate theslowness of the judicial system in custodial cases. Early inthe year, five Delhi constables were sentenced to 5 years'rigorous imprisonment for illegally confining and beating todeath Kamal Kumar in July 1979. In January the Supreme Courtsentenced three Uttar Pradesh policemen to imprisonment andfined two CBI inspectors for beating a suspect on the steps ofthe 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 arenot classified by the nature of their crimes, but by theirstanding in society. Class "C" prisoners are those who cannotprove they are college graduates or income taxpayers. Theircells are overcrowded, often have dirt floors, no furnishings,and poor quality food. The use of handcuffs and fetters iscommon. Class "B" prisoners--college graduates andtaxpayers--are held under markedly better conditions. Class"A" prisoners are prominent persons, as designated by theGovernment, and are accorded private rooms, visits, andadequate food, which may be supplemented by their families.Class "A" prisoners are usually held in government guesthouses. The authorities do not always follow thisclassification: following their arrest in October 1993,Kashmiri political leaders Abdul Gani Lone and Syed Ali ShahGilani were held for months as class "C" prisoners before theywere moved to a guest house (see also Section 1.e.).According to a statement in Parliament by Minister of State forHome Affairs, P.M. Sayeed, New Delhi's Tihar Jail, consideredone of the best-run in India, housed in March 8,577prisoners--in facilities designed to hold 2,487. According toSayeed, 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 prisonconditions. Nevertheless, prison conditions are a subject ofpress reports and have received greater attention from humanrights groups. Press accounts of prison conditions includereports of sexual abuse of prisoners, the use of prisoners byprison officials as domestic servants, the sale of food andmilk for prisoners on the black market, the sale of femaleprisoners to brothels, and the marketing and export ofprison-made goods.Women constitute 2 to 6 percent of the total prison population,according to the 1987 Justice Krishna Iyer Report. AlthoughParliament passed a Children's Act in 1960 to safeguard youngprisoners against abuse and exploitation, and a JuvenileJustice Act in 1986 provides that boys under 16 and girls under18 are not to be held in prison, most states have notimplemented these Acts. The Supreme Court has criticized thestate governments for not providing reformatories and separatedetention facilities for children. d. Arbitrary Arrest, Detention, or ExileOver the past decade, the Government implemented a variety ofspecial security laws intended to help law enforcementauthorities fight separatist insurgency. There are crediblereports of widespread arbitrary arrest and detention underthese laws.The Constitution requires that detainees have the right to beinformed of the grounds for arrest, have the right to berepresented by counsel, and, unless the person is held under apreventive detention law, the right to appear before amagistrate within 24 hours of arrest. At this initialappearance, the accused must either be remanded for furtherinvestigation or released. The Supreme Court has upheld theseprovisions. An accused person must be informed of his right tobail at the time of arrest and may, unless he is held on anonbailable offense, apply for bail at any time. The policemust file a charge sheet within 60 to 90 days of arrest; ifthey fail to do so, court approval of a bail applicationbecomes mandatory.The Constitution permits preventive detention laws in the eventof threats to public order and national security. These lawsprovide for limits on the length of detention and for judicialreview. Several laws of this type remain in effect.The National Security Act (NSA) of 1980 permits detention ofpersons considered security risks; police anywhere in India(except Kashmir) may detain suspects under NSA provisions.Under these provisions, the authorities may detain a suspectwithout charge or trial as long as 1 year on loosely definedsecurity grounds. The state government must confirm thedetention order, which is reviewed by an advisory board ofthree High Court judges within 7 weeks of arrest. NSAdetainees are permitted visits by family members and lawyersand must be informed of the grounds for detention within 5 days(10 to 15 days in exceptional circumstances). Nationwide, morethan two-thirds of the 16,000 people detained under NSA since1980 have been released by order of the state government or anadvisory board.The Jammu and Kashmir Public Safety Act (PSA) of 1978 coverscorresponding procedures for that state. In May theauthorities released and immediately rearrested Kashmiripolitical leaders Abdul Gani Lone and Syed Ali Shah Gilani, whohad been detained under the PSA in October 1993. The movefollowed a decision by the Supreme Court which ruled that theauthorities did not have sufficient grounds to detain Lone andGilani. However, they and 376 other Kashmiri detainees werereleased in October. Over half of the detainees in Jammu andKashmir are held under the PSA.The TADA was enacted in 1985 to fight insurgency in Punjab, buthas been invoked by almost every state, including those inwhich there is no insurgency (see also Sections 1.c. and1.e.). TADA stipulates that those found guilty of terroristand disruptive acts, or membership in a terrorist gang, may besentenced to no less than 5 years. It also carries the deathpenalty for certain terrorist crimes. Disruptive activitiesare defined broadly to include speech or actions that disruptor challenge the sovereignty or territorial integrity of India.The TADA extends the period to 60 days during which a detaineemay be held in police custody after remand by the court, and itallows administrative detention up to 180 days (1 year inspecial circumstances). Suspects held under TADA must bepresented within 24 hours before an executive magistrate whoreviews the detention order, but human rights groups say thisrequirement is frequently ignored. The TADA was extended for 2years in May 1993, at which time an amendment was addedrequiring authorization from a state police inspector generalbefore a court takes cognizance of a TADA case.According to the Government, there were 8,742 TADA arrests in21 states in 1993, the latest year for which information isavailable. In May the Home Ministry informed Parliament that61,843 persons had been detained under TADA since the law'senactment in 1985, and 48,502 had been released on bail. Whilethe Ministry said it did not maintain information on thenumbers of cases that resulted in conviction, the Minister ofState conceded that the number was very low.Press reports claim that, on the basis of official figures, 626persons have been convicted under TADA in all of India since1986. According to a study by one human rights group, 18 of11,957 detainees arrested under the TADA have been convicted inthe state of Gujarat, even though that state has notexperienced any insurgency. The vast majority of TADAdetainees are eventually freed on bail or released withoutcharges being filed.There are widespread accusations that the special security lawshave been misused in states not experiencing civil unrest as aconvenient way to hold people without trial. These accusationsare borne out by government data showing TADA and NSA arrestsby state. In 1993 more persons were detained under TADA inGujarat and Maharashtra than in Punjab, which was the Act'soriginal target. The authorities in Gujarat detained 2,902persons under TADA in 1993--roughly one third of the nationwidetotal. Detentions under NSA in 1993 were highest in Gujaratand Uttar Pradesh.Public opposition to TADA rose after a Supreme Court decisionin March upheld the Act's constitutionality. The press, humanrights groups, and lawyers' organizations criticized thedecision. The National Minorities Commission and prominentMuslim members of the Ruling Congress (I) Party, including asitting minister, claimed that TADA is used disproportionatelyagainst minorities, Muslims in particular, and called for itsrepeal. In July the Supreme Court issued another decision thatrestricted the use of TADA to terrorist crimes and called forthe release of those detained under TADA after 180 days if nocharges have been brought.The Home Minister acknowledged that there has been widespreadabuse of TADA and directed the chief ministers of the states tocorrect these practices. The pace of releases subsequentlyaccelerated and, by the end of November, the nationwide totalof persons detained under TADA was reduced to 6,432. Thelargest number of those still held are in Kashmir and thenortheastern states in Maharashtra, where religious riotsoccurred in January 1993.The Minister of State for Home Affairs stated in July that theGovernment 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 SupremeCourt to review its March decision. In September the NHRCentered a plea before the Court challenging one of TADA'sprovisions. The Court denied NHRC's standing but allowed itslawyer to advise the Court.The court system is overloaded. The result has been thedetention of persons awaiting trial for periods longer thanthey would receive if convicted. Prisoners may be held monthsor even years before obtaining a trial date. According to areply to a parliamentary question in July, more than 111,000criminal cases were pending in the Allahabad High Court, themost serious case backlog in the country, of which nearly29,000 cases had been pending for 5 to 8 years.</text>
</content>
<name>India </name>
<script></script>
</card>
card_32038.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ICELAND HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 ICELANDIceland 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or extrajudicial killings. b. DisappearanceThere were no known abductions or disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentTorture 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 ExileDue 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 TrialDefendants 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 CorrespondenceUnder 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 PressThe 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 AssociationThe 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 ReligionPractitioners of all faiths worship freely, without government restriction. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationIcelanders 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 GovernmentIceland 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 RightsHuman rights associations operate with no government interference.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe 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). WomenThere 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. ChildrenHigh 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 DisabilitiesDisabled 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 AssociationWorkers 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 CollectivelyThere 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 LaborForced or compulsory labor is prohibited by law, and does not occur. d. Minimum Age for Employment of ChildrenThe 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 WorkAlthough 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.</text>
</content>
<name>Iceland </name>
<script></script>
</card>
card_31845.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: HUNGARY HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 HUNGARYHungary 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentNo 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 ExilePolice 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 TrialUnder 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 CorrespondenceThe 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 PressThe 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 AssociationThere 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 ReligionThe 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 RepatriationThere 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 GovernmentCitizens age 18 and over have the right to change their government through national elections held at least every4 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 RightsNumerous 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 WomenLegally, 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. ChildrenThe 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 MinoritiesThe 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 MinoritiesThe 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 DisabilitiesThe 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 AssociationThe 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 CollectivelyThe 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 LaborThe law prohibits forced or compulsory labor, and the Ministry of Labor enforces this prohibition. d. Minimum Age for Employment of ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Hungary </name>
<script></script>
</card>
card_31524.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: HONG KONG HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 HONG KONGHong 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of disappearance. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileBritish 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 TrialThe 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 CorrespondenceThe 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 PressThere 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 AssociationThe 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 ReligionThe 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 RepatriationThe 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 GovernmentAlthough 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 RightsAlthough 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 StatusThere 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. WomenViolence 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. ChildrenThe 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 DisabilitiesThere 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 AssociationThe 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 CollectivelyAlthough 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 LaborLabor legislation prohibits forced labor, and it is not practiced. d. Minimum Age for Employment of ChildrenThe 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 WorkThere 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.</text>
</content>
<name>Hong Kong </name>
<script></script>
</card>
card_31392.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: HONDURAS HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens exercised the right to change their government throughdemocratic and peaceful means in the November 1993 elections.International observers found the elections to be free andfair. The national government is chosen by free, secret,direct, and obligatory balloting every 4 years. Suffrage isuniversal, but the clergy and serving members of the armedforces are not permitted to vote. Any citizen born in Hondurasor abroad of Honduran parentage may hold office except formembers of the clergy and the armed forces. A new politicalparty may gain legal status by obtaining 20,000 signatures andestablishing party organizations in at least half the country's18 departments.There are no legal impediments to women and minoritiesparticipating in government and politics, but in practice, theproportion of women in political organizations and elected tooffice is far lower than their overall representation insociety. However, for the first time voters elected a woman,Guadalupe Jerezano, as one of the three vice presidents in the1993 elections, and the losing opposition slate also had afemale vice presidential candidate. Women hold a Cabinetministry and Supreme Court position, as well as a number ofvice ministerial positions. Of the 128 Deputies in Congress,14 are women and 5 are indigenous. There are few indigenouspersons in leadership positions in government or politics,although the Honduran ambassador to the United Nations is amember of the Garifuna indigenous group.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Committee for the Defense of Human Rights in Honduras andthe Committee of the Relatives of the Detained and Disappearedin Honduras (COFADEH) are the best known and most active localnongovernmental human rights organizations. Prior to theGovernment's establishment of the Office of the Human RightsCommissioner, CODEH, with its network of offices throughout thecountry, was often the only recourse available to victims ofabuses, particularly those living in rural areas. Thenongovernmental Center for the Investigation and Promotion ofHuman Rights (CIPRODEH), established in 1991, offers basichuman rights courses, holds monthly seminars, carries outresearch on issues affecting Hondurans, and serves as a sourceof information on human rights. CIPRODEH continued its humanrights training of police officers and added training programsfor the military.Two COFADEH staff members reported instances of harassment. OnMarch 4, Berta Oliva de Nativi, COFADEH coordinator, had atelephone call interrupted by a male voice claiming to be acolonel who threatened to kill her and her family. Ms. Nativibelieved the caller to be an ex-member of the notoriousmilitary intelligence Battalion 3-16, created in the early1980's but now dissolved. Such threats, made by telephone atboth her home and office, continued through March and thebeginning of April. Another member of COFADEH, Dina MeethabelMeza Elvir, also received numerous threats and was harassed.On March 15, Ms. Elvir reported that a man in a car followedher for several miles and attempted to bump her vehicle. Sheobtained the license plate number. On March 16, as she wasleaving her son's hospital in Comayaguela (a section ofTegucigalpa), she was again followed by the same car. Ms.Elvir presented her information to the criminal court and alsowent 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 underinvestigation; the Attorney General's office offered protectionto both women.The Governmental Inter-institutional Commission on Human Rights(CIDH), established in 1987 to respond to domestic andinternational inquiries and to investigate human rightsviolations, is largely ineffective, as it does not receive fullcooperation from military and civilian judicial authorities.The Government provides the Human Rights Commissioner withinsufficient funds, leaving him dependent upon contributionsfrom international organizations such as the United NationsChildren's Fund. He has proposed that the Human RightsCommissioner be elected by Congress, with its power derivedfrom the Constitution.Government officials continued to meet and cooperate withrepresentatives of local and international human rightsorganizations.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution bans discrimination based on race and sex.Although it also bans discrimination on the basis of class, infact, both the military and the political and social elitegenerally enjoy impunity before the legal system. Members ofthe socioeconomic upper class are rarely arrested or jailed.The Constitution provides for 2 years of compulsory militaryservice for male citizens between the ages of 18 and 30,although only Hondurans from the middle and lower classes havebeen forcibly recruited into the armed forces. In May, atPresident Reina's initiative, and over the opposition of thearmed forces, Congress unanimously voted to abolish involuntarymilitary service. Although the measure, as a constitutionalamendment, will have to be approved again in 1995 in order tobecome effective, the President ordered an immediate suspensionof forced recruitment. However, in late September, in the faceof strongly diminished armed forces levels, President Reinaordered the resumption of compulsory military service. A draftlottery was held on November 19 to fill 6,500 open positions inthe armed forces. Most upper-class youths continued to avoidconscription, either as students or through their names beingleft off the lottery eligibility lists. WomenWomen are represented in at least small numbers in most of theprofessions, but cultural attitudes limit their careeropportunities. In theory, women have equal access toeducational opportunities, but family pressures often serve tobrake the ambitions of women intent on obtaining highereducation. The law requires women, who make up 51 percent ofthe work force, to be paid equal wages for equal work, buttheir jobs are often classified as less demanding than those ofmen, as a justification for paying them lower salaries.Violence against women remains widespread, and seriousweaknesses in the Penal Code severely impede efforts to combatit. Visitacion Padilla, a women's human rights group, hascalled for legislation to make violence against women a seriouscrime. The majority of such violence takes place within thefamily. The courts do not take action in domestic violencecases unless the victim is badly battered and incapacitated formore than 10 days. Except in the case of children age 12 orunder, rape is considered a private crime. Rape victims overage 12 are therefore required to hire a private prosecutor, aluxury few can afford. The penalties for rape are relativelylight, ranging from 3 to 9 years' imprisonment. There are noshelters specifically maintained for battered women. Althoughthe law offers some redress, few women take advantage of thelegal process, believing that judges would be unwilling toapply the law vigorously. Sexual harassment in the workplaceis also a problem, as graphically described in testimony to theU.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 andmarginal neighborhoods of cities. The Honduran Federation ofWomen's Associations, for example, provides home constructionand improvement loans, offers free legal assistance to women,and lobbies the Government on women's causes. The human rightsgroup CIPRODEH began an education program to make women awareof their rights under the law. ChildrenThe Government is committed to providing basic education andhealth care to children, but is unable to prevent abuse ofstreet children (see Section 1.c.) and child workers (seeSection 6.d.). In Tegucigalpa, there are about 1,300 streetchildren, many of whom have been sexually molested; at least10 percent are chronically addicted to glue sniffing. Over75 percent of the street children find their way to the streetsbecause of severe family problems; 9 percent are abandoned.Many of these children, when arrested, are housed with adultsand abused. Both the police and members of the generalpopulation employ violence against street children. CasaAlianza worked with the police to end abuse of children who arearrested. However, vigilante violence and allegations ofpolice abuse continue to be a problem. Indigenous PeopleThe small community of indigenous people have little or noability to participate in decisions affecting their lands,cultures, traditions, or the allocation of natural resources.All indigenous land rights are communal, and the law prohibitssale of such property either by individuals or the tribe.Tribal lands are often poorly defined in documents dating fromthe mid-19th century, and in most cases lack legal title basedon modern cadastral measurements. The Honduran ForestryDevelopment Corporation makes decisions regarding exploitationof timber resources on indigenous lands, often over strenuoustribal objection. Usurpation of indigenous lands bynonindigenous farmers and cattle ranchers is common.The courts commonly deny legal recourse to indigenous groupsand show bias in favor of the nonindigenous parties, who areoften people of means and influence. Failure to obtain legalredress frequently provoked indigenous groups to attempt toregain land through invasions and other tactics, which usuallyprovoked the authorities to retaliate forcefully. To focusgovernmental and public attention on their needs, severalthousand Indians from all over the country marched to thecapital city of Tegucigalpa on July 12 to support complaints ofIndians from the Intibuca region about illegal logging.President Reina and his Cabinet met with Indian representativesand agreed to address the problem and to consider long-termrecommendations regarding the Indian situation. Acongressional committee drafted legislation to create a newcounty composed exclusively of Indian communities, and theGovernment promised to build schools and roads and to ensuregreater protection of the forests in which the Indians live.However, on October 3, several thousand Indians of varioustribes made a followup march to Tegucigalpa to remind theGovernment of its promises and to complain of increasingproblems with the armed forces in their areas. People with DisabilitiesThere are no formal barriers to participation by disabledpersons in terms of employment, education, and health care, butneither is there specific statutory protection for them. Thereis no legislation that requires accessibility for disabledpersons to government buildings or services.Section 6 Worker Rights a. The Right of AssociationWorkers have the legal right to form and join labor unions, andwith the exception of some "parallel" unions formed by theGovernment, the unions are independent of government andpolitical parties. Although only about 20 percent of the workforce is organized, trade unions exert considerable economicand political influence. They frequently participate in publicrallies against government policies and make extensive use ofthe media to advance their views. There are also three largepeasant associations directly affiliated with the tradeunions. The Constitution provides for the right to strike,along with a wide range of other basic labor rights, which theauthorities honor in practice. The Civil Service Code,however, stipulates that public workers do not have the rightto strike. (This does not include those working in state-ownedenterprises.) There were legal and illegal strikes during theyear by public and private schoolteachers, mail workers, bananaworkers from Chiquita Brands, and workers in a dozen or moreforeign-owned maquiladora (in-bond processing) plants exportingtextiles to the United States.A number of private firms have instituted "solidarity"associations, which are essentially aimed at providing creditand other services to workers and management who are members ofthe association. Membership in these associations increasedslightly during the year. Organized labor, including theAmerican Federation of Labor-Congress of IndustrialOrganizations and the International Confederation of Free TradeUnions, strongly opposes these associations on the grounds thatthey do not permit strikes, have inadequate grievanceprocedures, and neutralize genuine and representative tradeunions.The trade union movement maintains close ties with variousinternational trade union organizations. b. The Right to Organize and Bargain CollectivelyThe law protects workers' rights to organize and to bargaincollectively; collective bargaining agreements are the norm forcompanies in which workers are organized. However, althoughthe Labor Code prohibits retribution by employers for tradeunion activity, it is a common occurrence. Employers threatento close down unionized companies, harass their workers, and insome cases fire them for trying to form a trade union.Employers actually dismiss relatively few workers for unionactivity 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 underthe protection of the Labor Code, which gives them the right toseek redress from the Ministry of Labor. Labor or civil courtscan require employers to rehire employees fired for unionactivity, but such rulings are uncommon. Generally, however,agreements between management and unions contain a clauseprohibiting retaliation against any worker who participated ina strike or union activity.The same labor regulations apply in export processing zones(EPZ's) as in the rest of private industry. Unions are activein the government-owned Puerto Cortes free trade zone (allseven maquiladora companies there are unionized), but factoryowners have resisted efforts to organize the new privatelyowned industrial parks. To date, none of the EPZ plants hasbeen organized. In the absence of a union and collectivebargaining, several of the EPZ plants have institutedsolidarity associations which to some extent exist as companyunions for the purpose of setting wages and negotiating workingconditions. Others use the minimum wage to set startingsalaries and adjust the wage scale by negotiating with commongroups of workers and individuals depending on skill, years ofemployment, and other related criteria. Talks between unionsand EPZ plants continue.In February an EPZ firm fired 4 female workers involved inunion organizing activities; in response, 5,000 workers tookover the Continental Industrial Park near El Progreso onFebruary 10, closing 8 factories. Five days later, workersoccupied five factories at the Galaxy Industrial Park for thesame reason. In June 6,000 workers took over the highwayleading to the Puerto Cortes industrial area, closing6 factories that had fired several pregnant women in violationof the Labor Code.Labor leaders blame the Government for permitting management totake such actions, and say this problem will continue until theMinistry 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 andindifferent to workers' needs. In the month-long strikebetween Chiquita Brands and its union, for example, theMinistry of Labor and four separate commissions named by thePresident were unable to end the conflict.The Labor Code clearly prohibits blacklisting; nevertheless,there was credible evidence that informal blacklisting occurredin the privately owned industrial parks. When unions areformed, organizers must submit a list of initial members to theMinistry of Labor as part of the process of obtaining officialrecognition. Before official recognition is granted, however,the Ministry must inform the company of the impending unionorganization. Ministry officials have consistently been unableto provide effective protection to workers. There are crediblereports that, particularly in the EPZ sector, some inspectorshave gone so far as to sell companies the names of employeesinvolved in forming a union, which some companies used todismiss union organizers before recognition was granted. Thereis also credible evidence that military intelligence maintainsfiles on union activists. c. Prohibition of Forced or Compulsory LaborThe Constitution and the law prohibit forced or compulsorylabor. Although there were no official reports of suchpractices, allegations of forced overtime in EPZ plants,particularly for women, are credible. d. Minimum Age for Employment of ChildrenThe Constitution and the Labor Code prohibit the employment ofminors under the age of 16, except for children between theages of 14 to 16 who have the permission of their parents andthe Ministry of Labor. Employers legally hiring children underthe age of 16 must certify that the young person has finishedor is finishing his or her compulsory schooling. The legal agefor working without parental consent is 16. The Ministry ofLabor grants a number of these work permits to 14- and 15-year-olds each year. It is common for 12- and 13-year-olds toobtain these documents or to purchase forged permits which usethe Labor Ministry's letterhead.The Ministry of Labor does not effectively enforce child laborlaws, and violations of the Labor Code occur frequently inrural areas and in small companies. Many children work insmall family farms, as street vendors, or in small workshops tosupplement the family income. According to the Ministry ofLabor, human rights groups, and organizations for theprotection of children, the most significant child laborproblem is in the construction industry. A 15-year-old girlalso testified before a U.S. Senate subcommittee in Septemberthat children below the legal employment age work in thegarment assembly sector. e. Acceptable Conditions of WorkIn December the Government decreed increases ranging from 15 to33 percent in the minimum wage, the first since June 1993.Daily pay rates vary by the sector of the economy affected andgeographical zones: the lowest minimum wage is $1.60 (14.95lempiras) per day in the agriculture sector. The highestminimum wage is in the mining sector at $2.79 (26 lempiras)daily. Urban workers earn slightly more than those in thecountryside. The Constitution and the Labor Code stipulatethat all labor be fairly paid, but the Ministry of Labor lacksthe staff and other resources for effective enforcement. Evenafter the third consecutive annual increase, the minimum wageis considered insufficient to provide a decent standard ofliving 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 periodevery 8 days. The Labor Code provides for a paid vacation of10 workdays after 1 year and 20 workdays after 4 years.However, employers frequently ignore these regulations due tothe high level of unemployment and underemployment, and thelack of effective enforcement by the Ministry of Labor.The Ministry of Labor is responsible for enforcing nationalhealth and safety laws, but does not do so effectively. Thereis no provision for a worker to remove himself from a dangerouswork situation without jeopardy to continued employment.Reliable reports indicate that there are still as many as50 deaths per year resulting from serious health and safetyhazards facing Miskito Indian scuba divers employed in lobsterand conch harvesting off the Caribbean coast. Some complaints,although fewer than in previous years, allege the failure offoreign factory managers to comply with occupational health andsafety aspects of Labor Code regulations in factories locatedin free zones and industrial parks.</text>
</content>
<name> </name>
<script></script>
</card>
card_31120.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: HONDURAS HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 HONDURASHonduras is a constitutional democracy with a President and aunicameral Congress elected for 4-year terms, and anindependent judiciary headed by a Supreme Court of Justice(CSJ). President Carlos Roberto Reina took office in Januaryas the fourth democratically elected president since thereestablishment of democracy in 1982. Both major parties(Liberal and Nationalist) have now assumed power from the otherafter free elections.The Honduran Armed Forces (HOAF) comprise the army, air force,navy, and the National Police (Public Security Force--FUSEP) asa fourth branch. The HOAF operates with considerableinstitutional and legal autonomy, particularly in the realm ofinternal security and military affairs. It controls thepolice, the merchant marine, and the national telephonecompany. In November the Congress passed legislation whichwill remove the merchant marine from military control in 1995.The Government established an Ad Hoc Commission on Police andJudicial Reform in 1993, in response to credible allegations ofextrajudicial killings by members of the FUSEP, particularly itsDirectorate of National Investigations (DNI). On January 6, itestablished a new Public Ministry containing a new Directorateof Criminal Investigations (DIC) to replace the DNI. TheGovernment formally dissolved the DNI in June, but the DIC isstill in the process of formation, leaving a gap ininvestigative capability. Human rights organizations, includingthe Government's National Commission for the Protection of HumanRights (CONAPRODE), say there was a noticeable drop in reportsof abuses after the DNI was abolished. However, members of boththe armed forces and the FUSEP continued to commit human rightsabuses.The economy is primarily based on agriculture, with a small butgrowing light manufacturing sector. The armed forces also playa sizable role in the national economy, controlling numerousenterprises usually associated with the private sector,including several insurance companies and one of the two cementcompanies. Economic activity was plagued by a drought-inducedshortage of electricity, and real gross domestic productdeclined by about 2 percent. Combined unemployment andunderemployment were approximately 58 percent, and theGovernment estimated that 62 percent of all citizens live inpoverty.The most widespread human rights abuses were arbitrary andincommunicado detentions, and beatings and other abuse ofdetainees, sometimes including torture. There was a smallnumber of extrajudicial killings. One major cause of humanrights problems is the impunity enjoyed by members of thecivilian and military elite, exacerbated by a weak,underfunded, and sometimes corrupt judicial system. Prisonconditions remained deplorable. Other continuing human rightsproblems were violence against women, discrimination againstindigenous peoples, and the inability of the judicial system toprovide prisoners awaiting trial with swift and impartialjustice. Almost no elected official, member of the businesselite, bureaucrat, politician, or anyone with perceivedinfluence or connections to the elite was tried, sentenced, orsignificantly fined in 1994.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of politically motivated killings, butmembers of the security forces committed several extrajudicialkillings.The crime rate surged in 1994, including a rise in the numberof homicides. It has become increasingly difficult todifferentiate between homicides that may have been extrajudicialacts by government forces or agents and those which were commoncrimes.In March two FUSEP agents kidnaped, tortured, and stabbed todeath a 78-year-old evangelical pastor, Justo Irias Ordonez, inLepaguare, Olancho (located in a remote part of easternHonduras). Witnesses to the events claim the two agents wentto the home of Ordonez, beat him with rifle butts, tied hishands, and took him to a place known as Pozo Malacate wherethey sodomized and killed him. The FUSEP commander inJuticalpa arrested the two agents and charged them with thecrime. At year's end, they were awaiting trial by civil court.On November 7, the authorities suspended the Chief of Police inLa Ceiba and two of his subordinates pending an investigationby the Attorney General's office into the alleged kidnaping andmurder of a vendor suspected of killing an 11-year-old boyduring an attempted burglary. Officials from the Committee forthe Defense of Human Rights in Honduras (CODEH), the AttorneyGeneral's Office, and the police are working together on theinvestigation, the first time this has ever occurred, accordingto CODEH.Credible allegations of extrajudicial killings by members ofthe FUSEP, particularly its now defunct Directorate of NationalInvestigations, led to the creation of the new Public Ministryto manage investigations of criminal cases. The new Ministryis also responsible for investigating all cases of extrajudicialkillings, including those of past years. The Governmentformally dissolved the DNI on June 11 and moved its functionsto the new civilian-controlled DIC. Human rights groups noteda drop in the number of reports of human rights abuses sincethe dissolution of the DNI. The Public Ministry is still inthe process of training and organizing its staff and recruitingmembers for the new DIC. The attorneys and staff of theMinistry will lack the capability to investigate adequatelycurrent or past criminal cases until the DIC completes itstraining in the spring of 1995.The authorities undertook no further investigation orprosecution of alleged extrajudicial killings committed inprevious years. These included the 1993 killings of EduardoPina van Tuyl, Guillermo Agurcia Lefebvre, Lourdes Enamorado,Roger David Torres Vallejos, Rigoberto Quezada Figueres,Cleofes Colindres Canales, Juan Jose Menendez, Glenda PatriciaSolorzano Medina, and Jorge Alcides Medina Hernandez; the 1992killings of Juan Humberto Sanchez, Rigoberto Borjas, RamonCastellon Baide, and Cayo Eng Lee; the 1991 murder of Manuel deJesus Guerra; and the 1990 killings of Francisco Javier BonillaMedina and Ramon Antonio Briceno.The family of 18-year-old student Riccy Mabel Martinez, victimof a July 13, 1991 rape and murder, appealed the originalverdict in the case (equivalent to second-degree murder), andrequested that the two military defendants be convicted offirst-degree murder (which would preclude any possibility ofpardon). The defendants filed a countersuit; at year's end,both cases were pending before the Supreme Court of Appeals. b. DisappearanceThere were no reports of disappearances motivated by politicsor conducted by the security forces.Local human rights groups and Amnesty International continuedto press, unsuccessfully, for an official accounting of the184 claimed disappearances which occurred mainly during theearly 1980's under the tenure of former armed forces CommanderGeneral Gustavo Alvarez Martinez.In December 1993, Human Rights Commissioner Leo Valladarespresented a preliminary report on political disappearancesduring the 1979-89 period. On November 9, a CSJ Commissionannounced that all but 9 of the 184 missing persons caseslacked the evidence required for proper legal proceedings.(The nine cases referred to are those or persons who weremissing for some time but were later found alive.) The reportalso noted that the survivors accused the current Minister ofDefense of involvement in the detention, torture, anddisappearance of four suspected leftists in 1988 (when hecommanded an infantry brigade), but offered no proof. TheCommission sent the nine cases warranting further action to theAttorney General's office. All nine were reopened and atyear's end, preliminary investigations were under way. A fullinvestigation will be possible only when the DIC is trained andin place.On December 9, three forensic anthropologists who excavated agrave site believed to contain a death squad victim from the1980's were able to confirm the identity of the body buried atthat site since 1982 as that of Nelson Mackay Chavarria, aHonduran citizen. Because of serious decomposition of thebody, the anthropologists could not determine the cause ofdeath or whether the victim had been tortured. Human RightsCommissioner Valladares called for an immediate investigationby the Attorney General's Office and an end to impunity forthose involved in the 184 disappearances during the 1980's.The Attorney General began an investigation which will includetestimony by members of the security forces. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough the Constitution prohibits torture, and police andmilitary authorities issued assurances throughout 1994 that thepractice had been stopped, credible charges of torture andother abuse of detainees continue. Members of the police forceresort to abuses to obtain confessions and keep suspects injail. There were no reports of torture for political motives.One case of alleged torture involved 27-year-old narcoticssuspect Fernando Flores Salgado. The Public Ministry reportedthat a FUSEP agent arrested Salgado on August 11 in the airportat Puerto Lempira and took him to a police station where,during a search of his luggage, police found an AK-47 automaticassault rifle. Salgado claimed he was beaten and a sack lacedwith lime was placed over his head, causing burns. TheMinistry's report said the beatings continued on August 12 and,when the officers and their commander failed to extractinformation from Salgado about the seller of the AK-47, theytook him to a lake and repeatedly submerged him in the water.On August 13, an assistant prosecutor from the Public Ministryobtained Salgado's release. Attorney General Edmundo Orellanapresented charges against all three FUSEP agents for humanrights violations, torture, battery, and attempted homicide.The courts in Puerto Lempira issued warrants, but none of thethree were arrested. Prosecutors at the Public Ministry statedthat FUSEP officials attempted to halt any investigation of thethree agents by filing charges of drug trafficking against theassistant prosecutor who secured Salgado's release. Localhuman rights groups say this is an attempt by the FUSEP todiscredit the charges and intimidate the investigators. TheFUSEP rearrested Salgado on October 15 and charged him withterrorism because of the AK-47 found in his possession. Inlate October, the FUSEP dropped all charges against Salgado andthe prosecutor; charges were also dropped against the FUSEPagents.On October 7, police arrested two juveniles in Tegucigalpa.The juveniles charged that police held them in a cell withadults and that both police and the other prisoners beat andtortured them. Officials of Casa Alianza (an affiliate ofCovenant House in New York), which operates a refuge for streetchildren, obtained the release of both of them on October 10.Following medical confirmation of the injuries to one of theyouths, Casa Alianza filed charges against the FUSEP forviolating the youth's rights, illegal detention, and torture.It also requested a full investigation by the AttorneyGeneral's office. Market vendors and a FUSEP regionalcommander protested Casa Alianza's actions, asserting that theorganization provides refuge for juveniles who commit crimes.Casa Alianza, in response, called on the national Human RightsCommissioner to fulfill his obligation to protect children'srights.Amnesty International and Casa Alianza both received reports ofminors whom members of the police and the army subjected toillegal arrest, ill-treatment, and sexual abuse. A street girlin San Pedro Sula, 11-year-old Martha Maria Saire, charged thattwo uniformed members of the military battalion based in Tamaragrabbed and raped her. Medical examinations confirmed she hadbeen sexually abused. On April 22, the authorities presentedthe case to the first criminal district court. The AttorneyGeneral's office issued arrest warrants for the soldiers, butthey are reportedly absent without leave.Another case involved 16-year-old Mario Rene Enamorado Lara wholives in Casa Alianza's transition home in Tegucigalpa. OnJuly 10, while on his way to the home in the company of otherchildren, eight uniformed members of the FUSEP's first squadronstopped the group and accused Mario of having stolen a watch.They arrested him without a warrant, took him to the squadronheadquarters, and placed him in detention in a cell with adultdetainees. He charged that three policemen severely punchedand kicked him during detention; adult male prisoners also beathim while he was in the cell. The same afternoon, legalcounsel from Casa Alianza obtained his freedom, and anindependent doctor confirmed injuries to his body, face, andhead. Casa Alianza presented a formal complaint to the FUSEPand to the Public Ministry. Lacking an investigative arm, thePublic Ministry had made no arrests by year's end.In February police officers severely beat U.S. citizen TerryGeorge Clymire, whom they were in the process of arresting oncivil charges. The Prosecutor's office and the FUSEP Office ofProfessional Responsibility (OPR) investigated the case, butmade no charges or arrests in the case. Charges againstClymire were dropped.The Office of Professional Responsibility investigates cases ofalleged torture and abuse; OPR officials recommend sanctionsfor police agents found guilty of such mistreatment. However,neither the FUSEP General Command nor the OPR is empowered topunish wrongdoers; only the commander of the accused agent hasthe authority to do so. During the past 12 months, OPRinvestigated eight FUSEP agents for abusing and beating streetchildren in the Tegucigalpa area. The FUSEP dismissed all ofthem, and the courts convicted three agents and gave them30-day jail terms.Prison conditions in Honduras are consistently deplorable.Prisoners suffer from severe overcrowding, malnutrition, and alack of adequate sanitation. In the Central Penitentiary inTegucigalpa, there are 1,954 internees, of whom only 512 havebeen convicted and are serving sentences. More often than not,the mentally ill and those with tuberculosis and otherinfectious diseases are thrown together in the same cells. Anew, larger detention facility in Tamara lacks water and powerand probably will not open until 1995. Prisoners with moneyroutinely buy private cells, decent food, and conjugalvisitation rights, while prisoners without money often lack themost basic necessities as well as legal assistance. d. Arbitrary Arrest, Detention, or ExileThe law states that the police may arrest a person only with acourt order, unless the arrest is made during the commission ofa crime, and that they must clearly inform the person of thegrounds for the arrest. (By law the FUSEP cannot investigate;it only detains those suspected of committing a crime.) Policemust bring a detainee before a judge within 24 hours; the judgethen must issue an initial temporary holding order within 24hours, release an initial decision within 6 days, and conduct apreliminary investigation to decide whether there is sufficientevidence to warrant further investigation. However, inpractice, the authorities do not routinely observe theserequirements of the law. While bail is legally available, itis 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, thepolice, public officials, or any citizen may initiate criminalproceedings. Perhaps as many as 80 percent of the casesreported to the police are never referred to the criminaljustice system but instead are settled administratively by thepolice or by municipal courts, which are separate from theregular judicial court system.There were continued allegations that the FUSEP hired someformer members of the DNI, and that these and other securityforce elements continued to practice arbitrary arrest anddetention in a substantial number of cases. Local human rightsmonitoring organizations asserted, however, that this situationimproved markedly after the issuance of a report by the Ad HocCommission on Police and Judicial Reform and the dissolution ofthe DNI.The Constitution prohibits the expatriation of a Hondurancitizen to another country; exile is not used as a means ofpolitical control. e. Denial of Fair Public TrialCongress elects the nine Supreme Court justices and thePresident confirms them. Their 4-year terms coincide withthose of the Congress and the President. The Supreme Courtappoints all the judges in the lower civilian courts. Someheadway was made in using a career system to depoliticize theappointments process and to break the subcultures of corruption,clientism, patronage, and influence peddling within thejudiciary. In midyear the Supreme Court ordered strictadherence to the judicial career law, i.e., a merit-orientedselection and retention process for judges and court officials,commencing with second-instance judges.However, both major political parties continue to resist therecommendation by the Ad Hoc Commission that they agree to acompletely apolitical, independent judiciary. Members ofCongress representing powerful economic and political interestscontinued to pressure the President and magistrates of theSupreme Court to permit politicians to appoint judges and courtfunctionaries purely on political criteria and without regardto professional and ethical qualifications. The judicialsystem also still suffers from woefully inadequate funding.Traditionally, the Honduran Armed Forces insisted that only itscourts-martial could try its members. However, in 1993Congress passed a resolution restricting the jurisdiction ofthe military court system to military crimes committed byactive duty personnel. Since then enlisted military personnelaccused of crimes against civilians have in fact been remandedto the civilian judicial system. The military continued toaccept civilian court jurisdiction over its members, and thePublic Ministry assigned civilian prosecutors to each of the 11military courts. It also began much publicized investigationsof human rights violations (past and present) by militarypersonnel and followed up on anonymous published accusations offinancial fraud by senior military officers.An accused person has the right to a fair trial, which includesthe right to an initial hearing by a judge, to bail, to anattorney 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 monthsand constituted a serious human rights problem. In an extremecase, a mentally deficient, illiterate peasant spent 17 yearsin jail after being acquitted, due to the failure byresponsible officials to process his release papers. Asignificant number of defendants serve the maximum possiblesentence for the crime of which they are accused before theirtrials are ever concluded or even begun. Of the 6,042detainees making up the country's prison population in early1994, 5,103, or 84 percent, had been neither sentenced norexonerated. These judicial weaknesses, along with the almosttotal lack of thorough investigation of crimes and collectionof evidence, greatly undermine the right of citizens to aspeedy, fair public trial. In addition, some judicialauthorities in rural areas received anonymous threats.The passage of the 1994 Public Ministry Law and subsequentcreation of the new ministry, with 76 public prosecutorsassigned nationally and twice that many planned for 1995, isintended to strengthen the citizenry's ability to seek redressfrom government abuses and to enjoy fair and public trials.The Public Ministry's independence from the other branches ofthe Government also is intended to reduce somewhat theopportunities for the politically and economically powerful todistort the judicial process with impunity. The widelyrespected new Attorney General stressed the importance ofpersonnel selection for the Public Ministry, and indicated hewould refuse to employ former members of the DNI. In the shorttime it has existed, even before becoming fully organized, thePublic Ministry began investigations of a number of courtofficials on various corruption and malfeasance charges. As aresult, the authorities dismissed 38 court officials, including10 Superior Court judges and 11 justices of the peace.Despite the creation of the Public Ministry and the DIC, atyear's end the justice system still favored the rich andpolitically influential and remained weak, underfunded,marginally politicized, and generally inefficient. While theSupreme Court made strides in both organization andinvestigation of corrupt court officials, the underfundedjudiciary remained very vulnerable to influence and corruption. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution specifies that a person's home is inviolableand that persons authorized by the State may enter only withthe owner's consent or with the authorization of a competentauthority. 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 thecommission of a crime. However, as in previous years, therewere credible charges that police and armed forces personnelfailed at times to obtain the needed authorization beforeentering a private home. Despite a new system of "duty judges"and "duty prosecutors" to issue search orders, they appeared tolack the discipline to make themselves available 24 hours perday, 7 days a week. Coordination among the police, the court,and the Public Ministry is improving. However, interagencyliaison problems still undermine the effectiveness of thesystem.Judges may authorize government monitoring of mail ortelephones for specific purposes, such as criminalinvestigation or national security. However, the armed forcesreportedly continued to use its operation of the nationaltelephone company to monitor illegally telephone lines ofinfluential people in the Government, the military, and theprivate sector without authorization from the appropriatecivilian judicial authority.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and press, andthe authorities largely respected these freedoms in practice.The media, while often openly critical of the Government andfrequently willing to expose corruption, are themselves subjectto high levels of corruption and politicization. Seriousinvestigative journalism is still in its infancy. Journalistsare known to have requested bribes to kill stories. Therecontinued to be credible reports of intimidation by theauthorities, instances of self-censorship, and payoffs tojournalists.The Government respects academic freedom and has not attemptedto curtail political expression on university campuses. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for the right to peaceful assemblyfor political, religious, or other purposes. The Governmentdoes not generally require prior authorization or permits butmay ask for a permit to "guarantee public order." In mostcases, neither the Government nor the armed forces interfere inthe right of citizens to assemble. For example, when severalthousand Indians staged a protest march to the capital in July,they were allowed to occupy the center of the city for severaldays, withdrawing peacefully after meeting with the Presidentand other officials and winning concessions on their demands. c. Freedom of ReligionThe Constitution protects all forms of religious expression,and the Government respects this right in practice. Numerousforeign missionaries work and proselytize throughout thecountry. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens 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 revokedfor political reasons. Of the 250 Haitian refugees who arrivedin Honduras in November 1991, 45 remain.</text>
</content>
<name>Honduras </name>
<script></script>
</card>
card_30935.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: HAITI HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech and the press,and, in the last quarter of 1994, these rights wereincreasingly exercised. The more open climate contrasted withthe first 9 months of the year when the military regime and defacto authorities significantly abridged freedom of expressionand the press through intimidation and the resultant self-censorship. The authorities routinely harassed radio and printjournalists and vendors of pro-Aristide publications. The defacto regime increased restrictions on the press in late Mayand again with the illegal institution on August 1 of a stateof siege, issuing a decree forbidding the press to publish"foreign propaganda" or information that might "alarm thepopulace." The decree threatened the broadcast media, warningthat their facilities were subject to military requisition. Inmid-August, the regime forbade the media to use statements andinformation from foreign embassies and their press services.The regime also restricted foreign journalists from travelingoutside of Port-au-Prince and entering certain "strategiczones." The de facto authorities deported a U.S. news team inAugust after filming at the airport and detained the team's twoHaitian employees for 10 days.With an illiteracy rate of approximately 80 percent, broadcastmedia, especially Creole-language radio, are the principalmeans by which the populace receives information. For most ofthe year, there were 14 radio stations in Port-au-Prince, 6 ofwhich offered news programming. Four radio stations operatingbefore the September 1991 coup closed permanently, but somestations sympathetic to President Aristide, including TropicFM, continued to operate. Two independent daily newspapersoperate in Port-au-Prince. Pro-Aristide weeklies published inHaiti and the United States were sold in the streets throughmost of the year; in September, the locally published Libeteceased operation, citing increased threats to distributors.However, the journal resumed publication soon after arrival ofthe MNF.In the months following the restoration of President Aristide'sGovernment, several new journals appeared, among them aU.S.-based magazine, strongly anti-Aristide in its outlook.The press covered the activities of the newly restoredGovernment and the MNF extensively and without censorship.Radio Antilles, a radio station that had gone off the air in1991, returned on New Year's Day 1995. The national televisionstation was off the air for a time following the intervention,but, just as it resumed broadcasting in December, the Ministerof Information dismissed its director, a Malval appointee,sparking a mass resignation of employees. b. Freedom of Peaceful Assembly and AssociationThe de facto authorities severely restricted the constitutionalrights of freedom of assembly and association following the1991 coup. Until the arrival of the MNF, the fear of amilitary or paramilitary attack was sufficient to prevent mostmeetings, including those of nonpolitical organizations, fromtaking place. There were credible reports from all parts ofthe country that the military engaged in a systematic effort toinhibit association. In July police and armed civiliansattacked a regular meeting of the K-16 political coalition, ledby legitimate Port-au-Prince mayor Evans Paul and SenatorTurnep Delpe. The participants scattered; the police detainedone person for a day but killed no one. The police arrestedsome community organizers, even of nonpolitical organizations,and sometimes beat, harassed, or intimidated them into fleeingtheir own communities. Grassroots liberation theologyorganizations known as "Ti Legliz" remained a strong base ofsupport for President Aristide in the countryside. Thesegroups and their leaders were particular targets of militaryand paramilitary harassment. The police prevented civiceducation, community health, and literacy organizations fromoperating normally.In a report to the U.N. Security Council covering the end of1994, the U.N. Secretary General said, "Haitians can now enjoytheir 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 orattaches. Politically motivated arrests by local judicialofficials associated with FRAPH have occurred, but arrests forthe expression of political views have largely ceased. Largenumbers of displaced people have come out of hiding andreturned to their homes. Overall, there is a feeling ofliberty and a sense of security which did not existpreviously. This is particularly striking in the areas wherethe MNF has been deployed. The flurry of acts of vengeance andretribution which erupted immediately prior to, and after, thereturn of President Jean-Bertrand Aristide on October 15, 1994,was short-lived. The President has repeatedly called forreconciliation and his appeals have been heeded by thepopulation." c. Freedom of ReligionThe Constitution protects the right to practice all religionsand faiths, provided that practice does not disturb law andorder. Religion is an integral part of Haitian life andculture and is practiced widely. There are no governmentrestrictions on missionary activities, affiliation withoverseas coreligionists, religious instruction, or publishing.There were few high-profile attacks on churches or church-related organizations in 1994. There were, however, a numberof attacks on, and threats against, individual priests openlysupportive of Aristide or opposed to the de facto authorities.The August murder of Father Vincent (see Section 1.a.) wasprobably tied to his actual and symbolic role in organizingcitizens rather than his religious affiliation. At the sametime, unidentified persons threatened Pere Samedi, a Ti Leglizpriest active in the slums of Jeremie, and many churchesthroughout the country bore anti-Aristide graffiti, as well asslogans directed against socially activist priests. In Aquin,gunmen fired upon the local Catholic church. A local armyofficer in Chardonnieres arrested and beat a priest who wasdistributing religious youth journals in early August, andarmed civilians attempted in July to attack a Belgian priestactive in the human rights community in Port-au-Prince. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThere are no legal restrictions on the movement of citizenswithin the country. The departure of boat people istechnically illegal, but the authorities rarely enforced thepertinent laws. Occasionally they took some token legal actionagainst organizers, and in a few instances they fired ondeparting boat people to deter them by intimidation. Membersof the military and police also attempted to intimidate personsapplying at U.S. refugee processing centers in Haiti byharassing and occasionally beating them. Individuals in themilitary and under the de facto government occasionallyharassed repatriated boat people in isolated incidents, but theauthorities did not pursue a policy of general repressionagainst them.The number of internally displaced persons increased due toeconomic, political, and security concerns. Historically,internal migration in Haiti has largely been from thecountryside to the city, but after the September 1991 coup manyHaitians reversed this flow, returning to their former abodes.This migration continued at the same time that many ruralfamilies also were moving into the capital and other cities inpursuit of economic opportunities. One estimate by local humanrights organizations places the number of internally displacedHaitians in 1994 at 300,000.Departures by sea to escape the country's economic andpolitical problems continued. During the first half of theyear, the United States continued its policy of returningHaitians interdicted on the high seas directly to Haiti underthe terms of the Alien Migrant Interdiction Operationagreement. Both the de facto government and the restoreddemocratic Government cooperated in implementing the terms ofthis agreement. The United States began offering the boatpeople the option of shipboard refugee hearings in May anddiscontinued involuntary repatriation completely in July,taking them to safe haven at U.S. naval facilities atGuantanamo, Cuba, instead. After the return of PresidentAristide, the United States repatriated Haitians from the safehaven. The Aristide Government also cooperated in therepatriations of Haitian citizens from other countries,including The Bahamas and Cuba.After commercial flights to and from Haiti ceased in July, thede facto government occasionally obstructed, but ultimately didnot prohibit, the departure of citizens across the land border.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe September 1991 military coup forcibly abridged the right ofcitizens to change their government. Coup leaders forcedPresident Aristide to flee the country, and most senior membersof his administration either went into hiding, fled thecountry, or took refuge in foreign embassies. The continuingadamant refusal of the military regime and its backers to allowthe people's will to be expressed was the root of mostpolitically motivated human rights violations. Voters electedmembers of Parliament and such local officials as mayors alongwith President Aristide at the end of 1990. The coup leaderspersecuted some local elected officials and ousted them fromoffice after the coup.Despite international diplomatic efforts and sanctions, amilitary triumvirate continued to control the security forcesand thus the country. Commander in Chief General Raoul Cedras,Chief of Staff General Philippe Biamby, and Metropolitan PoliceChief Michel Francois adamantly opposed the return of theconstitutionally elected President. Members of Parliamentremained in place and played a continuing role in politicalevents. In early 1994, many members of Parliament, as well asother politicians, worked together on a "parliamentary plan" toresolve the political crisis.After its failure, a group of renegade Senators, includingeight who had been elected in illegal elections on January 18,1993, seized control of the Senate, effectively prohibiting thelegitimate Senate president from exercising the functions ofhis office. The Chamber of Deputies was unable to achieve aquorum during the summer of 1994, preventing the passage of anylegislation. In May the illegal parallel Senate rubberstampedthe appointment of de facto President Emile Jonassaint and thenominations of his cabinet members, but all legal semblance ofa Parliament had disintegrated by September 12, the closingdate for the year's Chamber of Deputies session.President Aristide had appointed Robert Malval Prime Ministerin 1993. He resigned in December of that year but continued asacting Prime Minister until October. The military leadershipand the de facto authorities prevented him and his ministersfrom carrying out most of their functions throughout the firstthree quarters of 1994. Following the arrival of the MNF,President Aristide convoked the National Assembly in specialsession under terms of the Constitution to consider amnestylegislation for coup-related crimes, a bill creating a nationalcivil police force separate from the military, and otherlegislation. The Parliament passed both an amnesty bill andlegislation creating a new police force. With the end ofparliamentary and municipal mandates near, legislators,politicians, and the President reached a consensus in Decemberon a Provisional Electoral Council (CEP). By year's end, theCEP was drafting legislation necessary to carry out theelections, which are expected to take place in April or May1995.There are no legal impediments to women's participation inpolitics or government, but in practice the generally lowersocietal status of women limits their role in these fields.While there are only 3 women among the 79 members in theChamber of Deputies, there are also 3 women heading ministriesin the Aristide Cabinet, and 1 female Deputy Minister.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsAbout a dozen local human rights groups exist in Haiti, andmost grassroots organizations, whether geographically orpolitically based, track violations against their members. BySeptember only a handful of attorneys offered pro bono legalassistance to these groups, and all exercised caution as resultof threats to their safety. Prior to September 19, humanrights organization officials reported repeated threats. InJuly, for example, gun-wielding civilians attacked a Belgianpriest active in the Haitian religious community and the humanrights field, but the attackers fled when local residentschallenged them. Local human rights groups managed to operatefreely enough to gather data on reported violations, and tooffer humanitarian assistance (e.g., shelter, food, medicalcare) to those whom the authorities abused or persecuted.The ICM, a team of international human rights observers underjoint United Nations and Organization of American Statesauspices, returned to Haiti in January, after a 3-monthwithdrawal. The monitors, who numbered about 90, remaineduntil July 13, when the de facto government declared the ICM tobe in illegal status and ordered its expulsion. Until then,the military and the de facto civilian authorities largelytolerated the ICM's activities, although local officialsintermittently blocked ICM monitors from access to prisons.The monitors reported ongoing threats, however, fromparamilitary operatives and attaches. In March armed civiliansharassed a team of investigators in the central plateau town ofHinche while local military officers stood by without acting.In late April, a team in Borgne was the object of anorchestrated military demonstration, apparently with the activecomplicity of general staff officers from Port-au-Prince. Theinternational community generally recognized the ICM as both areliable investigatory body and a buffer, during its presence,against more egregious violations, at least on the part of theregime itself. The ICM resumed operation in October followingthe arrival of the MNF.Representatives of international human rights organizationsvisited Haiti from time to time. These groups also facedthreats and harassment, but their high profile permitted themto operate relatively freely. In May the Inter-AmericanCommission on Human Rights (IACHR) visited to gatherinformation on the human rights situation. The IACHR attemptedto return in August, but the de facto authorities refused togrant clearance for a charter flight to land. The IACHRfinally visited in October and noted the improvement in humanrights observance after arrival of the MNF. The ICRCestablished a permanent representative in Port-au-Prince andwas able to perform some prison monitoring, although the defacto government was slow in responding to requests to visitdetainees. Following the MNF's deployment, the ICRC continuedto monitor prison conditions at the National Penitentiary andat prisons outside Port-au-Prince.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe 1987 Constitution does not specifically prohibitdiscrimination on the grounds of race, sex, religion,disability, language, or social status. It does, however,provide for freedom of religion and guarantees equal workingconditions regardless of sex, beliefs, or marital status. Itspecifically states that handicapped persons shall have themeans to assure their autonomy, education, and independence. WomenAlthough women are often the breadwinners for rural and urbanpoor families, they do not enjoy the same economic and socialstatus as men. In some social strata, tradition limits women'sroles; peasant women, for example, remain largely in thetraditional occupations of farming, marketing, and domestictasks. Poorer families sometimes ration education money to payschool fees for male children only. Nonetheless, women haveoccupied prominent positions in both the public and privatesectors in recent years.Knowledgeable local authorities report that both criminal anddomestic violence and rape occur but are rarely reported orprosecuted. After the MNF's deployment, victims increasinglyreported criminal incidents, including rape. In November andDecember, victims reported one to two rapes per week inPort-au-Prince. Existing laws and penalties against thesecrimes would be adequate were they enforced. ChildrenRural families continued to send young children to serve asunpaid domestic labor for more affluent city dwellers. The useof 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 estimated109,000 restavek children as an example of slavery practiced inthe 20th century. Employers compel the children to work longhours, provide them with poor nourishment, little or noeducation, and frequently beat them or abuse them sexually.Port-au-Prince's large population of street children includesrunaway restaveks, as well as children orphaned or separatedfrom their families. The abysmal state of the economy onlyworsened the plight of such children, who are held in littleregard. Rumors of street children being targeted byparamilitary operatives were probably based on the generaldisregard for the well-being of such children. Local humanrights groups do not regard the plight of restavek children asa priority and do not report on abuses of children or activelyseek to improve their situation. The Government took nomeasures to protect or otherwise provide for the restaveks orthe street children. National/Racial/Ethnic MinoritiesSome 99 percent of Haitians are descendants, in whole or inpart, of African slaves who won their war of independence fromFrance in 1804. The remaining population is of European,Middle Eastern, North American, or Latin American origin.There are longstanding social and political animosities amongHaitians, often tied to ethnic/racial heritage or class; someof these animosities date back before Haiti's revolutionaryperiod.There are two official languages: Creole, which is spoken byvirtually all Haitians, and French, which is spoken by about 20percent of the population. The inability to read, write, andspeak French has long limited the political and economicopportunities available to the majority of the population.Many argue that the French-speaking elite have used languagerequirements as an additional barrier to the advancement of theCreole-speaking majority. People with DisabilitiesDespite the constitutional provision for means of autonomy forthe handicapped, there is no enacting legislation mandatingprovision of access for people with disabilities. There is noovert ill-treatment of people with disabilities, but, given thedesperate 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 AssociationThe Constitution and the Labor Code provide for the right ofassociation and provide workers, including those in the publicsector, the right to form and join unions without priorgovernment authorization. The law requires a union, which musthave a minimum of 10 members, to register with the Ministry ofSocial Affairs within 60 days of its establishment. Unionmembership, marginal before the 1991 coup and even more so now,is estimated at 1 percent of the total labor force. There arefive principal labor federations: the Autonomous Central ofHaitian Workers, the National Confederation of HaitianTeachers, the Federation of Unionized Workers, theConfederation of Haitian Workers, and the Independent GeneralOrganization of Haitian Workers. Each of these organizationsmaintains some fraternal relations with various internationallabor organizations.Given the effect of the international sanctions on the formalsector of the economy, and, with unemployment running as highas 80 percent, unions were almost irrelevant, except as aninstrument for keeping track of and offering limited assistanceto their members. During the period of de facto rule, themilitary continued to employ widespread repression and violenceagainst those who engaged in trade union activities. Manyunion leaders closed their offices and went into hiding in theaftermath of the 1991 coup. Armed civilians attacked a meetingof officials of one of the large unions in August 1994 and beatseveral of those present. Unions, as well as all other citizengroups or assemblies, could meet only with the express writtenpermission of the military. Since the return of PresidentAristide, labor unions, like other institutions of civilsociety, have been free to associate. In meetings with theGovernment and representatives of the international community,unions have sought to encourage investment and an increased jobmarket for their members.A tripartite commission of labor, management, and governmentbegan to revise the Labor Code in 1986 and concluded itsnegotiations in 1992. However, Parliament has yet to approvethe new Code. The revised Code recognizes the right to strikebut restricts the duration of certain types of strikes, as didthe previous code. It also stipulates that the Ministry ofSocial Affairs must recognize workers' right to strike in eachcase before a strike is legal. b. The Right to Organize and Bargain CollectivelyThe Labor Code protects trade union organizing activities andstipulates fines for those who interfere with this right.While the de facto authorities curtailed union activities, joblosses as a result of economic conditions had a far moredamaging impact on union activities. Prior to the 1991 coup,organized labor activity was generally concentrated in thePort-au-Prince area, primarily in a large private sugarrefinery, in the assembly sector, and in state enterprises, allthree of which suffered drastic job losses following the coup.Collective bargaining, which has never been widespread, wasnonexistent in 1994. Employers generally set wagesunilaterally. While Haiti has no export processing zones,prior to the trade embargo it did have a sizableexport-oriented assembly sector. The Labor Code does notdistinguish between industries producing for the local marketand those producing for export. Many assembly sector companieswere the focus of developmental efforts; they received greateroutside scrutiny and were consequently somewhat more generouswith benefits and wages. Employment in the export assemblysector, however, declined drastically from 1991 through 1994,resulting in a loss of an estimated 34,500 jobs. As theassembly sector contracted, unions that were particularlystrong in this sector declined accordingly. c. Prohibition of Forced or Compulsory LaborThe Labor Code prohibits forced or compulsory labor, but theGovernment rarely enforces these provisions. Childrencontinued to be subjected to forced domestic labor (see Section5). d. Minimum Age for Employment of ChildrenThe minimum employment age for minors in all sectors is 15years. Fierce adult competition for jobs ensures that childlabor is not a factor in the industrial sector. Children under15 commonly work at odd jobs in both rural and urban settingsto supplement family income. The Ministry of Social Affairs isresponsible for enforcement of child labor laws, but theInternational Labor Organization has criticized the enforcementas inadequate. e. Acceptable Conditions of WorkThe law establishes a minimum wage, and a few weeks before theSeptember 1991 coup, Parliament set a new minimum wage of about$1.85 (26 gourdes) per day for workers in the industrialsector. Although the minimum wage technically became lawbefore the coup, the Government never published the legislationin the official Gazette; nevertheless, companies in theassembly sector adopted it. Even if the private sector appliedthe revised minimum wage widely, it would not provide a workerand family with a decent living. The minimum wage law alsoapplies to agricultural workers, but the authorities do notenforce it. Thus the majority of wage earners, who work in theagricultural sector, must survive on considerably less than theminimum wage.The Labor Code governs individual employment; it sets thenormal workday at 8 hours and the workweek at 48 hours, with24 hours of rest on Sunday. It also establishes minimum healthand safety regulations. Employers in the industrial sector,which is concentrated in the Port-au-Prince area and moreaccessible to outside scrutiny, generally observe these laws inpractice. However, the Ministry of Social Affairs does notenforce them. It also does not enforce Labor Code provisionson health and safety. With more than 50 percent of thepopulation unemployed, workers are not able to exercise theright to remove themselves from dangerous work situationswithout jeopardy to continued employment.</text>
</content>
<name> </name>
<script></script>
</card>
card_30532.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: HAITI HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 HAITIHaiti underwent profound changes in 1994. An illegal militaryregime, which had assumed power after ousting President Jean-Bertrand Aristide in a 1991 coup, retained firm control of thecountry for the first 9 months. During this time, the level ofhuman rights abuses escalated. Meanwhile, the internationalcommunity was imposing additional pressures on Haiti--includinga near-total economic embargo--in response to the militaryleaders' failure to abide by their agreements with theinternational community in 1993 to step down from power.The human rights abuses during these 9 months of the de factoregime included political and extrajudicial killings by thesecurity forces and their allies; disappearances; andpolitically motivated rapes, beatings, and other mistreatmentof citizens, both in and out of prison. Although theConstitution places responsibility for public security and lawenforcement on the Haitian armed forces (Forces Armees d'Haiti,or FAd'H, which include the police), under the de facto regimethe FAd'H and its various affiliates completely disrupted therule of law and used their monopoly of power for financial gainas well as to subjugate and abuse the populace.Paramilitary personnel in civilian clothes, including "attaches"and provincial section chiefs (the latter were adjuncts to theFAd'H, authorized under military regulations), both assistedthe FAd'H and conducted much of the intimidation and violentrepression. Other supporters, including a group that hademerged in 1993 as the Revolutionary Front for Advancement andProgress of Haiti (FRAPH), allied themselves with FAd'Hleadership. FRAPH consolidated its position throughout thecountry in the first part of 1994, opening offices in mosttowns and villages, and infiltrating poorer neighborhoods.The human rights monitors of the United Nations/Organization ofAmerican States International Civilian Mission (ICM), whoreturned to Haiti in late January after having left in October1993, documented the ongoing state of repression and brought itto international attention. They were, however, themselvessubject to harassment and threats from the de facto authoritiesand their allies. After April, lack of security confined theICM largely to Port-au-Prince and other main cities. The defacto authorities expelled the ICM in early July 1994;afterwards, other human rights and local organizations reportedan increase in violations.On July 31, the United Nations Security Council (UNSC),"gravely concerned" by the "deterioration of the humanitariansituation in Haiti, in particular the continuing escalation ofthe illegal de facto regime of systematic violations of civilliberties," adopted Resolution 940, which called for theformation of a multinational coalition to use "all necessarymeans" to remove the illegal regime and return Haiti'slegitimate Government to power.On September 19, the U.S.-led Multinational Force (MNF)peacefully entered Haiti, 1 day after an accord worked out byformer President Jimmy Carter, former Chairman of the JointChiefs of Staff Colin Powell, and Senator Sam Nunn, whotraveled to Haiti and negotiated on behalf of the U.S.Government at the request of President Clinton. The accordrequired General Raoul Cedras and the military regime he headedto resign from power by October 15.Following its deployment, the MNF worked to establish a secureand stable environment, and it restored Haitian cabinetministers to their Ministries. Parliamentarians were able toreturn to their offices to work on urgent legislation,including an amnesty bill and a constitutionally mandated lawto create a national police force separate from the armedforces and under the supervision of the Ministry of Justice.Following the departure of General Cedras and other leaders ofthe de facto regime, President Aristide returned to Haiti onOctober 15, culminating the restoration to power of thelegitimate Government. The ICM monitors also returned duringthis time.Parliament adopted the amnesty legislation in early October andthe police bill in early November, as well as a law banningparamilitary forces. The Government worked with U.S. officialsto evaluate members of the FAd'H and create an interim publicsecurity force of 3,500, whose training included a human rightscomponent. This security force was deployed throughout thecountry by year's end, under the supervision of InternationalPolice Monitors (IPM's) from over 20 nations, and assisted bypolice trainees. The Government also developed plans for a newpolice academy to train between 3,000 and 4,000 new civilianpolice in 4-month intensive courses beginning in early 1995.In late December, the Government announced a reduction in FAd'Hpersonnel from 6,000 to 3,500.Yearend MNF reports stated that a secure and stable environmenthad been established and that political violence had beendrastically reduced. At the same time there was a noticeableincrease in crime, primarily around the capital. By the end of1994, the executive branch had promulgated the police law butnot the amnesty bill. The mandates of all members of theChamber of Deputies, two-thirds of the Senate, and mostmunicipal offices neared an end. All three branches agreed toselect members for a Provisional Electoral Council to conductmandated legislative and municipal elections early in 1995.Weakened first by years of government mismanagement and then byinternational sanctions after the 1991 coup, the economydeteriorated drastically in 1994, and the already difficultliving conditions of the general populace declined even more.While contraband gasoline continued to enter the country, itsprice soared, limiting citizens' ability to operate theirautomobiles. Fuel shortages also curtailed publictransportation, isolated far-flung towns, and reduced theavailability of electric power. On the return of PresidentAristide, however, the international community began to workwith the Government to rebuild Haiti's economy. Humanitarianassistance programs were expanded, and programs to provideaccess to medical care continued.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingIn the 5-month period until its expulsion by the de factoregime on July 13, the ICM recorded 340 cases of extrajudicialkillings and suspicious deaths. In the months following theICM's departure from Haiti, one coalition of local human rightsorganizations reported 41 extrajudicial killings for the monthof July alone. Local organizations reported that extrajudicialkillings continued at that rate in August and early September.Prior to September 19, military and police authorities,assisted by their civilian adjuncts, were responsible forseveral multiple killings and "security actions." In Februarypolice killed at least six young men who belonged to apolitical organization in a raid on a house in the Cite Soleilneighborhood of Port-au-Prince. Police sources asserted thedeaths resulted from a gang dispute. ICM monitors, however,found evidence of a well-planned police raid on the group. Atthe end of April, military authorities in Gonaives, who wereseeking a pro-Aristide activist, opened fire on a wide area ofbeach in the slum area of Raboteau, killing as many as 26persons. They asserted the action was in response to aterrorist attack on the police station, but there was noevidence of any such attack. Also in July, citizens discoveredthe shallow graves of 12 young men in Gressiers, near Leogane.The police asserted that the 12 were car thieves killed in agun battle, but local residents reported hearing no shotsnearby, and the police did not explain the unorthodox burial.In late June and July, the military commander in Les Cayesdepartment instituted a series of sweeps, allegedly seekingthose responsible for an attack on the military post in CampPerrin. At least five of the men the police arrested duringthese sweeps died in police custody, following reportedbeatings and torture.Attaches, FRAPH members, and armed urban bandits called"zenglendos" took advantage of the climate of impunity to carryout both political and criminal killings. Following the murderof a FRAPH member in late December 1993, unidentifiedterrorists set fires which engulfed several blocks in CiteSoleil, resulting in at least six deaths, many more missing,and hundreds left homeless. Witnesses gave evidence supportingFRAPH complicity. Armed civilians killed a group of four knownAristide supporters in a late May attack, also in Cite Soleil.In a high-profile incident, unknown persons shot and killedFather Jean-Marie Vincent, an associate of President Aristideand former activist priest, outside the chapter house of hisorder in Port-au-Prince on August 28. An ambulance and policeinvestigatory team arrived within minutes, before the killinghad even been reported. A week later, an unidentified gunmankilled a local attorney in a drive-by shooting, within sight ofpolice headquarters, allegedly because of his work on aprominent murder trial. The authorities, responding to intensepressure particularly on the Vincent murder (see Section 2.c.),claimed to have undertaken investigations but they made noserious effort and never announced any results.Through the first 9 months of 1994, residents continued todiscover the bodies of persons killed by gunshot or machete inthe streets of Port-au-Prince. Certain roads were particularlywell-known as drop-off sites for corpses, which sometimesremained there for several days until health authorities pickedthem up. Given the complete lack of police or judicialinvestigation, it is difficult to determine how many of thesewere politically motivated cases, as opposed to criminal, butthere is sufficient evidence to support the presumption that asignificant number were, in fact, political killings. FRAPHmembers or other armed civilians reportedly had seized some ofthese persons prior to the discovery of the remains. The defacto government not only took no action to curb politicalkillings but even accused the ICM and other human rights groupsof purchasing cadavers and leaving them in the streets todiscredit the military regime.Political violence was dramatically reduced in the weeks afterthe entry of the MNF on September 19. While politicallymotivated violence continued in isolated instances, it becameinfrequent by early November, although there was a noticeableincrease in common crime, particularly around the capital. Inone instance, armed civilians attacked peaceful pro-Aristidedemonstrators in Port-au-Prince with grenades on September 29,killing several people. A FRAPH attack against populistmarchers September 30 resulted in two dead. Anti-Aristideelements remained, particularly in remote areas, where theykilled and intimidated local inhabitants in several instances.Neighbors beat a well-known Haitian painter to death in earlyOctober; some human rights groups alleged that the assailantswere attaches. The death of the deputy mayor of the centralplateau town of Mirebalais, who was found beheaded in earlyNovember, may have been involved in a dispute with a localsection chief. In incidents in both Port-au-Prince and theprovinces, crowds beat--sometimes to death--individuals theynamed as attaches, members of FRAPH or, in two cases in thecentral plateau and northern provinces, members of the FAd'H.The MNF also documented attacks against members of the Haitianarmed forces and FRAPH adherents. Two opposition members ofParliament reported their houses were attacked during theweekend of President Aristide's return to Haiti, and mobs toredown police stations in several towns, including the capital.At the end of the year, the U.N. Secretary General reported tothe UNSC that "following the arrival of the MNF and thesubsequent disintegration of the FAd'H, the human rightssituation has improved. Politically motivated violence andhuman rights abuses have decreased, though individual actsstill occur sporadically and the ICM, for instance, hasinvestigated beatings of detainees by the FAd'H. It has alsoreceived reports of violent attacks by former section chiefs,attaches, or alleged FRAPH members. Since the killing of thesecond deputy mayor of Mirebalais on November 4, 1994, however,the ICM has not heard of any murder ascribed to the formermilitary or paramilitary forces." b. DisappearanceThe ICM reported 131 cases of disappearance or "seizures" fromJanuary through June, and human rights organizations continuedto report disappearances throughout the summer and until thearrival of the MNF. Historically, those who disappear in Haitieither are never found or are found dead. There is credibleevidence of FRAPH and attache participation in many of thesereported disappearances. Information gathered by the ICM andother human rights groups, as well as that uncovered in refugeecase investigations, indicates that both armed civilians andmilitary personnel in civilian clothing seized people and tookthem to private "jails" where these armed groups mistreated andsometimes killed their victims.There were no reports of disappearances after the entry of theMNF. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough the 1987 Constitution prohibits unnecessary force orrestraint, psychological pressure, or physical brutality, themilitary regime and the de facto authorities largely ignoredthese constitutional protections, and ill-treatment remainedwidespread until the entry of the MNF in September. The defacto authorities routinely employed brutal beatings with fistsand clubs, torture, and other cruel treatment on detainees.When the MNF inspected the prison in Les Cayes, it found 40detainees, some of whom had beating wounds on the buttockswhich went to the bone. The de facto authorities tolerated andcondoned widespread physical abuse of detainees, creating aclimate of impunity which resulted in some particularly viciousactivities. The authorities and their paramilitary adjunctsreputedly made use of the "djak", in which a victim is tied ina position which permits a more thorough beating by club, andof "kalot marasa," a torture technique in which the assailantclaps both hands over a victim's ears simultaneously, burstingthe eardrums. In the southwest town of Chardonnieres, thelocal corporal cut off the ear of an accused thief and carvedhis initials in his flesh. The authorities disciplinedhim--and then only nominally--only after he beat a priest whowas related to a senior officer.Paramilitary assailants (and reportedly military officers inmufti) increasingly used rape as an instrument ofintimidation. The ICM registered 52 cases of politicallymotivated rape from January through May, and reports continuedto be received after the ICM's expulsion. In some cases, thevictim herself had been involved in some political activity. Amore common pattern, however, was the use of rape or othersexual abuse as a means of intimidating a woman's politicallyactive male relatives and neighbors. In some instances,assailants reportedly abused girls as young as 12 or 13 yearsof age. The majority of such rapes occurred in the slums ofPort-au-Prince, although some cases were reported in theprovinces.Prisoners and detainees suffered from a lack of the most basichygiene facilities as well as from inadequate food and healthcare, including medical treatment for injuries received incustody. In most prisons, prisoners and detainees had to relyon family to bring food and medicine; there were many reliablereports, including in both Les Cayes and Leogane, of theauthorities denying families entry for that purpose. Theauthorities routinely violated the law by detaining childrentogether with adults. A nongovernmental organization (NGO)that had performed prison monitoring was unable to continue in1994, after threats and attacks forced its director into exilein late 1993. The International Committee of the Red Cross(ICRC) did, however, appoint a permanent representative inHaiti and was able to obtain permission for some monitoringfrom the de facto government. The ICM monitors were able onlyoccasionally to gain access to detainees, and not at all afterApril.After the MNF's deployment, the ICRC continued to monitorprison conditions with a full team of delegates. Although theMNF was able to make improvements, the military regime hadallowed the prisons to deteriorate so much that the AristideGovernment had not been able to develop a comprehensiverehabilitation plan by year's end. d. Arbitrary Arrest, Detention, or ExileArbitrary arrest and detention were a persistent human rightsproblem in Haiti since the 1991 coup. The ICM, in a last pressrelease before its July 1994 departure, simply listed thiscategory of violation at "several hundred."According to the Constitution, the authorities may arrest aperson only if they apprehend the suspect during the commissionof a crime, or if an authorized judge has issued a warrant.The authorities must bring the person before a judge within48 hours of arrest. In practice, however, soldiers andprovincial officials regularly used arbitrary arrest anddetention to intimidate the people and to extort money fromthem. The frequency of this practice makes it difficult todetermine the number of arrests on purely political grounds,but the two were often interrelated. Provincial section chiefsgenerally knew well the members of local grassrootsorganizations and reportedly detained them during times ofpolitical tension and released them upon payment of a bribe.Police also sometimes arrested family members of a wanted manand held them to force him out of hiding. For example, policearrested 17-year-old Balaguer Metayer in November 1993 whenthey sought his brother in connection with "terrorism" in theGonaives area. Despite strong international pressure and acourt order in Haiti, the police held the youth until August,when they abruptly released him. Most arbitrary arrest casespass unnoticed outside the victim's family. In some instances,international pressure succeeded in bringing about the releaseof some detainees, such as Aristide supporter Gardy Leblanc inMiragoane in August and an approved refugee applicant in thesouthern town of Chantal.The Constitution provides for the separation of the police fromthe armed forces. President Aristide sent legislation to theParliament to fulfill this provision by creating a new civilianpolice force under the supervision of the Ministry of Justice.After parliamentary approval, the Government promulgated thenew law on December 26.Following the restoration of the legitimate Government by theMultinational Force, the international community initiated aprogram to create an interim police force meetinginternationally recognized human rights standards to assumepublic security responsibilities and to select, train, anddeploy a new civilian police force. The program included fourelements: International Police Monitors (IPM's), an InterimPublic 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 rightsorganizations, the Aristide Government evaluated former FAd'Hpersonnel for human rights abuses and criminal activities. Thenearly 3,000 personnel selected comprise the IPSF. To augmentthe IPSF, a group of 964 police trainees from the migrants inthe U.S. safe haven in Guantanamo were selected and trained.Both the IPSF and the trainees--who assist them by performingroutine police functions such as managing traffic--receivedtraining that included strong human rights components.At year's end, the interim police had been deployed throughoutthe country, under the direct supervision of the over 1,000 lawenforcement personnel from some 20 nations who make up theIPM's. The IPM's are deployed to each of Haiti's districts inmentor the police and monitor their activities and preventviolations 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 policetraining facility to build a new, professional police forcerecruited openly and fairly from throughout Haiti. Theacademy, which was to open at the end of January 1995, wouldtrain an initial complement of 4,000 police in a series of4-month courses. These new police will replace IPSF personnelas they graduate.By the end of the year, the MNF, acting under the mandate ofUNSC Resolution 940 to use all necessary means to establish astable and secure environment, had detained approximately 30persons, until such time as they could be turned over to acompetent Haitian judicial authority for eventual dispositionas may be appropriate under Haitian law.The Constitution prohibits involuntary exile of citizens.While some have left the country voluntarily for personal orpolitical reasons, the Government did not make use of exile aspunishment. e. Denial of Fair Public TrialThe Constitution provides for an independent judiciary and theright to a fair public trial. However, this right is widelyand severely abridged, primarily because the judicial system ishighly inefficient and corrupt after years of governmentalneglect and popular contempt dating back to the Duvalier era.Political figures across the spectrum recognize that reform ofthe judicial system is critical; it is understaffed and itsmembers lack training and adequate compensation.The Constitution expressly denies police and judicialauthorities the right to interrogate persons charged with acrime unless the suspect has legal counsel present or waivesthis right. Nevertheless, interrogation without legal counselpresent is the norm, and the use of beatings and torture toextract confessions was widespread prior to deployment of theMNF. Governments since the Duvalier era have appointed andremoved judges at will and have exerted political influence atevery stage of the judicial process. Although the AristideGovernment has asserted it will select judges in accordancewith the Constitution, the Parliament has not yet adoptedlegislation establishing the mechanisms necessary for selectionof judicial personnel.The Code of Criminal Procedure fails to assign clearresponsibility to investigate crimes and divides authority toprosecute among police, prosecutors, and investigatingmagistrates. The Code stipulates two criminal court sessionsper year, each lasting 2 weeks, to try all major crimesrequiring a jury trial. Failure to reform the Code hasresulted in a huge backlog, with detainees sometimes waitingfor years in pretrial detention for a court date. For example,during the August session of the criminal assizes, the courtheard only eight cases. At the beginning of September, therewere 534 civil prisoners at the national penitentiary, of whomonly a fraction were serving sentences. The rest were accusedpersons held without bail. If ultimately tried and foundinnocent, the detainee has no recourse against the Governmentfor time already served.Although the Government began to plan reforms of the judicialsystem, at year's end the system remained highly inefficientand corrupt, and the Government had brought to justice fewperpetrators of human rights abuses. The Government didinitiate a system of "triage" in which three judges wouldreview the cases of persons for whom incarceration is no longerappropriate. In addition, working with U.S. officials, theGovernment began to select Ministry of Justice personnel toreceive training courses in basic administration of justiceissues.Although the Constitution includes the right to counsel, thereis no law that the Government must provide counsel in the eventthat the accused cannot afford it. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution provides that no house search or seizure ofpapers may take place except in accordance with the law.Correspondence is also defined as inviolable.Prior to September 19, soldiers and other armed personsfrequently entered private homes for illegal purposes inPort-au-Prince and the provinces. In August there was a rashof attacks on the homes of politicians, includingparliamentarians and the mayor of Petionville, the capital'smain suburb. Attaches and FRAPH members were involved in raidson homes, but victims also reported seeing soldiers personallyknown to them and dressed in civilian clothing among theirattackers. In addition, gangsters violently raided entireneighborhoods of Port-au-Prince, taking advantage of their tiesto police and the general climate of impunity to steal andrape. When the armed persons entered looking for a particularindividual, they frequently beat or otherwise harmed familymembers 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 politicaltension. The discovery of pro-Aristide posters or literatureduring a police search of a house or vehicle frequentlyresulted in physical abuse and illegal arrest. There werecredible reports that police and military also seized privatecorrespondence during such searches.After the arrival of the MNF and the restoration of thelegitimate Government, such abuses were dramatically reduced.</text>
</content>
<name>Haiti </name>
<script></script>
</card>
card_30372.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GUYANA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 GUYANAThe 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough 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 ExileThe 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe 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 ReligionThe 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 RepatriationThe 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 GovernmentVoters 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 RightsThe 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 StatusThe Constitution provides fundamental rights for all persons in Guyana regardless of race, sex, religion, or national origin. WomenIn 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. ChildrenAn 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 PeopleThe 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 legislationdating 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 MinoritiesLongstanding 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 DisabilitiesGuyana 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 AssociationThe 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 CollectivelyPublic 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 LaborThe Constitution prohibits forced or compulsory labor, and there is no indication that it occurs. d. Minimum Age for Employment of ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Guyana </name>
<script></script>
</card>
card_30183.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GUINEA-BISSAU HUMAN RIGHTS PRACTICES 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 GUINEA-BISSAUThe 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere were no known cases of disappearance. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialTraditional 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 CorrespondenceThe 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 PressThe 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 AssociationThe 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 ReligionThe 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 RepatriationThe 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 GovernmentFor 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 RightsThe 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 WomenDiscrimination 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. ChildrenAlthough 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 DisabilitiesThere 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 AssociationThe 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 CollectivelyThe 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 LaborForced or compulsory labor is illegal, and it is not known to exist. d. Minimum Age for Employment of ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Guinea-Bissau </name>
<script></script>
</card>
card_29927.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GUINEA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 GUINEAThe 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere were no reports of abductions or disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialThe 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 law.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 CorrespondenceThe 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 PressThe 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 officialnewspaper, 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 AssociationFreedom 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 ReligionThe 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 RepatriationThe 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 GovernmentAlthough 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 RightsLocal 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 StatusThe Constitution states that all persons are equal before the law, regardless of gender, race, ethnicity, language, beliefs, political opinions, philosophy, or creed. WomenAlthough 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. ChildrenThe 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 MinoritiesWhile 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 DisabilitiesThe 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 AssociationThe 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 CollectivelyUnder 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 LaborThe Labor Code specifically forbids forced or compulsory labor, and there is no evidence of its practice. d. Minimum Age for Employment of ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Guinea </name>
<script></script>
</card>
card_29675.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GUATEMALA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 1.a.). The Archbishop's human rights office reportedthat unknown assailants killed 5 unionists, injured 2, andthreatened 36, although it is not always clear whether suchviolence is union-related. Public sector union leaders, aswell as unionists in the high-profile in-bond export sector,reported receiving threats against themselves and theirfamilies. Such anonymous threats increased markedly early inthe year when one of the federations of government employeesheld a prolonged series of work stoppages for improved wagesand government compliance with previously negotiatedagreements. This dispute was peacefully settled throughnegotiations with various union representatives.On September 30, President De Leon Carpio eliminated--allegedlywithout following legally required procedures--the moribundCommittee of National Reconstruction (CNR), a government entityestablished to manage recovery from the 1976 earthquake. Manyof the 600 workers who lost their jobs occupied the Committee'sheadquarters in an attempt to force the Government to negotiateseverance pay or find them alternative employment. AgustinMonzon, a member of the CNR union, was allegedly kidnaped onNovember 7 and released only after the occupiers agreed toleave the site peacefully on November 18.Unions may and do form federations and confederations and joininternational organizations.An active "solidarity" movement claims approximately 100,000members in over 395 companies. Unions may legally continue tooperate in workplaces which have solidarity associations, andworkers have the right to choose between the two or belong toboth. The Government views these associations as civicorganizations which need not interfere with the functioning oftrade unions. The amended Labor Code stipulates very clearlythat trade unions have the exclusive right to bargaincollectively over work conditions on behalf of workers.Unionists charge, however, that solidarity associations arepromoted by management to avoid the formation of trade unionsor to rival existing labor unions. There are credible reportsthat some of these associations did not always adhere todemocratic principles in their formation and management andthat workers are unable to participate fully and freely indecision making. Similar credible charges are made againstsome trade union organizations.At the request of trade union leaders, the independent HumanRights Ombudsman, through his Office for Economic and SocialIssues, receives complaints related to trade union activities.Union leaders and workers filed a number of complaints with theOmbudsman during the year, and the Ombudsman has spoken out inpublic statements about labor conditions in varying sectors ofthe economy. The Ombudsman can investigate their complaintsand issue a statement. He has no enforcement powers but canattempt to ameliorate the situation through publicity and moralsuasion. b. The Right to Organize and Bargain CollectivelyWorkers have the right to organize and bargain collectively.However, the practice of collective bargaining is limited bythe weak structure of the union movement, the lack ofexperience with this practice, and the preference of managementin many cases to avoid formal ties with trade unions. Whileboth management and the unions honored some well-writtencollective contracts, in other instances, both parties openlyignored and violated contracts. Most workers, even thoseorganized by trade unions, do not have collective contracts tocover their wages and working conditions, but do haveindividual contracts as required by law. Most workers receivethe minimum wages established by bipartite commissions, whichoperate under the guidance of the Ministry of Labor.Employers cannot dismiss workers for participating in theformation of a trade union; workers file complaints in thisregard with the labor inspectors for resolution. The LaborCode provides for the right of employers to fire union workersfor cause, permits workers to appeal their dismissal to thelabor courts, and requires the reinstatement of any unionworker fired without cause. The revised Code prohibitsemployers from firing workers for union organizing and protectsthem for 60 days following the official publication of approvalof the union. It also prohibits employers from firing anymember of the executive committee of a union and protects themfor an additional 12 months after they are no longer on theexecutive committee. An employer may fire a member of theunion's executive committee for cause only after a trial andissuance of a court resolution.Labor courts responsible for enforcing labor laws continued tobe generally ineffective. Although two new labor courts beganto function, efforts to restructure and modernize the laborcourt system made little headway, in part because of tensionsbetween the executive and judicial branches stemming fromPresident De Leon's reform efforts. A heavy backlog of laborcases continues to clog the courts due to corruption,indolence, and lack of resources. There is only spottyenforcement of the Labor Code, due to the scarcity of laborinspectors, corruption, the lack of adequate training andresources, and structural weaknesses (or the lack of politicalwill) in the labor court system. Nonetheless, enforcement isimproving as new labor inspectors complete training and beginwork outside the capital, allowing the Ministry of Labor toincrease significantly its rate of inspections. The Ministryhas also increased the number of court cases filed for failureto comply with the Labor Code and has begun an educationalcampaign on worker rights, including providing some documentsin indigenous languages.Labor laws and regulations apply throughout the country,including in the few export processing zones (EPZ's). The lawsgoverning EPZ's are not discriminatory on the subject oforganizing trade unions or collective bargaining. While unionleaders often blame employer pressures and unofficiallyrestricted access to the EPZ's for their virtual inability toorganize workers in these zones, labor conditions in the EPZ'sare no different from those found outside the zones. c. Prohibition of Forced or Compulsory LaborThe Constitution bars forced or compulsory labor, and thepractice does not exist. However, human rights and indigenousgroups continue to charge that there is coerced participationin the PAC's that violates prohibitions against forced labor. d. Minimum Age for the Employment of ChildrenAlthough the Constitution bars employment of minors under theage of 14, children below this age are regularly employed.Laws governing the employment of minors are not effectivelyenforced, due to the shortage of qualified labor inspectors andstructural weaknesses in the labor court system. Only 5,000minors have permission from the Labor Ministry to worklegally. Thousands working without legal permission are opento exploitation, generally receiving no social benefits, nosocial insurance, no vacations, and no severance pay, and arepaid below the minimum wage level. The Labor Ministry has aprogram to educate minors, their parents, and employers on therights of minors in the labor market. Economic necessity,however, forces most families to have their children seek sometype of employment to supplement the family income. There areno export industries in which child labor is a significantfactor.The Constitution provides for compulsory education for allchildren up to the age of 12 or to the sixth grade. However,less than half the population actually receives a primaryeducation. Child labor is largely confined to small or familyenterprises, to agricultural work, and to the informal sectorsof the economy. e. Acceptable Conditions of WorkAlthough the law sets minimum wages, the legally mandatedminimum wage for most unskilled and semiskilled workers israrely paid to rural and urban workers. A bilateral committeerepresenting labor and management in specific economic sectorsis named each year to make recommendations for increases in theminimum wage. In the event that agreement is not possible, theGovernment may decree such increases. In June the NationalAssociation of Coffee Growers (ANACAFE) reached an agreementwith one trade union group representing coffee farm workerswhich increased the minimum wage for coffee farm workers byapproximately 30 percent to $2.55 (14.50 quetzals) a day. Theaccord also provides for both productivity training and bonuspayments and foresees talks on modernization of the criticalcoffee sector.Following the ANACAFE accord, the Government substantiallyincreased the minimum wage in the main sectors of the economyin October. The minimum wage for commercial and industrialworkers is $2.80 (16 quetzals) for an 8-hour workday, includinga required hourly bonus. The minimum wage for farm workers is$2.55 (14.50 quetzals) per day, plus mandatory and productivitybonuses. It has been estimated that an urban family of fourneeds at least $8.50 (48 quetzales) per day to live, thus theminimum wage does not provide a decent standard of living. Anestimated 70 percent of the population lives below the povertyline, including approximately 60 percent of those employed.The legal workday is 8 hours and the workweek is 44 hours, buta tradition of much longer hours remains in place due toeconomic conditions. The amended Labor Code requires a weeklypaid rest period of at least 24 hours. Trade union leaders andhuman rights groups charge that workers are sometimes forced towork overtime, often without premium pay, or given drugs tohelp them work longer in order to meet work requirements.Labor inspectors report that numerous instances were uncoveredof such abuses, but corruption and inefficiencies in the laborcourt system inhibit adequate enforcement of the law.Occupational health and safety standards are inadequate. Aswith other aspects of the labor law, enforcement of standardsthat do exist is also inadequate. Workers have the legal rightto remove themselves from dangerous workplace situations, andthe law provides them with protection for their continuedemployment. However, few workers are willing to jeopardizetheir jobs by complaining about unsafe working conditions.When serious or fatal industrial accidents do occur, theauthorities generally take no legal steps against thoseresponsible. The Labor Ministry provides training courses forlabor inspectors in health and safety standards but does notaccord them a high priority due to scarce resources. TheGovernment does not effectively enforce legislation requiringcompanies with more than 50 employees to provide on-sitemedical facilities for their workers, although many largeemployers do provide such facilities.</text>
</content>
<name> </name>
<script></script>
</card>
card_29311.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GUATEMALA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995On January 19, unknown persons purposely set fire to thejudicial records building in Santa Cruz De Quiche, which heldnumerous files regarding PAC abuses. Quiche Judge FranciscoPerez stated that just before the fire he received threats fromJoyabaj PAC members attempting to persuade him to release twoof its members charged with committing multiple crimes,including the deaths of numerous persons.Corruption continues to plague the proper functioning of thepolice force. On June 25, a live grenade was tossed at theresidence of anticorruption transit police chief Ernesto RuizSaenz De Tejada. Ruiz was not injured in this attack, but heresigned from the police force shortly afterward.There are no known political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution provides for the inviolability of home,correspondence, and private documents, but the authorities donot always respect these provisions. Elements of the securityforces continue to monitor private communications. Many humanrights monitors reported receiving threats in the form ofsurveillance, 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 chargedwith operating a mail espionage ring in the post office for thepresidential security staff under the Serrano administration,turned himself in to judicial authorities. The authorities arestill gathering evidence in this case.Through July, officials enforcing the military draft continuedto stop vehicles and enter homes and places of business withoutlegally required court orders. Prior to August, underrecruitment practices adopted in some departments, potentialdraftees receive three induction notices, after which they arearrested 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 alawsuit against Defense Minister Enriquez charging that thearmed forces' forced recruitment practices violatedconstitutional provisions regarding obligatory militaryservice. However, a court ruled the judicial branch did nothave jurisdiction over this matter because the Minister ofDefense had immunity from prosecution, which only Congresscould remove. It referred the immunity question to theCongress, which ruled that the case lacked legal merit, thuseffectively dismissing the entire lawsuit.Through July 30, the Archbishop's human rights office handled89 individual cases of forced recruitment. In the same period,the Human Rights Ombudsman's office reported receiving 663complaints of forced recruitment. The office obtained therelease of 268 persons from military service, of whom 79 wereminors. On June 29, Defense Minister General Enriquezannounced a 6-month moratorium on forced recruitment, which wasconfirmed by President De Leon during the June 30 Army Daycelebrations. However, the Ombudsman reported three separateinstances of forced conscription in July. On August 28, theDefense Ministry once again ordered a suspension of forcedrecruitment; since then, there were no further reports offorced recruitment. The army has continued the practice ofsetting up draft boards consisting of the zone militarycommander, the local representative of the Human RightsOmbudsman's office, and other civilian leaders.The Constitution requires that PAC service be voluntary.However, army officers, military commissioners, and PAC leadersoften pressure men in areas of conflict to become members.Nevertheless, PAC's do appear to enjoy some popular support; amajority of respondents in a recent academic survey conductedfor the Human Rights Ombudsman in seven departments claimed tobe pleased with the PAC membership and with the PAC presence intheir communities. However, some human rights monitors havecharged that PAC members may have felt intimidated by fellowPAC members and did not give completely candid answers.In June and July, CERJ filed a legal complaint on behalf offormer PAC member Juan Antonio Chumel with local judicialauthorities and the IACHR stating that since 1988, when Chumelleft the PAC's, PAC members threatened and intimidated Chumelto the extent that he was forced to leave his community forfear of his life. There are other credible reports that otherswho refused to serve in the PAC's suffered threats and otherabuses. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsGuatemala's armed internal conflict entered its 34th year andcontinued to be a major cause of human rights violations byboth government and guerrilla forces.Communities of People in Resistance (CPR), groups of displacedpersons who have lived in remote areas to avoid army controlsince the 1980's, claimed army harassment throughout the year,including late evening helicopter overflights and restrictionof commerce. Reflecting increased security in the valleys, inFebruary, a number of CPR's came down from the mountains andestablished permanent villages.According to statistics reported by the Archbishop's humanrights office, repeated URNG attacks against civilianinfrastructure targets damaged electrical and communicationfacilities and petroleum storage areas. The Church officereported two persons injured by exploding mines planted byguerrillas. On August 22, guerrillas fired indiscriminately ata civilian bus injuring 11 persons and killing 1 during anattack against army units in Chupol, Chichicastenango. Onvarious occasions guerrillas have also burned farms anddestroyed property of farm owners who refused to pay extortion.Terrorist bombings conducted by unknown perpetrators continuedthroughout the year. Before the January 30 nationalreferendum, 25 explosive devices detonated or were deactivatedin Guatemala City alone. Several of these devices wereaccompanied by URNG leaflets. Other bomb attacks were believedto be orchestrated by free-lancing rightist groups opposed tothe referendum. On March 6 and 7, bombs exploded at two keybridges leading from the capital. The army and the URNGaccused each other of planting the bombs. On September 1, twomore pamphlet bombs exploded in the capital, releasing URNGliterature. The home of a businessman and partial owner of thenewsweekly Cronica was bombed in June. (He is the brother offormer peace talks conciliator and current president of theCivil Society Assembly, Bishop Rodolfo Quezada.) On September22, three bombs went off in residential zones, killing onechild who was watching cars in exchange for tips. On severaloccasions death threat lists, including the names of humanrights 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 grantedfour recently captured URNG guerrillas. However, theseguerrillas were freed under a Penal Code provision, a moveconsidered legally controversial. It had been commongovernment practice to excuse post-1988 crimes committed byguerrillas even though the Amnesty Law only applies topolitical and related crimes committed before 1988. TheGovernment appealed this decision and is considering newamnesty legislation to cover crimes committed after 1988. TheURNG claims it holds no prisoners.The army continued to deny it has ever held guerrilla leaderEfrain "Everardo" Bamaca or 35 other URNG prisoners of war asclaimed by the American citizen wife of Bamaca. According toarmy spokespersons, Bamaca was killed in battle. TheGovernment denies holding prisoners clandestinely. TheGovernment also denies reports the U.S. Government receivedthat the army took Efrain Bamaca captive in March 1992. Thosereports indicated he had been wounded but that his injurieswere not life-threatening. The reports included no informationto indicate that he was alive much beyond the first few weeksafter his capture. The Guatemalan Government filed a writ ofhabeas corpus on Bamaca's behalf, and the Supreme Courtassigned the Human Rights Ombudsman to conduct a special 30-dayinvestigation into the disappearance. The Ombudsman developedno new leads and turned responsibility for the investigationback to the Attorney General. The United Nations VerificationMission, MINUGUA, is assisting in the investigation.In January the URNG and the Government resumed peace talks withthe United Nations serving as moderator. In late March, theGovernment and the guerrillas signed a human rights accord thatcalled for the immediate establishment of a U.N. human rightsverification mission. Although the start-up of thisinternational mission was delayed until September, the accordwas a major step forward. As part of its mandate, the U.N.team will seek to strengthen local institutions dealing withhuman rights. In November and December, MINUGUA accompaniedHuman Rights Ombudsman officials inspecting army bases,witnessing the turning in of rifles by PAC members and otherhuman rights-related activity. Also in March, the Governmentand the URNG agreed upon a calendar to address the majoroutstanding negotiating issues. In June the two sides signedaccords on "uprooted" peoples and the establishment of aHistorical Clarification Commission to catalog and analyzehuman rights abuses related to the guerrilla war. However, theCommission will not name past violators, and its findings willnot have judicial force. Following signing of this accord,talks fell into a temporary hiatus. They resumed in lateOctober to discuss indigenous rights. No agreement was reachedon this issue by the end of the year.MINUGUA reported that, on December 20, men identified by localresidents as military commissioners and their assistantsthreatened MINUGUA officers and human rights activists during ameeting in Tecpan, Chimaltenango. During the meeting, one ofthe armed men grabbed activist Eliseo Calel and beat him.Calel had been pressing authorities to investigate andprosecute those responsible for the August 1 death ofChimaltenango activist Pascual Serech and the August 20 murderof the judge handling the case, Elias Ogaldez. Ogaldez hadordered the arrest of a military commissioner alleged to havebeen involved in Serech's death.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of expression. There wasno evidence of harassment from senior government officials, butboth major press associations denounced incidents restrictingfreedom of the press. The media reported sensitive issues suchas corruption, as well as major human rights stories. Theyalso publicized communiques from the URNG, leftist groups, andothers opposed to the Government or its policies. Journalistsadmit, however, that pressure and fears of reprisal result inself-censorship and limits on investigative reporting. Forexample, there is no open criticism of the military nor isthere open discussion of important issues such as land use,land ownership, or similar topics that would affect theinterests of powerful economic groups and individuals. Reportson human rights and narcotic trafficking are carefully writtenand sourced so that neither journalists nor their institutionsare put at risk. Radio and television station owners observethat licensing procedures potentially give the governmentpowerful leverage over their editorial policies, but they havenot cited any instances in which the De Leon Governmentattempted to abuse this power.Continuing acts of political violence directed againstjournalists give credence to their complaints of pressure andcoercion at the working level. Through November theArchbishop's human rights office recorded 25 separate politicalacts against the media: 2 extrajudicial killings, 5 assaults,and 18 intimidating acts. On March 26, unknown men fired shotsat newspaper reporter Marco Tulio De la Roca, killing him andinjuring his companion. Unknown perpetrators targetedjournalist Hector Adolfo Barrera Ortiz, first by a bombexplosion outside his home and later by a kidnaping attemptwhile at work. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for the right of peaceful assemblyand association. Peaceful demonstrations were common anddemonstrators sometimes occupied government institutions,including the presidential palace, government ministries, andthe Supreme Court building. In all these cases, the policeacted with restraint, and the authorities negotiated a peacefuldeparture of demonstrators. The Government did not interferewith political associations, although the law nominallyrequires organizations to obtain legal status, a cumbersome andexpensive procedure. c. Freedom of ReligionThe Constitution provides for religious freedom, and theauthorities respect it in practice. Religious personnel aresometimes threatened on political grounds for their humanrights, indigenous rights, and land reform activities. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Government does not restrict foreign travel, nor does itrevoke citizenship for political reasons. The authorities didnot restrict movement inside the country except where the armyand PAC's limited travel in some areas of conflict. Guerrillascontinued to establish roadblocks to rob private citizens,extort protection payments from businessmen, attack and drainpetroleum 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 havereturned, despite the lack of suitable land which can supportthe returning population.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens have the right to change their government by peacefuland democratic means, through secret ballot and universalsuffrage for those 18 years of age and older. Members of thearmed forces and police may not vote. Since the return todemocracy and civilian rule in 1985, there have been seven freeelections. International observers concluded that both theJanuary 30 national referendum and the August 14 congressionalelections were free and fair.There are no legal impediments to women's participation inpolitics, but women are underrepresented in the politicalarena. However, women do hold prominent political positions,including three cabinet posts. The first President of thenewly elected Congress was a woman, and 5 other women holdseats in the 80-member body. There are also two female SupremeCourt justices and one female Constitutional Court justice.Indigenous people enjoy equal rights under the Constitution,and some have attained positions as army officers (includingone general), judges, and government officials, including aCabinet member and five members of the newly elected Congress.Nevertheless, limited educational opportunity and pervasivediscrimination (see Section 5) lead to their underrepresentationin politics.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government permits local human rights groups to operatefreely, but the security forces, PAC's, and extremist groupscontinued to threaten and use violence against their members.For example, on January 24 human rights monitor Amilcar Mendezreported that a masked motorcyclist tried to run over his16-year-old daughter, Miriam Rocio Mendez, who was en route tothe University of San Carlos. The daughter was uninjured.Five months later on June 29, the Mendez family reported therewere armed men outside his home. However, when the police weredispatched to the scene, the armed men had left. In August anunknown person called a Mendez relative in Guatemala Citystating that Mendez should not return to his home in Quichebecause he would be killed.Rosalina Tuyuc, director of CONAVIGUA, the National Council ofGuatemalan Widows, reported that during June and July armedsoldiers repeatedly were stationed outside her parents' home inChimaltenango. Throughout the year, the army has accused Tuyucand CONAVIGUA of being allied with the guerrillas. The armyalso charged that one of Tuyuc's brothers is a guerrillacommander 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 DeApoyo Mutuo", outside her home. No one was apprehended forthis 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 to90 days previously). When embassies and individuals protested,the Government decided to issue all foreign visitors 30-daystays.Relations between the executive branch and the Human RightsOmbudsman, who is congressionally appointed, remain tense. TheOmbudsman repeatedly accused President De Leon, the previoushuman rights ombudsman, of not taking action on the numerousresolutions his office has issued concerning human rights.However, the current Ombudsman has significantly reduced hisinvestigative staff, thus limiting his capacity to verifycomplaints. On September 7, the Ombudsman called for theresignation of the National Police director because ofallegations of police abuse in the La Exacta incident (seeSection 1.a.).High-ranking government officials working in the fields ofhuman rights and jurisprudence complained publicly andprivately of receiving threats stemming from their interest inresolving cases related to human rights violations, officialcorruption, and drug trafficking.Both the Ombudsman's office and the Archbishop's human rightsoffice continued to enjoy widespread public support andrespect. Senior government officials met numerous foreignofficials and human rights monitors. International humanrights monitors travel throughout the country but on occasionadvise local military authorities of their presence to ensuretheir safety, particularly in rural areas. Despite apersistent, 13-year effort, Peace Brigades International, aninternational human rights organization which accompaniespersons whose lives may be in danger for their politicalbeliefs or activities, has been unable to obtain governmentrecognition. The absence of legal status did not, however,prevent Peace Brigades or other human rights organizations fromoperating openly.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution states that all human beings are free andequal in dignity and rights and that the State must protect thelife, liberty, justice, security, peace, and development of allGuatemalans. WomenThe Constitution asserts the principle of equality between thesexes. Nonetheless, women face job discrimination and onaverage receive significantly lower pay than men. They areprimarily employed in low-wage jobs in the textile industry,agriculture, retail business, and the public sector. Moreworking women than men are employed in the informal sector ofthe economy, where pay and benefits are generally lower. A1989 survey reported that in Guatemala City women areunderrepresented in high-income categories and overrepresentedamong poorly paid workers.In some cases, domestic laws remain discriminatory againstwomen, such as the Penal Code's provisions on adultery. Onlywomen may be charged with adultery, while men fall under adifferent statute which is more limited, makes it moredifficult to prove, and carries a lesser penalty.CONAVIGUA reported that violence against women, includingdomestic violence, remains common but receives littleattention. 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, andrelatively few rape cases come to court. The human rightsOmbudsman's office reported receiving 30 complaints per monthof spousal abuse committed by the male spouse. ChildrenThe Constitution charges the Government with protecting thephysical health and mental and moral well-being of minors.However, the abuse of street children (see Section 1.c.) is aserious problem in major cities. Estimated numbers of streetchildren range between 1,500 and 5,000, with the majority ofthese youths concentrated in Guatemala City. These childrenare often recruited into thievery or prostitution rings. TheGovernment and a number of nongovernmental organizationsoperate youth centers, but the funds devoted to them areinadequate for the problem. An accord between Casa Alianza andthe Attorney General's office was not renewed because the DeLeon administration believes that the treatment of streetchildren is adequately addressed in existing laws.COPREDEH, the Presidential Human Rights Commission, has formeda special commission called the Permanent Commission forChildren, composed of Casa Alianza and representatives from thejudicial and executive branches, which met through October toaddress the problems of street children. Relations betweenCasa Alianza and the National Police have fluctuated and onlyimproved due to the repeated personal intervention of thepolice department's inspector general and the interest of thedepartment's minors division, office of professionalresponsibility, and human rights office. However, the policedepartment's office of criminal investigations has beenreluctant to release information on past alleged human rightsabuses committed by police officers. Indigenous PeopleThe Constitution states that Guatemala is composed of diverseethnic groups and calls on the Government to recognize,respect, and promote lifestyles, customs, traditions, socialorganization, and the manner of dress of indigenous people.Indigenous people comprise about one-half the population butremain largely outside the country's political, economic,social, and cultural mainstream. Indigenous people sufferedmost of the serious human rights abuses described throughoutthis report. Rural indigenous men were more likely than urbandwellers to be drafted by the army or forcibly recruited byeither the army or guerrilla groups. Although the Constitutionaccords indigenous people equal rights, in practice they haveonly minimal participation in decisions affecting their lands,culture, traditions, and allocation of natural resources.Rural indigenous people have limited educational opportunitiesand thus have limited employment opportunities. Manyindigenous people are illiterate and do not speak Spanish.Linguistic barriers hinder interaction with the Government andlimit access to public services, including the judiciary,because few officials speak any of the 21 indigenouslanguages. Indigenous persons arrested for crimes are often ata disadvantage due to their lack of Spanish. The publicdefender's office is charged with providing judicialtranslating services but is not sufficiently staffed to copewith the problem. Under the new Criminal Procedures Code, theGovernment is required to provide translating services to allwho need it in criminal proceedings. People with DisabilitiesThe Constitution provides that the State should protectdisabled persons. Nonetheless, physically disabled persons arediscriminated against in employment practices, and fewresources are devoted to combat this problem or otherwise toassist people with disabilities. There is no legislationmandating provision of accessibility for the disabled.Section 6 Worker Rights a. The Right of AssociationThe Constitution and the Labor Code provide workers completefreedom of association and the right to form and join tradeunions. Major reforms to the Labor Code in 1992 mandatedconcrete steps to improve worker rights by facilitating freedomof association, strengthening the rights of working women,increasing penalties for violations of labor laws, andenhancing the role of the Labor Ministry and labor courts inenforcing them. All workers have the right to form or joinunions, including public sector employees, with the exceptionof members of security forces. National Police officers haveunsuccessfully attempted to form a trade union or association.Between 5 and 8 percent of the work force is organized. The993 registered unions in the country are independent ofgovernment and political party domination.The Labor Code amendments simplified the process for unions toobtain legal status. This was further revised when theMinister of Labor made administrative changes to reduce thenumber of steps needed within the Ministry for consideration ofunion applications, establishing strict timetables and warningofficials that noncompliance with the timetable could lead todismissal of those responsible for the delay.These new regulations accelerated the approval procedure, andthe backlog of union applications was basically eliminated bymidyear. The Labor Ministry has granted legal status to 63unions since late 1993, and only 13 applications are stillpending. Of the registered unions, 834 are in the privatesector and 159 are in the public sector. The Labor Ministryinitiated 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 proceduresmake legal strikes cumbersome. Labor organizers criticize therequirement that two-thirds of the workers must approve a voteto strike, the prohibition of strikes by agricultural workersat harvest time, and the right of the Government to prohibitstrikes which it deems as seriously affecting the nationaleconomy. Those strikes that do occur, frequently in the publicsector, are generally called without legal authorization, andin practice the Government makes no effort to intervene on thebasis of illegality. Nonetheless, the lack of legal approvalfor a strike can be used as a threat against strikers. Publicsector workers held a series of work stoppages in early 1994and suffered no sanctions for their action. Indeed, theGovernment negotiated and reached a peaceful accommodation withthe public labor force.The law protects workers from retribution for forming andparticipating in trade union activities, but enforcement ofthese provisions varies. While an increasing number ofemployers accept unionization, many routinely seek tocircumvent Labor Code provisions in order to resist unionactivities, which many view as historically confrontational anddisruptive. An ineffective legal system and the inadequatelevel of penalties for violations has hindered enforcement ofthe 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) delayedfull implementation of the reforms.Trade union leaders and members were victims of a markedincrease in violence and abuse, such as threats, assassinationattempts, kidnapings, and physical harm. In one incident,police killed and wounded several persons while attempting toarrest workers who were illegally occupying a ranch (see</text>
</content>
<name> </name>
<script></script>
</card>
card_29092.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GUATEMALA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 GUATEMALAGuatemala's 1985 Constitution calls for election by universalsuffrage of a one-term President and a unicameral Congress. Italso mandates an independent judiciary and a Human RightsOmbudsman, who is elected by and reports to the Congress. OnJune 5, 1993, Congress elected then Human Rights OmbudsmanRamiro De Leon Carpio to finish the presidential term of JorgeSerrano, who had been constitutionally deposed from officefollowing his attempt to seize full power. President De Leonlaunched an anticorruption campaign that led to a politicalconfrontation with the legislature and Supreme Court, bothwidely seen as corrupt. This confrontation was finallyresolved with a January 30 referendum on constitutionalchanges, which led to new congressional elections in August andthe October replacement of the Supreme Court.The armed forces operate with considerable institutional andlegal 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 aresubject to trial in civilian courts. The 43,000-man army,which has responsibility for national security, has fought aleftist insurgency for more than three decades. The Ministerof Government oversees the National Police and the TreasuryPolice, which share responsibility for internal security withthe army. In March President De Leon appointed the then headof army intelligence as Vice Minister of Government, reversinga trend he began upon taking office of removing militarypersonnel from civilian law enforcement positions, but heremoved him at the end of the year. The Government announcedthe establishment of a civilian intelligence service, intendedto diminish presidential reliance on military intelligence.An estimated 430,000 men serve in civil self-defense committeescalled Civil Defense Patrols (PAC's), some of which conductcounterinsurgency patrols in rural areas. Although these areostensibly voluntary, the Human Rights Ombudsman and theCatholic Archbishop's human rights office reported that in someregions PAC members were compelled to join the patrols, inviolation of the Constitution. Security forces and especiallyPAC's and civilian military commissioners--who are theintermediaries between the PAC's and the armed forces--committed numerous serious human rights violations.The Government and the leftist Guatemala National RevolutionaryUnity (URNG) insurgents resumed peace talks in January andreached a human rights accord in March. Many human rightsmonitors criticized the Government for being lax in fulfillingits commitments under the March accord. The agreement, whichtook force immediately, led to the November introduction of aU.N. human rights verification mission into Guatemala. Atyear's end, peace negotiations were continuing.The agriculture-based, private sector-oriented economy wasprojected to grow by approximately 4 percent in real terms in1994, which would produce an increase in per capita income ofabout 1 percent. Inflation was expected to exceed 10 percent.There is a marked disparity in income distribution, and povertyis pervasive, particularly in the large indigenous community.Both government authorities and guerrilla groups committedserious human rights abuses during the year. While humanrights activists now have greater freedom to report, comment,and denounce abuses, statistics prepared by the Archbishop'shuman rights office, utilizing media reports and interviewswith victims, show a substantial increase in human rightsviolations, especially extrajudicial killings. The Ombudsman'soffice, which compiles data based on personal interviews withvictims and their families, noted that reports of human rightscomplaints increased from 1993. PAC's, military commissioners,members of the army, police, and guerrillas, as well asleftwing and rightwing extremist groups, all committed majorviolations, including extrajudicial killings, politicalkidnapings, death threats, and forced recruitment. Politicalkillings, for example, continued at an alarming rate, and theGovernment failed to investigate them adequately or to bringperpetrators to justice. Government forces and unknownperpetrators increased attacks on labor union leaders andmembers, involving killings, death threats, physical abuse, andother forms of mistreatment and harassment. Guerrilla abusesincluded kidnapings, the widespread use of mines and explosivesin civilian areas, forced recruitment of children, and reprisalattacks against persons who refused to pay extortion. Bothlegal and societal discrimination against women continued, asdid societal abuse of children and discrimination againstindigenous peoples.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingPolitically motivated killings continued and, due to the lackof political will and law enforcement resources, with fewexceptions the Government failed to investigate them fully orto detain or prosecute the perpetrators. Individual members ofthe security forces (military, PAC's, military commissioners,and the police), leftist guerrilla and rightwing extremistgroups were responsible for political and extrajudicialkillings. The Human Rights Ombudsman's office listed 287 casesof possible extrajudicial killings. The Archbishop's humanrights office reported 355 extrajudicial killings in 1994,compared with 248 in 1993 and 204 in 1992. The Church officelabeled 42 of the extrajudicial killings as definitelypolitical and 237 as presumed political. Neither human rightsoffice broke down the figures according to the organizationbelieved to be responsible, but both government security forcesand leftist guerrilla forces committed such offenses.PAC leaders and military commissioners are feared in many ruralcommunities. They enjoy army backing and, often, de factoimmunity from prosecution. The Archbishop's human rightsoffice reported that the executive branch failed to carry outarrest warrants against 24 military commissioners and PACmembers for their involvement in human rights crimes. With theexception of the arrest of a few PAC members accused ofinvolvement in the 1993 Jorge Carpio murder, the authoritiesrarely held PAC members accountable for their crimes.Despite being aware of the locations of various PAC memberswanted for involvement in the 1993 Colotenango killing of JuanChonay Pablo and the 1993 Quiche killing of Tomas LaresCipriano, the Government failed to carry out the majority ofthe arrest warrants. In the Juan Chonay Pablo killing, whichoccurred during an anti-PAC demonstration, the authoritiesissued 15 arrest warrants for PAC members but arrested only2 persons. They released one for insufficient evidence linkinghim to the crime; the Public Ministry requested the release ofthe other under personal bond. Three more persons turnedthemselves in, but the authorities released two of them forlack of evidence. At the end of the year, no one was in jailawaiting trial. In March the Inter-American Commission onHuman Rights (IACHR) requested that the Government takeprecautionary measures to protect witnesses and victims' familymembers. In July based on new evidence of continuingharassment of these individuals, the IACHR requested theInter-American Court of Human Rights to order the Government totake additional precautionary measures and to dissolve thelocal PAC. The Court accepted the request in November andordered the Government to take these additional measures, whichthe Government agreed to do. However, the Court did not agreeto order the Government to dissolve the PAC's.In the Lares Cipriano killing, the authorities charged six PACmembers with murdering him after he resigned from theirpatrol. The authorities arrested two persons, later releasedunder personal bonds, dismissed all charges against anotherperson who turned himself in, and did not carry out arrestwarrants against the remaining three persons.On May 31, a joint military-police operation arrested four SanPedro Jocopilas PAC members and military commissioners wantedfor alleged involvement in the July 1993 murder of newspaperpublisher and former presidential candidate Jorge Carpio.However, judicial authorities later released all four, citinginsufficient evidence tying them to the crime. The Carpiofamily appealed the release and criticized the Government forfailure to carry out the arrest warrants for six other PACmembers wanted in this case. On June 26, unknown perpetratorskilled a PAC member accused of having participated in thismatter. On September 7, three other PAC members and militarycommissioners wanted by the authorities turned themselves in.On October 12, the Quiche Department Police Chief, who hadordered the capture of four PAC members, was murdered.On December 5, attorneys presented their closing arguments inthe Jorge Carpio murder trial. Only one jailed defendant andtwo other defendants currently on bond were present for thehearing. Both sides will have an opportunity to present newevidence prior to the trial court's decision. Members ofCarpio's family have been threatened since his death. On June25, unknown armed persons rammed Karen Fischer de Carpio's car;when they determined she was not in the car, they left deaththreats against Fischer with her driver. Fischer subsequentlyleft Guatemala with her children for the United States whereshe remained for several weeks. After returning to Guatemala,Fischer met with the then Vice Minister of Government, amilitary officer and formerly the director of militaryintelligence, whom she later claimed had threatened her if herfamily did not desist from assertions that senior militaryofficers were behind the Carpio murder.The Archbishop's human rights office reported that armypersonnel or former PAC members killed retired army officerLieutenant Diaz on June 20. The killers, who apparently hadparticipated with Diaz in the 1981-82 Rabinal massacres,allegedly murdered Diaz to prevent him from publicly commentingor testifying on the massacres. The Church office assertedthat the deaths of two other Rabinal residents, a militarycommissioner and the son of the landowner where exhumationswere taking place, were orchestrated to send a message to theRabinal community to remain silent. There are credible reportsby the media and the Archbishop's human right's office that inJuly the army conducted house-to-house inspections andinterrogations in the community and told male residents in acommunity meeting not to participate in the exhumations. Whilenot admitting these events took place, the authoritiestransferred the senior officer who allegedly called the meeting.On April 1, Constitutional Court president Epaminondas GonzalezDubon was killed while returning from Holy Week religiousprocessions; the motive behind the crime remains undetermined.Initially, many believed that the murder was an intimidationattempt by those wishing to destabilize the De Leonadministration or a reprisal directed at the judge for hisanti-Serrano role in May 1993. On April 26, the Governmentannounced the arrest of 12 persons, members of an alleged cartheft ring, 4 of whom were said to have participated in theshooting. Only two remain in jail awaiting trial; theauthorities released the others due to insufficient evidence.On November 11, during a University of San Carlos studentdemonstration against an increase in national bus fares,student activist Mario Sanchez Lopez was killed after policepursued demonstrators onto the barricaded university grounds inresponse to student-made Molotov cocktails and shots fired fromthe interior of the university. According to the governmentautopsy, Lopez died of gunshot wounds from unknown assailants.However, credible eyewitnesses' reports and photographs alsodetail the police beating Lopez. These eyewitnesses alsoreported that nonstudents had provoked the confrontation withthe police. Soon afterward, the Prosecutor General called forthe courts to carry out arrest warrants for the police officerswho participated in the disturbance. However, the trial judgesent the case back to the prosecutor's office requesting moreinformation.Unknown persons have also targeted journalists for killing andacts of violence (see Section 2.a.).On August 24, police killed 2 persons and wounded 11 when theyused excessive force to dislodge striking workers from a ranchknown as "La Exacta" in Coatepeque. A third person allegedlydisappeared; his body was found some distance from the ranchthe following day. The workers had taken over the ranch in anattempt to pressure their supervisors to comply with a laborcourt order that the employers obey labor laws, pay workers theminimum wage and overtime, as well as grant vacation, sickleave, and other mandatory bonuses. Rather than comply, theowners reportedly fired approximately 79 employees. Afterinitially saying the police had acted in accordance with thelaw, President De Leon later expressed his regret for thetragedy, saying he had misspoken earlier based on preliminarypolice reports and that a full investigation would be made. OnSeptember 15, residents found the body of another peasant whohad participated in the strike. The Archbishop's human rightsoffice reported that this person was kidnaped and then killedin reprisal for his participation in the strike. Initially, 23police officers were brought before the court but were laterreleased pending investigation. To prevent possibleretaliation against the workers, the judge also ordered thatthe police stay away from the ranch.The Archbishop's human rights office said the URNG's "unitedfront" was responsible for the early September murder of armyreserve junior officer Amarildo Sanan Hernandez inChimaltenango. Guerrillas stopped Sanan, who was dressed incivilian clothes, at a roadblock, where he drew a revolver todefend himself. A guerrilla shot Sanan in the leg; he thenattempted to crawl away, but the guerrillas fired at him again,immobilizing him. As Sanan lay unable to move, the guerrillassearched him and discovered a military leave document,whereupon they struck him with fatal machete blows across theface and neck.There was some progress in certain past high-profile cases. OnFebruary 8, the Supreme Court confirmed the 25-year sentencegiven to former government security agent Noel De Jesus Betetafor the 1990 killing of Myrna Mack. The Court left legalproceedings open against the alleged intellectual authors ofthe crime, former senior military officers who appealed thedecision to the Constitutional Court. In December theConstitutional Court ruled in favor of Helen Mack, Myrna'ssister, that the case against the intellectual authors mayproceed. However, it failed to overrule a Supreme Courtdecision denying her request that it order the release ofexecutive branch documents concerning her sister's murder. Theexecutive branch maintained it did not have any files notalready in the hands of the court.On May 18, the court of appeals confirmed the 2-year suspendedsentence and $40 fine against the corporal whose absence frompost facilitated the May 1993 escape of Captain Hugo Contreras,who had just been convicted and sentenced to 20 years in prisonfor killing U.S. citizen Michael Devine in 1990. CaptainContreras remains a fugitive. On September 6, the SupremeCourt confirmed the 30-year sentence given the five enlistedmen convicted in the Devine murder. However, the Governmentnever brought to trial the senior officers believed to beinvolved in covering up the crime. Two relatives of witnesseswho testified at the Devine trial (one civilian and onesoldier) were killed; another (a soldier) was shot in the legunder suspicious circumstances. The dead soldier was foundwith his tongue cut out, hands mutilated, and a bullet wound inhis skull. Additionally, two other relatives have been targetsof intimidation.The Blake family, who in 1993 filed a petition with the IACHRaccusing the Government of institutional responsibility for andcoverup of the 1985 abduction and murder of U.S. citizensNicholas Blake and Griffith Davis by PAC members, continued topursue their case. In December 1993, a Blake relative met withPresident De Leon and sought unsuccessfully a settlement inlieu of petitioning the IACHR.On March 18 and August 22, the Constitutional Court dismissedappeals filed by 21 former "Hunapu" anticrime task force policeofficers over their lengthy (more than 20 years) prisonsentences, which had been previously confirmed by the SupremeCourt. The officers had been found guilty in the 1992 death ofuniversity student Julio Rigoberto Cu Quim and injury to sixother students. The case remains under Supreme Court review.The IACHR reported that, on September 11, a leading witness andsurvivor of the 1988 "white van" case, Oscar Vasquez, waskilled along with his son. In this case, which remains beforethe Commission, Treasury Police personnel are accused of havingkidnaped, tortured, and assassinated civilians in 1988. Duringa subsequent investigation, a judge involved in the case wasabducted and his assistant killed.There was no progress in resolving numerous other outstandingextrajudicial killings, including the 1989 disappearances andmurders of university students, the 1990 Hector OqueliColindres and Gilda Flores killings, the 1990 disappearance ofMaria Tiu Tojin and her daughter, the 1991 murder of policedetective Jose Luis Merida Escobar, the 1991 disappearance ofDiego Domingo Martin, the 1992 kidnaping, torture, and murderof Huehuetenango peasant Lucas Perez Tadeo, the 1993 shootingof street children Henry Yubani Alvarez and Francisco Tziac,the 1993 shooting of student protester Abner Abdiel HernandezOrellana, or past kidnapings and murders of various members ofthe Runujel Junam Council of Ethnic Communities (CERJ), arural-based human rights organization. The Government'sfrequent inability to deter, prosecute, or punish thoseresponsible for such offenses is a major impediment to humanrights progress. b. DisappearanceThe Archbishop's human rights office reported 41 forceddisappearances, as compared with 45 in 1993. It labeled 1disappearance definitely political and classified 32 aspresumed political. Victims included a human rights activist,union employees, private sector employees, entrepreneurs,farmers, a soldier, a policeman, and others. The Ombudsman'soffice received 60 complaints of forced disappearance. TheGovernment did not identify or prosecute the perpetrators ofany of these disappearances.Sister Dianna Ortiz returned to Guatemala in January and againin November to press authorities to take action on her 1989kidnaping and torture case. In January she accompaniedGuatemalan officials on judicial inspections of the Guardia DeHonor barracks and the old military academy. Ortiz identifiedthe latter as the place where she was sexually abused andtortured. Shortly after entering the facility, Ortiz wasovercome by emotion and unable to identify the specific site ofthe violations, which she says occurred in the basement of thefacility. However, the inspection team failed to discover anysubterranean levels. The army maintains none ever existed. Apreviously filed petition on this case remained pending beforethe IACHR at year's end.On January 12, Lorenzo Quiej Pu, a member of CONDEG, anorganization dedicated to helping Guatemalans who have beeninternally displaced due to the armed conflict, disappearedafter leaving his home. Members of CONDEG and Quiej familymembers reported that prior to the disappearance, they hadreceived threats stemming from the organization's occupation ofprivately owned land. The authorities charged no one with thisdisappearance.The whereabouts remain unknown of San Marcos PAC membersMargarito Lopez and Obdulio Zapeta, army enlisted man DiegoChel Matom, and farmers Ramona Munoz and Maritza Gil who wereallegedly kidnaped in 1993 by guerrillas. Reliable reportslink the guerrillas to various kidnapings for profit, includingthat of wealthy industrialist Fraterno Vila. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution provides for the integrity and security of theperson. However, as in past years, many bodies were foundthroughout the country bearing signs of severe disfigurement orpost mortem mutilation. The Human Rights Ombudsman's officelisted 18 potential cases of torture in 1994. The Archbishop'shuman rights office listed 17 cases of torture, compared with18 cases in 1993. In a typical case, unknown armed menkidnaped a law student in January after he left work, then beathim, 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 ofexcessive force by police at the time of arrest. Additionalreports indicated that, especially in rural areas, the URNGguerrillas, the army, civil defense patrols, militarycommissioners, and the police at times used excessive forceagainst the civilian population. CERJ reported that JuanOsorio Vasquez filed a legal complaint alleging that on July21, PAC members had accused him of being a guerrilla, kidnapedhim, tied a rope to his neck, hung him from a beam, and lefthim for dead. Family members later arrived and rescued Osorio.Some peasants in areas of conflict around Huehuetenango havealleged to the army that members of "Comite De UnidadCampesino," a farm workers' organization composed of indigenouspeople, have threatened them with death due to their allegianceto the army.Casa Alianza, an organization dedicated to assisting streetchildren, reported five instances in which National Policeabused street children between January and late December. OnMarch 3, Casa Alianza filed charges against four policeofficers accused of inducing street children to steal forthem. The police never formally charged the accused andinstead transferred them to another part of Guatemala City. OnJuly 14, the National Police referred a case of police abuseagainst a minor to the courts after concluding that fivepolicemen had abused their authority in the March 4 beating ofLuis Antonio Roldan Izeppi. Casa Alianza also filed chargesagainst the National Police for an August 15 incident in whichthree policemen sprayed paint thinner at the face of sleepingstreet child Luis Alfredo Bonilla Juarez. On December 11,three National Police officers chased six street children, whowere attempting to steal another street child's shoes, to CasaAlianza offices. The police caught up with four children atthe door step, beat them, and arrested one child. There werenumerous other reports of policemen illegally detaining streetchildren; the authorities rarely took action in any of theseincidents.Casa Alianza also reported that private security guardsroutinely abuse street children and that this abuse has led tothe death of seven children. While a number of cases ofnational and private police abuse remain pending, there havebeen no successful convictions. d. Arbitrary Arrest, Detention, or ExileDespite legal safeguards, there were frequent credible reportsof arbitrary arrest by the security forces, incommunicadodetention, and failure to adhere to the prescribed time limitsfor legal procedures. The law requires a court-issued arrestwarrant unless a person is caught in the act of committing acrime. Police may not detain a suspect for over 6 hourswithout bringing the case before a judge. The law provides forbail and access to lawyers. The authorities arrested 17,823persons in 1994; of those, 3,872 persons remain in jailawaiting trial, which represented 71 percent of the totalprison population.The security forces routinely ignore writs of habeas corpus incases of illegal detention. There are no reliable data on thenumber of arbitrary detentions. The Archbishop's human rightsoffice charged that prisoners are sometimes not released in atimely fashion after completing their sentences due to thefailure of judges to issue the necessary court order.The Constitution prohibits exile and it is not practiced. e. Denial of Fair Public TrialThe judicial system is ineffective and often unable to ensure afair trial. However, defendants have the right to be presentat trials and to legal representation. An appeals courtautomatically reviews convictions. The Constitution providesfor an independent judiciary composed of a ConstitutionalCourt, a Supreme Court, appeals courts, and several courts ofspecial jurisdiction, such as labor courts. The Supreme Courtappoints judges; the Congress appoints magistrates, orappellate court judges, from a list prepared by a selectioncommittee 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 areconducted. These include new provisions for a public defenderto provide legal counsel to the accused, especially importantin the new oral trial setting. The new Code also modified theMilitary Code of Justice to extend jurisdiction by civiliancourts over military personnel for offenses "not essentiallymilitary in nature." These reforms will be phased in once theGovernment drafts specific implementing rules or regulations.Prior to the Code's enactment, military courts retainedjurisdiction over military personnel, including militarycommissioners who commit crimes while on official business,thus limiting the ability of civil courts to prosecute personsunder military control in human rights abuse cases. PACmembers are civilians and are not under military jurisdiction.The following factors hampered the Code's implementation: Alack of funding for education, political differences betweenthe executive and judicial branches, intransigence by manymembers of the criminal bar, constitutional challenges, andinadequate preparation by law enforcement agencies. As ofearly December, only three oral trials had been conducted, asrequired under the new procedures. Meanwhile, the backlog ofcriminal cases continued to mount.Most human rights violations are not investigated; securityforce personnel are reluctant to investigate cases potentiallyinvolving colleagues. Police are very poorly paid, relativelyfew in number, and lack adequate resources and training.Judges are susceptible to intimidation and corruption andsuffer from low pay, bad working conditions, and low morale.Officials from the Archbishop's human rights office and theHuman Rights Ombudsman's offices, including the Ombudsmanhimself, have received threats.There were public accusations that the Supreme Court pressureslower court judges to decide cases in line with its wishes. In1993 the Constitutional Court ruled that the Supreme Courtpractice of arbitrarily transferring justices wasunconstitutional, thereby limiting one means of Supreme Courtinterference in lower court cases.Members of the judiciary also continued to receive threats inan attempt to influence decisions or as reprisals for pastdecisions. In February Judge Yolanda Perez received deaththreats after she appeared at a local army base with the localauxiliary ombudsman for human rights requesting to see aserviceman reported to be missing. Cotzumalguapa justice ofthe peace Carlos Humberto Dardon Reyes reported receiving deaththreats after he sent U.S. citizen Melissa Larson to theEscuintla department court house for her protection in March,after a mob wrongly accused her of transporting baby organs inher backpack. In July third district appellate court judge andjudicial reform activist Maria Eugenia Villasenor reported sheand other appellate magistrates had been harassed in attemptsto influence decisions in high profile cases. (The thirddistrict court had issued rulings in a variety of casesinvolving the security forces.) On August 29, a policemanassigned to protect Villasenor was kidnaped, interrogated, andassaulted. Following this incident, Villasenor left thecountry for a number of weeks.</text>
</content>
<name>Guatemala </name>
<script></script>
</card>
card_28887.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GRENADA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 GRENADAGrenada 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of politically motivated or other extrajudicial killings. b. DisappearanceThere were no reports of politically motivated disappearances or abductions. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileAccording 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe 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 ReligionThe Constitution provides for freedom of religion, and the Government respects this provision. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe 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 GovernmentThe 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 RightsLocal 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 StatusThe Constitution prohibits discrimination based upon race, place of origin, political opinions, color, creed, or sex, and the Government generally adheres to these provisions. WomenThere 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. ChildrenThe 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 DisabilitiesThe 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 AssociationAll 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 CollectivelyWorkers 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 LaborThe Constitution specifically prohibits forced labor, and there were no reports of it. d. Minimum Age for Employment of ChildrenThe 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 WorkLegislation 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.</text>
</content>
<name>Grenada </name>
<script></script>
</card>
card_28577.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GREECE HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationThe Constitution and subsequent legislation provide for theright of association. All workers, with the exception of themilitary and the police, have the right to form or join unions.Approximately 30 percent of Greek workers (nearly 1 millionpersons) were organized in unions in 1994. Unions receive mostof their funding from a Ministry of Labor organization, theWorkers' Hearth, which distributes mandatory contributions fromemployees and employers. Only the five most powerful publicsector unions have dues-withholding provisions in theircontracts, in addition to receiving Workers' Hearth subsidies.Following the recommendation of the International LaborOrganization (ILO), the Government in 1990 enacted a law endingits financial involvement in trade union affairs and thecollection of union dues. Strong union reaction, however, ledto new legislation in 1994 which allowed unions to continue toreceive Workers' Hearth funds.Over 4,000 unions are grouped into regional and sectoralfederations and two umbrella confederations, one for civilservants and one, the General Confederation of Greek Workers(GSEE), for private sector employees. Unions are highlypoliticized, and there are party-affiliated factions within thelabor confederations, but day-to-day operations are notcontrolled by political parties or the Government. There areno restrictions on who may serve as a union official. Unionsmaintain a variety of international affiliations and are freeto join international associations.Legislation passed in 1994 mandates a skeleton staff duringstrikes affecting public services, such as electricity,transportation, communications, and banking. During strikes inJune and July, skeleton staffs did not ensure that essentialservices continued uninterrupted; however, there were no legalrepercussions for the unions.Legal restrictions on strikes include a mandatory period ofnotice, which is 4 days for public utilities and 24 hours forthe private sector. Public utility companies, state-ownedbanks, the postal service, Olympic Airways, and the railroadsare also required to maintain a skeleton staff during strikes.The courts have the power to declare strikes illegal, althoughsuch decisions are seldom enforced. Unions complain, however,that this judicial power serves as a deterrent to some of theirmembership from participating in strikes. In 1994 the courtsdeclared a majority of strikes illegal for a variety ofreasons, but no striking workers were prosecuted. TheGovernment may also declare "civil mobilization" of workers inthe event of danger to national security, life, property, orthe social and economic life of the country. It threatened todo so when air traffic controllers staged a work slowdown inAugust-September. The ILO Committee of Experts has criticizedthis power as violating the standards of ILO Convention 29 onforced labor. The Government resorted to civil mobilization inDecember 1993 to resolve a bus owners' strike in opposition togovernment efforts to deprivatize the Athens bus system. b. The Right to Organize and Bargain CollectivelyLegislation passed in 1955 and amended in 1990 ensured theright to organize and bargain collectively in the privatesector and in public corporations. These rights were respectedin practice. There were no restrictions on collectivebargaining for private sector employees. The Union of CivilServants negotiates with the Office of the Minister to thePrime Minister.In 1993 the Government passed a decree setting limits to wageand salary increases for public enterprises employees. Acomplaint to the ILO by the General Confederation of GreekWorkers led the ILO Committee of Experts to request that theGovernment stop intervening in the collective bargainingprocess by setting maximum wage levels.In response to union complaints that most labor disputes endedin compulsory arbitration, legislative remedies were enacted in1989 providing for mediation procedures, with compulsoryarbitration as a last resort. The legislation establishing anational mediation, reconciliation, and arbitrationorganization went into effect in January 1992 and applies tothe public sector and public corporations (the military andcivil service excluded).Antiunion discrimination is prohibited. The Labor Inspectorateor the courts investigates complaints of discrimination againstunion members or organizers. Court rulings have mandated thereinstatement of improperly fired union organizers.Greece has no export processing zones. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits forced or compulsory labor, and theMinistry of Justice enforces this prohibition. d. Minimum Age for Employment of ChildrenThe minimum age for employment in the industrial sector is15 years, with higher limits for certain activities. Theminimum age is 12 in family businesses, theaters, and thecinema. These age limits are enforced by occasional LaborInspectorate spot checks and are generally respected. However,families engaged in agriculture, food service, or merchandisingoften have younger family members assisting them, at leastpart-time. Education is free and compulsory for all childrenthrough the ninth grade. e. Acceptable Conditions of WorkCollective bargaining between the GSEE and the Employers'Association determines a nationwide minimum wage. The Ministryof Labor routinely ratifies this minimum wage, which has theforce of law and applies to all Greek workers. The minimumwage ($21 daily and $463 monthly) was sufficient for a decentstandard of living for a worker and family.The maximum legal workweek is 40 hours in the private sectorand 37 1/2 hours in the public sector. A law that took effectin 1992 significantly extended legal operating hours for retailestablishments, provided that the average workweek did notexceed the legal maximum over a period of time. The lawprovides for at least one 24-hour rest period per week,mandates paid vacation of 1 month per year, and sets limits onovertime.Legislation provides for minimum standards of occupationalhealth and safety. Although the GSEE characterized health andsafety legislation as satisfactory, it charged thatenforcement, the responsibility of the Labor Inspectorate, wasinadequate. In 1992 the GSEE cited statistics indicating ahigh number of job-related accidents over the past twodecades. Inadequate inspection, failure to enforceregulations, outdated industrial plant and equipment, and poorsafety training of employees contributed to the accident rate.Workers did not have the legal right to remove themselves fromsituations they believed endangered their health. They didhave the right, however, to lodge a confidential complaint withthe Labor Inspectorate. Inspectors had the right to close downmachinery or a process for a period of up to 5 days if they sawsafety or health hazards which they believe represented animminent danger to the workers.</text>
</content>
<name> </name>
<script></script>
</card>
card_28233.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GREECE HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Several denominations report difficulties getting residencepermits for foreign members of their faiths who come to Greeceto perform missionary or charity work. Although such problemscontinued in 1994, these denominations reported overall betterrelations with immigration authorities and routine approval ofextensions of tourist visas for these persons for up to9 months.Mosques and other Muslim religious institutions operate freelyin western Thrace and in Rhodes, where most Greek citizens ofthe Muslim faith reside. Some Muslims claimed that Greek lawweakens the financial autonomy of the "Wakfs," community fundsused for maintaining mosques, schools, and for charitableworks, by placing the Wakfs under the administration ofappointed "muftis" (Islamic judges and religious leaders) andtheir representatives. Those who object to this system say itviolates the terms of the Treaty of Lausanne.In accordance with a 1990 presidential decree, the Stateappointed the two muftis in Greece, both resident in westernThrace, based on the recommendations of a committee of localMuslim scholars, religious authorities, and community leaders.The Government argued that it must appoint muftis because, inaddition to their religious duties, they perform judicialfunctions in many civil and domestic matters, for which theState pays them. The Muslim minority remains divided on themufti selection issue. Some Muslims accept the authority ofthe appointed muftis; others elect muftis to serve theircommunities.The Government denied entry to two Turkish theologians invitedto Thrace for Ramadan and in July refused to admit a delegationof six religious leaders from Turkey to enter Greece on thegrounds that they intended to engage in political, notreligious, activities. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution calls for freedom of movement within andoutside the country, and the right to return. However, Article19 of the Citizenship Code distinguishes between Greek citizenswho are ethnic Greeks and those who are not. Most Article 19cases 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 oftheir citizenship if it is determined that they left Greecewith the apparent intention not to return. However, immigrantswho are ethnic Greeks are normally recognized as Greek citizensand accorded full rights, despite years or even generations ofabsence from Greece.The Interior Ministry initiates proceedings under Article 19 onthe basis of reports by local authorities in Greece or by Greekembassies or consulates abroad. It holds hearings at which theaffected person is neither present nor notified of the hearing.Those who lose Greek citizenship as a result of such hearingssometimes learn of this loss only when they seek to reenterGreece. According to the Foreign Ministry, 42 persons lostGreek citizenship under Article 19 in 1994 as of October (downfrom 123 in 1993).Persons who lose their Greek citizenship under Article 19 havethe right of "administrative appeal" to the Interior Ministryand may also appeal to the Greek Council of State and to theCouncil of Europe. Leaders of the Turkish-origin Greekcommunity complain that the time and expense involved tends todiscourage such appeals. Three persons who lost Greekcitizenship in 1993 and three persons who lost citizenship in1994 have filed administrative appeals which are pending. Sixdecisions on appeals from previous years were taken in 1993:three denied and three upheld the appeals, according to theMinistry of Foreign Affairs.Another section of the Citizenship Code, Article 20, permitsthe Government to strip citizenship from those who "commit actscontrary to the interests of Greece for the benefit of aforeign state." While the law as written applies equally toall Greeks regardless of their ethnic background, according toactivists who support minority causes, it is exercisedprincipally against those who speak out against governmentpolicy on national issues, including at least three activistswho call themselves Macedonian.Some Greek citizens, particularly those of Slavic descent,credibly reported that they were subject to extensive searchesand questioning at the border when traveling between Greece andthe Former Yugoslav Republic of Macedonia.Greece maintains restricted military zones along its borders,including along its northern border with Bulgaria, an areawhere many Pomaks (Muslims who speak a Bulgarian dialect)reside. Since entry into the zone is strictly controlled, evenfor local inhabitants, some residents of the area complain thattheir freedom of movement is restricted. Foreign diplomats areallowed into the zone only under escort and with specialauthorization.Greece frequently offers temporary asylum, though rarelypermanent resettlement, to a growing number of refugees fromTurkey, Iraq, and Iran. Permanent resettlement in Greece isnot usually available for nonethnic Greek refugees. There are3,482 cases of asylum seekers in Greece with apparentlylegitimate claims to refugee status that are under review bythe Government in cooperation with the United Nations HighCommissioner for Refugees (UNHCR).In August and September, the Government rounded up and expelledover 50,000 illegal Albanian migrants from Greece. There werecredible allegations by Albanians and by international humanrights observers of abuse of some deportees, especially atborder crossings on the Greek-Albanian border. The roundupcoincided with sharply worsened relations between theGovernments of Greece and Albania, resulting from the trial offive ethnic Greek leaders in Tirana on treason and weaponscharges.Ethnic Greek immigrants, including those who came from theformer Soviet Union since 1986 and those rescued from the civilwar in Georgia, normally qualified promptly for citizenship andspecial assistance from the Government. The returnees havebeen settled initially on government-owned land in westernThrace, where government programs to get them to remain havemet 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 GovernmentGreece is a multiparty democracy in which the Constitutioncalls for full political rights for all citizens and for thepeaceful change of governments and of the Constitution.However, the Government limits the right of some individuals tospeak publicly and associate freely on the basis of theirself-proclaimed ethnic identity and thus impinges on thepolitical rights of such persons. It also combined votingdistricts in Thrace, making it impossible for ethnic Turks tobe elected there (see below). Additionally, Romarepresentatives report that local authorities sometimes depriveRoma of the right to vote by refusing to register them.Members of the unicameral 300-seat Parliament are elected tomaximum 4-year terms by secret ballot.The Government headed by Prime Minister Andreas Papandreou ofthe Panhellenic Socialist Movement (PASOK) won in free and fairelections in October 1993. Parliament elects the President fora 5-year term. Universal suffrage applies to those over age 18and enforced by fines and administrative penalties. Oppositionparties function freely and have broad access to the media.Under a 1990 electoral law, no candidate may be elected whoseparty does not receive 3 percent or more of the nationwidevote. This law also applies to independent candidates. As aresult, neither of Greece's former independent Muslim membersof Parliament, both of whom proclaim their Turkish ethnicidentity, was reelected to Parliament in 1993. In the Juneelection to the European Parliament, candidates identifyingthemselves as Macedonian running under the European-wide"Rainbow Coalition" banner received 5.5 percent of the vote inFlorina, a heavily Slavophone province in northern Greece, anda total of over 7,000 votes nationwide. The Supreme Courtinvalidated the list of Rainbow Coalition candidates but thenreversed its decision 2 weeks before the election. Rainbowcandidates had little time to campaign officially, and were notallowed to take part in government-sponsored television andradio programs which included all other candidates. Inaddition, some polling stations did not receive lists neededfor supporters to vote for Rainbow candidates. One of the sameactivists ran without incident for governor of Florinaprefecture in the local elections in October; he won 3.3percent 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 monthprior to the elections, Parliament passed legislation combiningelectoral districts in Athens and Thrace. The prefecture ofRodopi, about half of whose citizens are ethnic Turks orPomaks, was united with Evros, which is approximately 5-percentMuslim. Xanthi prefecture, which is approximately 40-percentethnic Turkish and Pomak, was united with two other prefectureswhich had virtually no Muslim population. Ethnic Turkscomplained correctly that the law as it was applied to Thracewas intended to eliminate any possibility that an ethnic Turkcould be elected governor of either of the prefectures.In June unknown persons fired shots at Anastassios Boulis, aMacedonian activist who was a candidate for the EuropeanParliament. Boulis charged that, although local police knewwho the perpetrators were, they never investigated. TheGovernment claimed a police investigation produced nocorroborating evidence or witnesses.Although there are no legal restrictions on the participationof women or minorities in government or politics, women'srepresentation at the higher levels of political life remainlow. The head of the Communist Party is a woman. Women holdno ministerial positions in the Government and only 3 of 26deputy ministerial positions. Eleven of the 300 members ofParliament are women. Women are underrepresented in theleadership of the two largest parties.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government allows domestic human rights organizations tooperate but may or may not cooperate with them. In principle,it respects the right of foreign diplomats to meet withofficials and other citizens, including critics of officialpolicy, though it is clear that the security services observecontacts of human rights monitors, including listening in onconversations held between those monitors and human rightsinvestigators and diplomats. The security services'surveillance of such meetings is often blatant, and some suchmeetings are treated tendentiously in the press. Monitors viewthis activity as a form of intimidation and say that it detersothers from meeting with investigators.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution provides for equality before the law and thefull protection of individual life, honor, and freedomirrespective of nationality, race, language, or religious orpolitical 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 andsometimes physically mistreating them. Homosexuals discoveredin the military service are dismissed for reasons of "mentalillness," and would-be draftees are exempted from compulsorymilitary service for the same reason. Declared homosexualsexempted from military service for that reason are ineligiblefor public sector jobs. WomenThere are broad constitutional and legal protections for women,including equal pay for equal work, but the General Secretariatfor Equality of the Sexes (GSES), an independent governmentagency, maintains that these laws are not consistentlyenforced, and as a consequence women generally receive lowersalaries than men for similar jobs. A GSES report states thatin 1993 average women's salaries in retail trade were 79.4percent of those of men in comparable positions.Although there are still relatively few women in seniorpositions, in recent years women have entered traditionallymale-dominated occupations in large numbers.The incidence of reported physical violence against women islow; however, the GSES asserts that police tend to discouragewomen from pursuing domestic violence charges and insteadundertake reconciliation efforts, though they are neitherqualified for nor charged with this task. The GSES also claimsthat the courts are lenient when dealing with domestic violencecases; it hopes that attitude will change as more women enterthe judiciary.As a result of pressure from women's groups, a center forbattered women was established in Athens in 1988, and aresidential facility for battered women and their childrenopened in 1993. These centers provide legal advice,psychological counseling, information on social services, andtemporary residence for battered women and their children.They received approximately 250 women in 1994.The Government lists progress on women's issues as a highpriority and established a new position of Deputy Minister forWomen's Affairs in the Office of the Prime Minister. ThisOffice and the GSES coordinate efforts to remove barriers. ChildrenLegislation enacted in 1992 prohibits and provides penaltiesfor all forms of maltreatment of children perpetrated byparents or others. The State provides preventive and treatmentprograms for abused children and for children deprived of theirfamily environment, seeking to ensure that alternative familycare or institutional placement is made available to them.However, children's rights advocacy groups claim that protectionof high-risk children in state residential care centers isinadequate and of low quality. They cite lack of coordinationbetween welfare services and the courts, inadequate funding ofthe welfare system, and poor manning of residential carecenters as systemic weaknesses in child abuse prevention andtreatment efforts. Societal abuse of children in the form ofprostitution, pornography, and child labor is rare in Greece.In recent years, Greece has experienced a dramatic rise in thepopulation of street children, mainly from Albania, whopanhandle or peddle at city intersections on behalf of adultfamily members or for organized crime. Police occasionallytake these children into custody and bring them to state orcharitable institutions which care for wayward children.Parents can reclaim their children from these institutions, butrisk deportation if they are illegal immigrants. The number ofAlbanian street children has been greatly diminished since theexpulsion of illegal Albanians in August-September 1994. Romachildren 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 theselling of Greek babies to childless couples are reported.Usage of public health facilities by Roma is low because of thelow rate of integration of Roma communities within Greeksociety and social security systems. Ninety percent of Romaare not insured by any of the government social securitysystems because they are self-employed or work in off-the-booksjobs that do not make contributions to the social securitysystem. The fact that health facilities are not located closeto the camps in which the Roma live also contributes to theirlow rate of access. National/Racial/Ethnic MinoritiesThere are communities in Greece which identify themselves asTurks, Pomaks, Vlachs, Roma, and Macedonians. Many are fullyintegrated into Greek society. The only minority Greeceformally recognizes is a "Muslim minority," which is referredto in the 1923 Treaty of Lausanne. The Government insists onthe use of this rubric to refer to several different ethniccommunities, most of which adhere to the Muslim faith. TheMuslim minority is comprised primarily of ethnic Turks orTurkish speakers in western Thrace, which the Governmentestimates at roughly 120,000 persons. In addition to people ofTurkish origin, it includes Pomaks (Muslims who speak alanguage akin to Bulgarian) and Roma. Many Greek Muslims,including Pomaks, identify themselves as Turks and say that theMuslim minority as a whole has a Turkish cultural consciousness.The use of the word "tourkos" ("Turk") is prohibited in titlesof organizations, though individuals may legally callthemselves "tourkos." To most Greeks, the word "tourkos"connotes Turkish identity or loyalties, and many object to itsuse by Greek citizens of Turkish origin. Use of a similaradjective, "tourkoyennis" (of Turkish descent/affiliation/ethnicity), however, is allowed (see also Section 2.b.).Northern Greece is home to an indeterminate number (estimatesrange from under 10,000 to 50,000 or more) of Greek citizenswho are descended from Slavs or Slavophones. Some still speaka Slavic dialect, particularly in the Florina district. Asmall number of them consider themselves to be members of adistinct ethnic group which they identify as Macedonian andassert their right to minority status. The Governmentcontinues to harass and intimidate some of these people,including putting one person on trial for asserting theexistence of a Macedonian minority (see Section 2.a.), denyingtheir right to association (see Section 2.b.), monitoringactivists' meetings with human rights investigators (seeSection 2.d.), and accusing activists publicly of being agentsof a foreign government. These activists say that, as aresult, some Greeks who consider themselves Macedonian do notdeclare themselves openly for fear of losing their jobs orother sanctions.A 1994 report by Human Rights Watch/Helsinki entitled "DenyingEthnic Identity--the Macedonians of Greece" charged, interalia, that an ethnic Macedonian minority with its own languageand culture exists in northern Greece and that the GreekGovernment's denial of that minority is in violation ofinternational human rights laws and agreements. They alsostate that the Greek Government discriminates against thisminority in violation of international law or agreements towhich it is a party. In responding to these charges, theGovernment says that it recognizes, under the Copenhagen CSCEdocument, the right of people to identify themselves as membersof ethnic minorities. However, it states that such self-identification does not require government recognition of sucha minority or entitle its members to any privileges under CSCEor other instruments. As noted , however, the Governmentcontinues to deny the rights of free speech and association tosome who have tried peacefully to assert what they consider tobe their minority rights.Government officials and Greek courts deny requests byindividuals and groups to identify themselves using the ancientterm Macedonian, since some 2.2 million ethnic (andlinguistically) Greek citizens already use the term to identifythemselves. The Greek Government does not define the dialectspoken by some thousands of northern Greeks as Macedonian, andgovernment officials deny that it is a language at all. Theofficials also noted that Greece regulates the establishment ofall commercial language academies, and questioned whetheradvocates of "Macedonian" language schools meet the relevantrequirements. They added that the Government would notinterfere with the holding of informal language classes withinthe Slavophone community.The Secretariat for Adult Education (a government agency) in1994 revised upward its estimate of the number of Roma inGreece to approximately 300,000. Almost half of the Romapopulation is permanently settled, mainly in the Athens area.The other half is mobile, working mainly as agriculturalworkers, peddlers, and musicians throughout the country.Government policy is to encourage assimilation of Roma.Poverty, illiteracy, and social prejudice continue to plaguelarge parts of the Roma population. The Secretariat for AdultEducation conducted education programs targeting the Romapopulation, including the use of mobile schools. Some 1,200Roma children attended the mobile school program during thelast school year.The rate of employment of Muslims in the public sector and instate-owned industries and corporations is much lower than theMuslim percentage of the population. In Xanthi, where Muslimshold seats on the town council, there are no Muslims among theapproximately 130 regular employees of the prefecture. EthnicTurks and other Muslims in Thrace claim they are hired only forlower level, part-time work. The Government says lack offluency in written and spoken Greek and the need for universitydegrees for high-level positions limits the number of Muslimseligible for government jobs.Public offices in Thrace do their business in Greek; the courtsprovided interpreters as needed. In the Komotini district inThrace, where many ethnic Turks live, the office of the districtgovernor ("nomarch") has Turkish-language interpretersavailable.While discriminatory treatment against Muslims regardinglicenses to operate a business, own a tractor, or constructproperty diminished greatly in recent years, basic servicesprovided to Muslim-populated neighborhoods and villages(electricity, telephones, paved roads) in many cases continueto lag far behind those provided to non-Muslim neighborhoods.The Treaty of Lausanne provides that the Muslim minority hasthe right to Turkish-language education, with a reciprocalentitlement for the Greek minority in Istanbul. Western Thracehas both Koranic and secular Turkish-language schools.Government disputes with Turkey over teachers and textbookscaused these secular schools serious problems in obtainingsufficient numbers and quality of faculty and teachingmaterials. Over 9,000 Muslim children attendedTurkish-language primary schools. Around 650 attendedTurkish-language secondary schools, and approximately 1,000attended Greek-language secondary schools. Many Muslimsreportedly went to high school in Turkey due to the limitednumber of places in the Turkish-language secondary schools,which are assigned by lottery. In 1994 no Greek Muslimssucceeded in passing the entrance examinations to attend aGreek university.Ethnic Turks found it difficult to obtain permission to bringin teachers from Turkey or to hire Turkish-speaking teacherslocally, particularly for the secular Turkish-language middleschools in Xanthi and Komotini. Under a 1952 educationalprotocol, Greece and Turkey may annually exchange 35 teacherson a reciprocal basis. Each group serves in Istanbul andwestern Thrace, respectively, but in recent years the Greekside limited the exchanges to 16 teachers per country due tothe dwindling needs of the small and aging Greek population inTurkey. According to the Government, during the 1993-94 schoolyear, Greece and Turkey did not exchange any teachers due to anongoing dispute over reductions of Greek instruction for Greekstudents in Turkey, and the nonissuance of diplomas to someGreek students there. The teacher exchange was, however,effected during the 1994-95 school year; 16 teachers wereexchanged by each country on November 1, 1994.During the January 1994 visit of a group of Turkishparliamentarians to western Thrace, a group of Christianextremists hurled stones at the bus in which the delegation wastraveling. There were no injuries, and no arrests were made. Religious MinoritiesSeveral religious denominations, including the Roman CatholicChurch, reported difficulties in dealing with Greek authoritieson a variety of administrative matters. Privileges and legalprerogatives granted the Greek Orthodox Church were notroutinely extended to other recognized religions. Rather, thenon-Orthodox must make separate and lengthy applications togovernment authorities on such matters as arrangingappointments to meet with Ministry of Education and Religionofficials and gaining permission to move places of worship tolarger quarters.Leaders of various non-Orthodox religious groups assert thattheir members face discrimination in reaching the senior ranksin government service; furthermore, it appears that only thoseof the Orthodox faith can become officers in the Greekmilitary. They allege that to avoid this restriction somemembers of their faiths resort to declaring themselvesOrthodox. Senior government officials, when questioned aboutsuch allegations of discrimination, deny that it exists andpoint out certain persons not of the Orthodox faith who havesuccessful careers in government service. There appear to beno statistics to support either side.Teachers who are Jehovah's Witnesses have faced difficulties ingaining or keeping employment in recent years in public orprivate schools. As a result of such difficulties, sixJehovah's Witnesses have appeals on employment discriminationpending with the Council of State, some dating back as far as1989.Greek law requires that Greek citizens declare their religionon their bilingual identity cards that, if and when issued,would allow Greeks to travel freely within the EU instead ofusing passports. The law has caused particular concern amongthe Catholic and Jewish religious communities in Greece andabroad and has drawn strong criticism from the EuropeanParliament. The Government declined in 1994 to act either tochange the law mandating the declaration of religion on thecards or to issue the new EU cards. Instead, the old Greekidentity cards, which normally list religion but which allowthe bearer the option not to do so, are still being issued.Leaders of the Jewish community in Greece have lobbied theGovernment for several years to change five anti-Semiticreferences in Greek public school textbooks. In 1994 theMinistry of Education deleted two of the five passages.The Government allowed Turkish Prime Minister Ciller'scounselor Mustafa Kahramanyol to visit Thrace in early June,but denied a visa to the Turkish Director General of ReligiousAffairs, who wanted to visit a few weeks later. People with DisabilitiesLegislation mandates the hiring of disabled persons in publicand private enterprises employing more than 50 persons.However, the law is poorly enforced, particularly in theprivate sector. The law states that disabled persons shouldcomprise 3 percent of staff in private enterprises. In thecivil service, 5 percent of administrative staff and 80 percentof telephone operator positions are reserved for disabledpersons. Persons with disabilities have been appointed toimportant positions in the civil service, including secretarygeneral of the Ministry of Welfare.The Construction Code mandates physical access for disabledpersons to private and public buildings, but again the law ispoorly enforced. In the past 2 years, ramps and special curbsfor the disabled have been constructed on Athens streets and atpublic buildings, and sound signals have been installed at somecity street crossings. In 1993 the Government startedreplacing old city buses with new ones with stairs speciallydesigned for the disabled; the accessible buses numbered 500 in1994. The new Athens subway lines under construction willprovide full access for the disabled.</text>
</content>
<name> </name>
<script></script>
</card>
card_27965.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GREECE HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 GREECEGreece is a constitutional republic and multipartyparliamentary democracy. In 1993 parliamentary elections, thePanhellenic Socialist Movement (PASOK) won a comfortablemajority, and its leader, Andreas Papandreou, became PrimeMinister. The defeated New Democracy Party assumed the role ofthe main opposition.Police and security services are subject to a broad variety oflegal and constitutional restraints. The Greek Parliament, avigorous free press, the judiciary, committees and deputies ofthe European Parliament, and Greek and international humanrights organizations monitor their activities. Theseinstitutions and groups brought to light cases of improperactivities and pressed the Government to halt such activities.Nevertheless, credible reports indicated that police continuedto mistreat suspects during interrogation in some drug andother criminal investigations.Greece has a mixed capitalist economy in which theentrepreneurial system is overlaid by a large public sectorwhich accounts for about 60 percent of gross domestic product.Low growth, a high inflation rate, a large budget deficit, anda 10-percent unemployment rate characterize the economy. Topromote further economic development, Greece relies heavily onthe European Union (EU) for subsidies and loans.The Constitution provides for, and, with some exceptions in thecases of ethnic Turks and individuals who identify themselvesas Macedonians, the authorities generally respect, fundamentalhuman rights. There continued to be credible reports thatGreek police and military personnel abused Albanian illegalaliens. Albanian authorities formally protested the mid-August-November roundup and expulsion of over 115,000 illegalAlbanian migrants from Greece, which they claimed resulted inthe deaths of 6 to 8 persons. The Government continued to useArticle 19 of the Citizenship Code to revoke the citizenship ofGreek citizens who are not ethnically Greek, despite publicassurances by senior government officials in 1991 that it wouldrepeal Article 19.Government officials harassed and placed under surveillanceinternational and domestic human rights monitors. In May thecourts accepted a lawsuit initiated by a private citizen andjoined by the Public Prosecutor against Christos Sideropoulosunder Article 191 of the Criminal Code for statementsSideropoulos allegedly made at a Conference on Security andCooperation in Europe (CSCE) press conference in Copenhagen in1990. The trial was postponed in October for 1 year becausethe plaintiff, a lawyer from Piraeus, failed to show up on theappointed date.The Government recognizes only one minority, the Muslimminority referred to in the 1923 Treaty of Lausanne, andrefuses to acknowledge the existence of any other national(i.e., non-Greek) minority. It does not deny the existence ofGreeks of Turkish, Pomak, Vlach, Arvenite, or Roma ethnicbackground, or of various linguistic or religious communities.The Government denies, however, members of the Slavophonecommunity the right to declare themselves a Macedonian minority(see Section 2.b.).Responding to a Council of Europe (COE) team of internationalmonitors which issued a report on its visits to police stations,prisons, and psychiatric hospitals, the Government tookcorrective action to relieve severe overcrowding and harshliving conditions in some prisons. Almost all pending casesrestricting freedom of expression have been dropped since therepeal in December 1993 of a law against "insulting authority,"with the exception of two. Several religious minorities reporta diminution in discrimination and religious persecution. Oneinstance of prosecution for religious proselytizing wasreported in 1994.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, IncludingFreedom from: a. Political and Other Extrajudicial KillingThere were no reports of political killing, but there wereseveral reports of persons killed while in official custody.The Albanian Government twice protested killings by Greekpolice or military personnel of six to eight Albanians who hadillegally entered Greece. In the first case, the AlbanianGovernment in March described the Greek shooting while incustody of an apprehended illegal Albanian alien, Alfred AbasMuco, 21 years old. After a military investigation, the GreekGovernment replied that Muco's killing was accidental. In thesecond case, on August 22, the Albanian Ministry of ForeignAffairs protested the killing of Ormen Gjoka and maiming of AliReci (broken back) while in Greek custody during the Greeks'forcible expulsion of Albanians. Greece returned Gjoka's bodyand Reci to Albania on August 23 without publicity orexplanation.The Albanian Government also protested the deaths of sixunnamed Albanians during the Greek roundup and expulsion ofAlbanian aliens in August-September. Of the six, one wasreportedly a 19-year-old woman, shot in the head; another was a21-year-old man, shot in the back. Two others of the sixreportedly drowned in a river during flight from pursuing Greekpolice. It was not known whether the six dead referred toinclude Ormen Gjoka, mentioned above. The Greek Ministry ofForeign Affairs states that it requested but did not receiveidentifying information about the six from the AlbanianGovernment to aid investigation of the cases, and it is notknown if any investigation was conducted.The Government has not provided any further information on thearmy's investigation of the February 27, 1993, incident inwhich a Greek soldier shot an Albanian. After a request by theGerman Embassy in Athens for a followup investigation into thedeath of Ramon Joachim Schulz, the Government reaffirmed theconclusion of the original investigation, that Schulz died of aheart attack, despite evidence to the contrary.Greek terrorists attacked and killed three persons in 1994--aTurkish diplomat, a prominent Greek banker, and a Greekpoliceman. There have been no arrests made in these cases. b. DisappearanceNo cases of disappearances were reported in 1994. The case oftwo ethnic Greeks of Albanian citizenship who disappeared onMarch 4, 1993, remained unsolved. The Government claimed thatthe two were not in custody when they disappeared, althoughAmnesty International reported that they were seen beingarrested by an armed policeman, and initially the policeconfirmed they were holding them. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution specifically forbids torture, and a 1984 lawmade the use of torture an offense punishable by a sentence offrom 3 years to life imprisonment. However, this law has neverbeen invoked, even though there were credible reports thatpolice and military personnel beat and otherwise ill-treatedillegal Albanian aliens in the process of deporting them inAugust and September. The Government denied such reports.A December 1993 report by the COE's Committee for thePrevention of Torture and Inhuman or Degrading Treatment orPunishment (CPT) concluded that certain categories of personsdetained or arrested by the police, particularly personsarrested for drug-related offenses or for serious crimes suchas murder, rape, or robbery, run a significant risk of beingill-treated and are occasionally subjected to severe ill-treatment or torture. The report stressed that the Governmentshould examine diligently all allegations of ill-treatment andprosecute and punish offenders. It also emphasized the needfor additional education for police on human rights questions;better training in modern investigation techniques; and theacquisition and development of interpersonal communicationskills by police officers. Finally, it stressed the need tostrengthen formal safeguards against the ill-treatment ofpersons detained by the police, including the right to accessto a lawyer from the outset of detention.The COE report stated that allegations of ill-treatmentincluded kicks, punches, slaps, stamping on feet, as well asblows with the butt of a pistol or wooden sticks. The reportalso noted allegations of an even more serious kind, inparticular of falaka (beating on the soles of the feet) and theadministration of electric shocks; it indicated that the Athensand Thessaloniki police had inflicted such treatment at policeheadquarters. The COE team's medical personnel confirmed thatphysical evidence from the victims was consistent with theirallegations. In addition, the COE team observed a variety ofunlabeled wooden sticks and batons at the Thessaloniki policeheadquarters, as well as a hand-held device for deliveringelectric shocks which was discovered in the personal locker ofa police officer attached to the Thessaloniki policeheadquarters.The Government conducted its own internal review of thesecharges and reported in August on the status of 33 lawsuitsfiled against policemen in the period 1989-1993 for abuse,torture, and ill-treatment. Twenty cases were still pending incourt or under investigation; in three cases, the policeofficers were found innocent; one police officer was sentencedto 2 years in prison for slapping a prisoner in the face; andin nine cases the charges were dropped. The Government refusedto accept the Committee's observations concerning investigationmethods, torture, and ill-treatment, dismissing them as withoutfoundation.The COE report described conditions of detention in policeestablishments visited as varying from adequate to extremelypoor and in one case as inhuman. It noted prompt compliancewith a recommendation to close cells in two police stationsimmediately.There were few reports of physical abuse from most prisons,although the COE report cited ill-treatment of prisoners byprison staff at the Larissa prison as an exception. Accordingto another credible report, two Albanian prisoners who attemptedto escape in 1993 from a prison on the island of Kos werebeaten severely after their recapture. An investigation by theMinistry of Justice resulted in bringing charges in Septemberagainst three prison guards for "dangerous bodily harm" andagainst another for "simple bodily harm." In April theMinistry issued strict instructions to prison wardens toprevent physical abuse of the incarcerated. The Minister ofJustice personally conducted followup investigations andvisited prisons. The wardens of two prisons were fired formisconduct and failing to follow or enforce proper guidelinesfor treatment of prisoners. The Ministry has announced atraining program for prison guards to prevent abuse ofprisoners, but it has not yet begun.Prison overcrowding, particularly at the Korydallos prison nearAthens, was relieved in 1994 as a result of a new law whichpermits parole after a prisoner has served two-fifths (versusthe previous three-fifths) of a prison term. Implementation ofthis law resulted in the release of 1,200 prisoners by July,roughly 1 out of every 6 of the total prison population. TheJustice Ministry also implemented special prison programs forthe treatment of drug addicts and a pilot vocational training,legal, and mental health counseling program for juveniles. Anew detention and court center was opened in Thessaloniki; theold center had been cited in the COE report as particularlyinadequate.Prison conditions for conscientious objectors improved somewhatin 1994, as a result of government action to reduceovercrowding. In addition, the Government began renovations tothe Kassandra prison, which was notorious for its poor living,health, and sanitary conditions.The COE team provided an independent monitor of prison, policestation, and psychiatric hospital conditions. Such independentmonitoring, however, was not regularly scheduled. d. Arbitrary Arrest, Detention, or ExileThe Constitution requires judicial warrants for all arrests,except during the actual commission of a crime, and the lawprohibits arbitrary arrest orders. The police do not alwaysrespect these safeguards (see below). Police must, by law,bring a person arrested on the basis of a warrant or whilecommitting a crime before an examining magistrate within24 hours. The magistrate must issue a detention warrant ororder the release of the detainee within 3 days, unless specialcircumstances require a 2-day extension of this time limit.Defendants brought to court before the end of the day followingthe commission of a charged offense may be tried immediately,under a "speedy procedure." Although legal safeguards,including representation by counsel, apply in speedy procedurecases, the short period of time may inhibit the defendant'sability to present an adequate defense. Defendants may ask fora delay to provide time to prepare their defense, but the courtis not obliged to grant it. The speedy procedure was used inless than 10 percent of misdemeanor cases. It was not used atall for felonies.Despite these legal safeguards, the police sometimes violatethem. For example, both the COE team and Greek defense lawyersstated that the police, during investigation of serious crimes,occasionally interrogated suspects as "witnesses," allegedlybecause witnesses do not have the right to legal representationduring police questioning. Statements made to the police inthese circumstances may be used against these persons in courtif they are later charged and brought to trial. Witnesses donot have the legal right to remain silent, although no one isrequired to testify against himself. In such cases access to alawyer may be effectively denied until after interrogation,which in some cases has resulted in torture or ill-treatmentand the subsequent signing of a statement. These circumstanceswere reportedly most likely to occur in the case of seriouscrimes, including drug offenses, in which the police did nothave sufficient evidence to convict without a confession. TheGovernment did not prosecute and punish any officials for suchmisconduct during the year.The effective maximum duration of pretrial detention was 18months for felonies and 9 months for misdemeanors. A panel ofjudges may grant release pending trial, with or without bail.A person convicted of a misdemeanor and sentenced to 2 years orless may, at the court's discretion, pay a fine in lieu ofbeing imprisoned. The percentage of the incarceratedpopulation 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 reportedsince the restoration of democracy in 1974. However, Greekcitizens not of ethnic Greek origin who travel outside thecountry may be deprived of their citizenship and refusedreadmittance to the country under Article 19 of the CitizenshipCode. Article 20 of the Code permits the Government to stripcitizenship from those who "commit acts contrary to theinterests of Greece for the benefit of a foreign state." (SeeSection 2.d. for more information on the application of thesearticles.) e. Denial of Fair Public TrialThe judicial system includes three levels of courts, appointedjudges, an examining magistrate system, trial by judicialpanel, and the right of appeal by both prosecution anddefense. The Constitution provides for the independence of thejudiciary, but there are credible charges that judges sometimesallow political criteria, including the desire to obtainpromotion, to influence their judgments.Judges are not appointed for life. Mandatory retirement agesvary with the type of court. Some judges expressed concernthat the change in the way judges are selected might affect theindependence of the judiciary. Previously, they were electedby their peers, but under the new law they are chosen by theirsuperiors.The Government has taken Christos Sideropoulos to trial fivetimes in 4 years for speaking publicly about the existence andrights of what he identifies as a Macedonian minority. A casebrought by a private citizen was accepted and joined by theprosecutor in May despite the fact that the allegedly offensivestatements were made at a CSCE conference in Denmark in 1990.Under Article 6 of the Criminal Code, Greek citizens may beprosecuted for actions committed abroad only if those actionsare punishable under the laws of that country. Sideroupoulos'salleged statements do not constitute an offense under Danishlaw, but Greek courts and the Greek Government permitted thecase to go to trial; in September, the scheduled trial waspostponed for 1 year.The Constitution provides for public trials, and trial courtsessions are open to the public, unless the court decides thatprivacy is required to protect victims and witnesses ornational security matters. According to defense attorneys, thelatter provision has not been invoked since the restoration ofdemocracy in 1974. The defendant enjoys the presumption ofinnocence, the standard of proof of guilt beyond a reasonabledoubt, the right to present evidence and witnesses, the rightof access to the prosecution's evidence, the right to cross-examine witnesses, and the right to counsel. Lawyers areprovided to defendants (in felony cases, only) who are not ableto afford legal counsel.The legal system does not discriminate against women orminorities, with one clear exception: Article 19 of theCitizenship Code (see Section 2.d.) applies only to Greekcitizens who are not ethnically Greek.As noted above, the courts continue to permit prosecutions ofminority activists who violated laws that limit freedom ofexpression (see Section 2.a.). However, no one was imprisonedas a result of such charges in the last 5 years. Thoseconvicted have been allowed to convert their convictions to afine of about $4.00 a day. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceAlthough the Constitution prohibits invasion of privacy andsearches without warrants, and the law permits monitoringpersonal communications only under strict judicial controls,the variety of persons and groups subjected to governmentsurveillance in recent years raises questions aboutsafeguards. Targets included human rights monitors, non-Orthodox religious groups, and activist members of minoritygroups.In June a parliamentary investigation committee recommendedindictment of former Prime Minister Mitsotakis and 30 personsfrom the former Mitsotakis administration on charges ofwiretapping political opponents from 1989 to 1991. In January1995, the Parliament voted to drop all charges againstMitsotakis. The others will be tried in criminal courts in1995.The security services continued to monitor human rights andminority group representatives and foreign diplomats who metwith such individuals. Human rights monitors also reported thecontinuation of suspicious openings and diversions of mail,some of which was never delivered but was subsequentlypublished in newspapers with apparent links to Greek securityservices. So far as is known, the Government took no steps tostop such practices or to prosecute those involved.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressFreedom of speech and press is provided for in the Constitutionand generally respected in practice, but with some significantexceptions. Some legal restrictions on free speech remain inforce and were invoked in one case in 1994 concerning the rightof an individual to identify himself as a member of a Macedonianminority in Greece. The charges in this case were based onwhat the individual said, not on violent acts or criminalbehavior. On matters other than those involving the questionof ethnic minorities, Greece enjoys a tradition of outspokenpublic discourse and a vigorous free press. Satirical andopposition newspapers do not hesitate to attack the higheststate authorities. According to journalists, self-censorshipwas practiced on national security and Greek national identityissues.The Constitution allows for seizure (though not priorrestraint), by order of the public prosecutor, of publicationsthat insult the President, offend religious beliefs, containobscene articles, advocate violent overthrow of the politicalsystem, or disclose military and defense information. Seizureshave 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 otherwiseactionable "offenses committed by or through the press." As aresult of these changes, a number of trials involvingrestrictions on freedom of speech initiated under the previousgovernment, including the cases of five Trotskyites and twojournalists, were terminated. With the December 1993 repeal ofan antiterrorism law, the Government lifted restrictions on thepublishing of the communications of terrorist groups; thisprovided a forum for the publication of the proclamations ofGreek terrorist groups during a period of stepped-up terroristactivity.Several other articles of the Penal Code which were used in thepast to restrict free speech and press remain in force.(Article 141 of the Penal Code forbids "exposing the friendlyrelations of the Greek State with foreign states to danger ofdisturbance;" Article 191 of the Code prohibits "spreadingfalse information and rumors liable to create concern and fearamong citizens and cause disturbances in the country'sinternational relations and inciting citizens to rivalry anddivision, leading to disturbance of the peace.") TheGovernment continues to use laws to charge individuals whoraise politically sensitive topics, such as relations with theFormer Yugoslav Republic of Macedonia and the assertion ofethnic minority identification. An example is the case ofChristos Sideropoulos, who described himself as a Macedonianactivist (see Section 1.e.). Two other freedom of expressioncases from previous years are scheduled to be heard by appealscourts in 1995.On April 14, charges were dropped against Sadik Ahmet Sadik foran article he published in 1989 in which he allegeddiscrimination and repression against ethnic Turks in Greece.Sadik also appealed to the Supreme Court a February 1conviction by the First Appeal Court in Thessaloniki forfalsifying signatures on a petition he circulated among theMuslims of Thrace. Two other cases pending against Sadikinvolve charges of theft, unlawful entry in public buildings,and inciting violence during altercations with the authoritiesin Thrace about new textbooks distributed by the GreekGovernment 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 rulesgoverning private broadcasting established proceduralregulations for radio several years ago. In 1993 it did so fortelevision as well, issuing licenses to six private stations.Many other private television stations operated withoutlicenses, however. State-run stations tended to emphasize theGovernment's views and positions but also reported objectivelyon other parties' programs and positions.Throughout much of western Thrace, Turkish-language satellitetelevision broadcasts are widely available. The mayors of twocities in the region set up satellite ground stations for theirTurkish-speaking constituents. Eleven Turkish-languagepublications--eight weekly newspapers and three monthlymagazines--are published and circulated in Thrace. Newspapersand other periodicals from Turkey are distributed in smallnumbers when brought in by taxis and travelers.Academic freedoms are respected. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for freedom of assembly. Policepermits were routinely issued for public demonstrations, andthere were no reports that the permit requirement was abused.The Constitution provides for the right of association, whichwas generally respected, except in cases involving ethnicminorities. In 1994 the Supreme Court upheld the 1991 decisionof lower courts to deny registration to the "MacedonianCultural Center" in Florina, organized by Greeks who considerthemselves of Slavic descent. The 1991 ruling held that "thetrue goal of the society...is to affirm the idea of theexistence of a Macedonian minority in Greece, which contradicts(Greece's) national interests and the law." The organizersplanned to appeal the decision to the European Court of HumanRights.Greek authorities, while recognizing a Muslim minority, did notrecognize the existence of other minorities based on ethnicgrounds (see Section 5). This is contrary to the 1990Copenhagen document of the CSCE to which the Government is aparty, which asserts that "to belong to a national minority isa matter of a person's individual choice." c. Freedom of ReligionThe Constitution establishes the Greek Orthodox Church, towhich perhaps 95 percent of the population at least nominallyadhere, as the prevailing religion but prohibits discriminationagainst religious minorities. The Greek Orthodox Church wieldssignificant influence through its relationship with theMinistry of Education and Religion. Religious training ismandatory in Greek public schools for Greek Orthodox pupils.Non-Orthodox students are exempt from this requirement.However, there are reports from Helsinki Monitor (Greece) thatsome schoolteachers force Jehovah's Witnesses students toattend Orthodox services. The Constitution limits religiouspractice by prohibiting proselytizing. In contrast to pastyears, in 1994 only one arrest for proselytizing by otherfaiths was reported.In January police in Thessaloniki arrested two members of theChurch of Latter-day Saints (Mormons) for violating immigrationlaw and jailed them overnight. After a 10-day trial, they wereacquitted. The Church complained in September of harassment bylocal thugs in Piraeus but at the same time reported agenerally improved relationship with local police.Traditionally, Jehovah's Witnesses ministers were not grantedthe exemption from military service accorded under Greek law toclergy of "known religions" and thus served prison sentencesfor refusing military service. Since 1990-91, the Council ofState, the highest court dealing with civil and administrativematters whose opinions are binding on the Government, has ruledthat the Jehovah's Witnesses were a "known religion" and hasordered the release of ministers who had refused induction.However, the recruiting service of the armed forces regardedthese rulings as applying only to individual appellants, not asbinding precedents for subsequent Jehovah's Witnesses ministerswho were called up. It thus continued to rely, in the firstinstance, on the opinion of the Ministry of Education andReligion, which in turn accepted the view of the Greek OrthodoxChurch that the Jehovah's Witnesses are not a "known religion."As a consequence, for the past few years, ministers of theJehovah's Witnesses have been called up for military serviceand prosecuted for refusal; only after conviction could theyappeal to the Council of State for exemptions as ministers of a"known religion." In practice, these ministers have spentperiods of a few months to over a year in jail while appealingtheir cases to the Council of State. In contrast to pastyears, in 1994 only one arrest for proselytizing by otherfaiths was reported. A Jehovah Witnesses canvasser wasarrested in Volos on October 14, and the local publicprosecutor charged him with proselytizing. He was subsequentlyreleased pending hearing of the case in 1995.To open and operate a house of worship in Greece requiresapproval by the Ministry of Education and Religion. TheMinistry bases its decision on the advisory opinion of thelocal Orthodox bishop. In recent years, it has not beenuncommon for such permission to be delayed or even, at times,withheld, though some denominations have been able to open andoperate churches in the guise of cultural centers.</text>
</content>
<name>Greece </name>
<script></script>
</card>
card_27811.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GHANA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 GHANAGhana 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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 wasresponsible. 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. DisappearanceThere were no reports of disappearances. c. Torture and other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialThe 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 CorrespondenceObservers 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 ConflictsDuring 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 PressThe 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 AssociationThe 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 ReligionThere 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 RepatriationGhanaians 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 GovernmentGhanaians 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 RightsHuman 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 StatusThe Constitution prohibits discrimination on the basis of race, sex, religion, disability, language, or social status. The courts are specifically empowered to enforce these prohibitions. WomenGhanaian 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. ChildrenWithin 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 MinoritiesAlthough 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 DisabilitiesThe 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 AssociationThis 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 CollectivelyThe 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 LaborThe 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 ChildrenLabor 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 WorkIn 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.</text>
</content>
<name>Ghana </name>
<script></script>
</card>
card_27581.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GERMANY HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995In 1994 some firms in eastern Germany refused to join employerassociations, or withdrew from them, and then bargainedindependently with workers. Likewise, some large firms in thewest withdrew at least part of their work force from thejurisdiction of employer associations, complaining ofrigidities in the centralized negotiating system. The lawmandates a system of works councils and worker membership onsupervisory boards, and thus workers participate in themanagement of the enterprises in which they work. The lawthoroughly protects workers against antiunion discrimination.Germany has no export processing zones. c. Prohibition of Forced or Compulsory LaborThe Basic Law prohibits forced or compulsory labor, and therewere no known violations. d. Minimum Age for Employment of ChildrenFederal law generally prohibits employment of children underage 15, with a few exceptions: those aged 13 or 14 may do farmwork for up to 3 hours per day, or may deliver newspapers forup to 2 hours per day; those aged 3 to 14 may take part incultural performances, albeit under stringent curbs on thekinds of activity, number of hours, and time of day. TheFederal Labor Ministry effectively enforces the law through itsFactory Inspection Bureau. e. Acceptable Conditions of WorkThere is no legislated or administratively determined minimumwage. Wages and salaries are set either by collectivebargaining agreements between industrial unions and employerfederations or by individual contracts. Covering about 90percent of all wage- and salary-earners, these agreements setminimum pay rates and are legally enforceable. These minimumsprovide an adequate standard of living for workers and theirfamilies. The number of hours of work per week is regulated bycontracts that directly or indirectly affect 80 percent of theworking population. The average workweek for industrialworkers is 36.9 hours in western Germany and about 40 hours inthe eastern states.An extensive set of laws and regulations on occupational safetyand health incorporates a growing body of European Unionstandards. These provide for the right to refuse to performdangerous or unhealthy work without jeopardizing employment. Acomprehensive system of worker-insurance carriers enforcessafety requirements in the workplace. This system now appliesin the eastern states, where lax standards and conditions underthe Communist regime created serious problems. The LaborMinistry and its counterparts in the states effectively enforceoccupational safety and health standards through a network ofgovernment organs, including the Federal Institute for WorkSafety. At the local level, professional and tradeassociations--self-governing public corporations with delegatesboth from the employers and from the unions--oversee workersafety.safety.</text>
</content>
<name> </name>
<script></script>
</card>
card_27168.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GERMANY HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 GERMANYThe 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 setforth in the Basic Law (Germany's Constitution). The 16 statesenjoy significant autonomy, especially as concerns lawenforcement and the courts, education, the environment, andsocial assistance.Law enforcement is primarily a responsibility of stategovernments, and the police are organized at the state level.The jurisdiction of the Federal Criminal Office is limited tointernational organized crime, especially narcoticstrafficking, weapons smuggling, and currency counterfeiting.Police forces are well trained, disciplined, and mindful ofcitizens' rights. However, there were isolated instances ofpolice abuse of prisoners, particularly foreigners, in severalcities, including Berlin, Hamburg, and Leipzig.Germany's highly advanced economy affords its residents a highstandard of living. During 1994 the economic situation ineastern Germany improved significantly as adjustment to themarket economy quickened. While there continued to besubstantial numbers of workers in the east who were unemployed,underemployed, temporarily employed or in training programs, orretiring early, each of these categories decreased.Unemployment in the east continued to affect womendisproportionately more than men. Unemployment in the westeased notably during the latter half of the year.The Basic Law provides extensively for the free exercise ofindividual rights, and various laws provide recourse againstracial and ethnic intolerance. The Government enforces theseprovisions. However, violence or harassment directed atforeigners continued to occur. Official data show that thenumber of violent offenses by rightwing extremists decreased byover one-third in the first 11 months of 1994 compared with thesame period in 1993. Rightwing extremist violence, havingrisen sharply in 1991 after German unification, peaked in 1992and has since been declining. Still, attacks on property orpersons 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 absolutenumber. Most involved graffiti or distribution of anti-Semiticmaterials. Especially notorious was a firebombing whichsignificantly damaged the Luebeck Synagogue; this was the firstattack on a synagogue in Germany since the end of World War II.The overwhelming majority of the perpetrators of attacks onforeigners or anti-Semitic acts were frustrated, apoliticalyouths and a small core of neo-Nazis. All the major politicalparties and all the highest officials of the Federal Republicdenounced violence against foreigners and anti-Semitic acts, asdid hundreds of thousands of citizens in public demonstrations.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or extrajudicial killing byagents of the Government. Police claimed that their shootingand killing of a 16-year-old Kurd in Hannover, in the course ofarresting him for putting up posters of the banned KurdishWorkers Party, was accidental; but the family's lawyer insistedthe police were negligent. Some murders occurred among rivalfactions of Iranians, Kurds, Turks, and other foreignnationals; the federal and state authorities sought to find andprosecute the perpetrators of such crimes, and pressed chargesin several trials. b. DisappearanceThere were no reports of abductions or secret arrests bygovernmental or police authorities. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentPolice in Hamburg, Leipzig, Berlin, and several smaller citieswere accused of mistreating foreigners. In Hamburg, the stateInterior Minister resigned, and 27 policemen were undersuspension pending further investigation of such charges.During 1994 as many as 51 Berlin police were suspended; andcourts sentenced one policeman to a 3-year prison term, finedanother, and placed two on probation, for mistreating aVietnamese asylum-seeker. Some foreign residents charged thatBerlin authorities are reluctant to investigate fully suchcharges of abuse.Generally, however, authorities throughout Germany respondedswiftly to accusations of police brutality, and punishedofficers found guilty of it. Berlin's Chief of Policecomplained publicly about the overcrowding and other poorconditions under which rejected asylum-seekers are being heldin detention awaiting deportation (see Section 2.d.). d. Arbitrary Arrest, Detention, or ExileTo make an arrest, police must obtain a judicial warrant. Bythe day after arrest, police must bring the suspect before ajudge and lodge a charge. The court must then either issue awarrant stating the grounds for detention or order release.There is no preventive detention. If there is evidence thatthe suspect might flee the country, police may detain thesuspect for up to 24 hours pending a formal charge The rightof free access to legal counsel has been restricted only in thecases of terrorists suspected of having used contacts withlawyers to continue terrorist activity while in prison. Onlyjudges may decide on the validity of any deprivation ofliberty. Bail exists but is seldom employed; the usualpractice is to release detainees unless there is clear dangerof flight outside the country. There is no exile. e. Denial of Fair Public TrialTrials are public. The Basic Law assures due process andprohibits double jeopardy. The judiciary is free of governmentinterference. There are no political prisoners.In the trial of a neo-Nazi leader charged with incitingviolence because of his denial of the Holocaust, the court'sdecision provoked widespread criticism for its apparentsympathy for the accused's ideology. In explaining why ithanded down only a suspended sentence, the court extolled theaccused's integrity and showed understanding for hismotivations. The presiding judge was temporarily removed fromhis seat "for continuous health problems." f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Basic Law provides for inviolability of the home, and theauthorities respect these provisions. Prior to forciblyentering a home, police must obtain a warrant from a judge or,in an emergency, a public prosecutor. For electronicsurveillance of telephone lines or monitoring of mail, policemust obtain a court order.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Basic Law, an independent press, an effective judiciary,and a functioning democratic political system combine to ensurefreedom of speech and the press. There is no officialcensorship. However, Nazi propaganda and that of otherproscribed organizations are illegal. Statements endorsingNazism are also illegal.Newspapers and magazines are privately owned, with somecompanies controlling a significant part of the market. Themajor radio and television networks and stations function ascorporations under special public laws; they are governed byindependent boards made up of representatives of churches,political parties, and other organizations. Alongside thissystem, commercial television and radio have becomeincreasingly important since the late 1980's. The former EastGerman broadcasting outlets have been integrated into anall-German system. b. Freedom of Peaceful Assembly and AssociationThe law provides for free exercise of the rights of assemblyand 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 damageto public facilities. Permits are routinely granted. Whendemonstrators have not obtained permits, police have exercisedrestraint, showing concern primarily for the functioning ofpublic facilities and for public safety.The Basic Law permits banning political parties found to be"fundamentally antidemocratic." A 1950's ruling by the FederalConstitutional Court outlawed a neo-Nazi and a Communistparty. State governments may outlaw only organizations thatare active solely within their state. If a group's activitiescross state lines, the Federal Government assumes jurisdiction.Four far-right political groups, not organized as politicalparties, were banned in late 1992. The Kurdish Workers Party(PKK), along with 35 subsidiary organizations, was banned in1993. Also in 1993, the Federal Government asked theConstitutional Court to ban the far-right Free German Workers'Party; the Court's decision is still pending. Severalextremist parties are currently under observation by the Officefor the Protection of the Constitution (BFV, the internalsecurity service), although such monitoring may not by lawinterfere with the organizations' continued activities. TheBFV reported that 42,000 people belonged to far-rightorganizations in 1994, of whom some 5,600 were consideredviolence-prone. c. Freedom of ReligionThe Government fully supports religious freedom. Most of thepopulation belongs to the Catholic or Protestant Churches.These denominations and the small Jewish community hold aspecial legal status as corporate bodies under public law,giving them, for instance, the right to participate in astate-administered church tax system. The Governmentsubsidizes church-affiliated schools and provides religiousinstruction in schools and universities for those belonging tothe Protestant, Catholic, or Jewish faith.Members of the Church of Scientology continue to complain ofharassment such as being fired from a job or expelled from (ornot permitted to join) a political party. Scientologistscontinued to take such grievances to court. Musician ChickCorea, a Scientologist, was permitted to appear in agovernment-subsidized concert hall in the state of Hesse onlyafter an agreement with local officials that he would notproselytize during his performance. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationGerman citizens are free to move anywhere within the country,to travel abroad, to emigrate, and to repatriate, withoutrestrictions that violate human rights.For ethnic Germans entering the country, the Basic Law providesboth for citizenship immediately upon application and for legalresidence without restrictions. Persons not of Germanethnicity may acquire citizenship (and with it the right ofunrestricted residence) if they meet certain requirements,including legal residence in Germany for at least 10 years (5if married to a German), renunciation of all othercitizenships, and a basic command of the German language.Long-term legal residents often opt not to apply; they receivethe same social benefits as do citizens, and after 10 years oflegal residency they are entitled to permanent residency.Representatives of the Turkish and Roma communities in Germanyhave criticized the citizenship policy as unjust anddiscriminatory, and have opposed in particular Germany's policyagainst dual nationality.The Basic Law provides for the right of foreign victims ofpolitical 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 havedropped sharply. Indications are that applications in 1994were fewer than in any year since 1989.Under the tightened criteria, persons coming directly from anycountry that German officials designate as a "safe country oforigin" cannot normally claim political asylum, but can requestan administrative review of their applications while inGermany. Persons entering Germany via a "safe thirdcountry"--any country in the European Union or adhering to theGeneva Convention--are also ineligible for asylum.The legislated changes also limited legal recourse againstdenials of asylum applications. Critics argued that fewcountries can assuredly be designated as "safe third countries"and that the law unjustly fails to allow applicants to rebutsuch designations. While the law permits appeals againstdesignations of "safe countries of origin," critics protestedthat the 48-hour period allotted for hearings is too brief.Asylum-seekers with applications under review enjoy virtuallythe full range of civil rights except the right to vote. Whileless than 5 percent of applicants have attained politicalasylum, denial does not automatically result in deportation;most rejected applicants are allowed to remain in the countryfor humanitarian reasons, especially those from the formerYugoslavia.However, applicants who have been conclusively denied asylumare placed in detention pending deportation; and some policelockups, particularly in Berlin, are overcrowded and/orotherwise seriously substandard. Seven asylum-seekers in thecapital were held for several months in cells intended only forvery brief detentions. To improve conditions for detainees,Berlin authorities began to use nonprison facilities vacated bydeparting U.S. military units, and proceeded with constructionof a new detention center scheduled for completion in 1995.Deportation became rather more common, however, due not only tothe amended asylum criteria but also to an agreement withRomania in late 1992 on the return of rejected Romanianasylum-seekers, primarily Roma. Under the agreement, Germanypays all transportation costs and provides financial assistanceto Romania to help reintegrate those returning.Vietnamese asylum-seekers pose a special problem. Since the1993 amendments of the asylum criteria, only 2 percent ofVietnamese applicants have been granted asylum; but theGovernment has been unable to repatriate the rejectedVietnamese, because Vietnam requires its returning citizens tohold re-entry visas but has refused to issue such visas tothose in Germany.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentUnder the Basic Law, the Government is elected on the basis ofuniversal suffrage and secret balloting. Members of theParliament's lower house, the Bundestag, are elected from amixture of direct-constituency and party-list candidates. Theupper house, the Bundesrat, is composed of delegations fromstate governments. The Basic Law and the state constitutionsstipulate that parties must receive at least 5 percent of thevote (or 3 directly elected seats in federal elections) inorder 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 theparties, but women are still substantially underrepresented inthose ranks. Slightly over 26 percent of the FederalParliament is female, including its President. Women occupy 3of 16 cabinet positions. One state minister president is awoman. On the Federal Constitutional Court, 4 of the 16 judgesare women, including the Chief Justice. All of the partieshave undertaken to enlist more women. The Greens require thatwomen comprise half of the party's elected officials. TheSocial Democrats have a 40-percent quota for women on all partycommittees and governing bodies.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsPrivate nongovernmental human rights organizations operatefreely in all of Germany, as do international organizations.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe law prohibits denial of access to shelter, health care, oreducation on the basis of race, religion, disability, sex,ethnic background, political opinion, or citizenship. WomenThe law generally treats women's rights as equal to men's,including property and inheritance rights. Women are beset byinstitutional and attitudinal barriers in some traditionallymale fields, but recent court rulings and government programshave helped break down some of the barriers. On September 1the "Second Law on the Implementation of Equal Rights for Womenand Men" took force, mandating that government agenciesestablish promotion plans for women, appoint officials forwomen's issues, and take various other such measures; it alsoprovides more stringent sanctions against sexual harassment inthe workplace.Salaries for women in the private sector tend to be lower thanfor men in similar jobs. The Labor Ministry has acknowledgedthat unequal, sex-differentiated pay scales in the privatesector violate the Basic Law's ban on gender-baseddiscrimination. Several decisions by the National Labor Courtin recent years have been in favor of women who initiatedlitigation to redress pay inequities. Such inequities are alsothrashed out in collective bargaining between unions and firms.In 1994 the unemployment rate for women in the eastern statescontinued to climb faster than the rate for men. In thatregion women now comprise over two-thirds of all unemployedworkers, and as of midyear (latest data) the rate ofunemployment in the female work force was over 21 percent whilethe figure was 10 percent for the male work force.In 1993 the Federal Constitutional Court declared that abortionviolates the Basic Law's provision regarding right to life.The Court ruled that first-trimester abortions would not beprosecutable, provided that the women received counselingbeforehand and that doctors performed the abortion. It alsoruled that the Government could provide assistance for abortiononly in cases of rape, mortal danger to the mother, or gravedeformation of the fetus. The ruling struck down 1992legislation which attempted to reconcile the former EastGermany's liberal abortion laws with the Federal Government'sstrict policies. In 1994 the parties in the Parliament wereunable to agree on an amended law.Neither the law nor the authorities condone wife beating orother violence against women. In recent years the FederalMinistry for Women and Youth commissioned a number of studiesto gain information on violence against women, sexualharassment, and other matters. Police statistics on rapeshowed a slight decrease to 5,527 cases in 1993 (latest data)from 5,568 in the previous year. ChildrenThere is no culturally based pattern of abuse of human rightsof children in Germany. The Government nevertheless recognizesthat violence against children is a problem requiring itsattention. The Ministry for Women and Youth released data inAugust 1993 (latest available) citing 16,442 reported incidentsof sexual abuse and 1,732 reports of other physical abuse ofchildren in the previous year. Officials believe that thenumbers of unreported cases may be 10 to 20 times higher. Theyestimate that in about three-fourths of the cases of sexualabuse against children, the perpetrator is a family member--inone-third, the child's biological father.In light of these figures, the Ministry for Women and Youthpledged to continue a campaign initiated in 1992 to fosterpublic awareness of the scale of the problem and of itssymptoms. The Child and Youth Protection Law stresses the needfor preventive measures, and the Ministry has taken account ofthis in stepping up its counseling and other assistance.The German Criminal Code was amended in 1993 to further protectchildren against pornography and sexual abuse. For possessionof child pornography, the maximum sentence is 1 year'simprisonment; for distribution, 5 years. The amendment madesexual abuse of children by German citizens abroad punishableeven if the action is not illegal in the child's own country. National/Racial/Ethnic MinoritiesPolice data show the number of violent offenses by rightwingextremists decreased by almost one-third in the first half of1994 compared with the same period in 1993, continuing adowntrend since 1992. As in previous years, most of theseoffenses (over 56 percent) were directed against foreignresidents, but since 1993 there has been a sharper decline inxenophobic offenses (such as beatings of foreigners or arsonattacks on asylum homes) than in other kinds of manifestationsof rightwing extremist violence; the number decreased by 29percent in 1993 and by 53 percent in the first half of 1994compared with the first half of 1993.Since late 1993 officials and courts have generally dealt withextremist crimes more vigorously than previously. In December1993 a court convicted two arsonists for a fatal attack inMoelln and gave them the maximum sentences--life imprisonmentfor one, and 10 years for his juvenile accomplice.After the most notorious incident in 1994, a rampage on May 12in Magdeburg in which at least fifty youths chased fiveAfricans through downtown streets and beat them whilebystanders did little or nothing, the perpetrators werearrested, tried, and sentenced to even longer prison terms thanthe prosecution had requested. Also in Magdeburg, a court gavefour youths 9- to 24-month jail terms for 1991 attacks onforeigners 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 orderedprobation or community service.Three of the four suspects in a Berlin assault on a Ghanaiannational, who was stabbed and thrown from a moving streetcar,were released; although the remaining detainee retracted aconfession, he remains jailed.In another case, three young men accused of assaulting aGhanaian in a street car in Halle in March were given jailterms of 2 to 4 years.In Potsdam, in a case of abuse of an Angolan worker and denialof his liberty, a court sentenced two of the three defendantsto 4 and 2 years, respectively, the latter with added communityservice; the third, who was the apparent instigator of theoffense, hanged himself in jail.At year's end, authorities were still investigating thefirebombings of two private Turkish organizations inBaden-Wuerttemberg. Also continuing was the court trial of thealleged perpetrators of a fatal 1993 arson attack in Solingen.Perpetrators of rightwing violence were predominantly young,male, and low in socioeconomic status, often committing suchacts while inebriated. As in the past, most acts of violenceagainst minority groups were committed spontaneously. Also asin the past, there was evidence that neo-Nazi groups weremaking efforts for greater coordination among themselves.In addition to voicing condemnation of the violence, theGovernment recommended tougher anticrime legislation andlaw-enforcement measures, as well as measures aimed at thesocietal roots of extremist violence and other crime. In theeastern states, governments introduced several model social andeducational programs designed to counteract the root causes ofxenophobia and intolerance, and they undertook efforts toreinvigorate enforcement of laws against violence byextremists. For such projects, however, state governments havethus far allocated only limited funds in their tight budgets.Although police in the eastern states continued to becomebetter versed in the federal legal system, better trained, andmore experienced, by year's end they had not yet achieved thestandards of effectiveness characteristic of the police in therest of Germany. However, they did score greater success incombating rightwing violence, in part due to special taskforces created in many states. For example, after neo-Nazis inmore than 30 cities were denied permission to hold gatheringsto commemorate the death of Rudolf Hess, there was concern thatsome neo-Nazi groups might nevertheless stage such rallies, asone had succeeded in doing in Fulda in 1993; but state andfederal authorities cooperated closely, deployed police inforce, and succeeded in completely preventing demonstrations.Sinti and Roma leaders accused the Government of discriminatorybehavior in failing to designate Sinti and Roma as a nationalminority (similar to the status accorded ethnic Danes andSorbs) and of a generally hostile attitude toward them. Religious MinoritiesAnti-Semitic acts increased, with 937 incidents reported in thefirst 9 months of 1994. The worst was the firebombing of the100-year-old synagogue in Luebeck on March 25. Policeinvestigation 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 ofsymbols of banned organizations. There were three cases ofbodily injury and 42 cases of monument desecration. In July,for example, 22 skinheads vandalized the former concentrationcamp at Buchenwald, but police were able to apprehend all theperpetrators before they left the scene. A federal courtordered retrial of two youths who had been acquitted in October1993 of a charge of arson in the September 1992 burning of theJewish barracks at the former Sachsenhausen concentrationcamp. There were further incidents of vandalism at theSachsenhausen site in 1994. People with DisabilitiesBy law, anyone who is physically or mentally disabled isentitled to assistance to avert, eliminate, or improve thedisability, prevent a deterioration of it, or alleviate itsconsequences and secure a place in society (particularly in theworkplace) according to his or her abilities. The authoritiesrespect the rights of the disabled. The social system providesmedical and financial benefits for persons who are or becomedisabled. The Government offers them vocational training, andit offers grants for employers who hire the handicapped.Severely disabled persons may be granted special benefits, suchas tax breaks, free public transport, special parkingfacilities, and exemption from radio and television fees.The Federal Government has established guidelines forattainment of "barrier-free" public buildings, and formodifications of streets and pedestrian traffic walks toaccommodate disabled persons. While it is up to the individualstates to incorporate these guidelines into building codes, all16 states now have access facilities for the handicapped. Section 6 Worker Rights a. The Right of AssociationThe right to associate freely, choose representatives,determine programs and policies to represent workers'interests, and publicize views is recognized and freelyexercised. Some 39 percent of the total eligible labor forcebelongs to unions. The German Trade Union Federation (DGB)represents 85 percent of organized workers, and participates invarious international and European trade union organizations.The law provides for the right to strike, except for civilservants (including teachers) and personnel in sensitivepositions such as members of the armed forces. In the past theInternational Labor Organization (ILO) has criticized theGovernment's definition of "essential services" as overlybroad. The ILO was responding to complaints about sanctionsimposed on teachers who struck in the state of Hesse in 1989and, earlier, the replacement of striking postal workers bycivil servants. A combination of privatization and decisionsby the Federal Labor Court may resolve at least some of thespecific issues in a manner acceptable to the ILO. b. The Right to Organize and Bargain CollectivelyThe Basic Law provides for the right to organize and bargaincollectively, and this right is widely exercised. Due to awell-developed system of autonomous contract negotiations,resort to mediators is uncommon. Basic wages and workingconditions are negotiated at the industry level and then areadapted, through local collective bargaining, to particularenterprises.</text>
</content>
<name>Germany </name>
<script></script>
</card>
card_27074.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GEOGIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 1.c.).Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThere are no legal or constitutional prohibitions againstdiscrimination. WomenGovernment concern, as well as the concern of society at large,about discrimination against women is limited. Although in1994 Georgia signed the Convention on the Elimination of AllForms of Discrimination Against Women, there is no distinctwomen's movement, nor are there academic programs in women'sstudies. The dominant stereotype that the majority ofGamsakhurdia's supporters were somewhat irrational women hassignificantly weakened women's involvement in politics (seeSection 3).Women's access to education resources is unimpeded, but womenare found mostly in so-called traditional occupations, such asthe arts, languages, and social sciences. Careers that involvetechnical skills, applied sciences, or supposedly "morecomplex" reasoning are heavily male-dominated. Women's laboris generally low paid and, often, part-time, althoughgovernment positions reportedly are paid on an equal basis. Ina growing trend, women engaged in "cottage industries" arebecoming the primary breadwinners.Credible statistics on violence against women are difficult toobtain. In July the Ministry of Interior stated that, duringthe first half of 1994, reports of rape had declined by 10percent. Sociologists and domestic specialists claim instancesof rape and domestic violence are rare; however, the lack ofstatistics could reflect victims' fear of reporting such crimesas well as lack of confidence in law enforcement and judicialorgans. ChildrenThe economic crisis which continued to grip Georgia in 1994prevented government expenditures on the welfare of childrenadequate to meet their needs. The severe economic conditionshave resulted in children being left without homes or beingforced to beg. In September a children's advocacy group wasestablished, and in 1994 Georgia signed the Convention on theRights of the Child. National/Racial/Ethnic MinoritiesNeither the 1921 Constitution, supposedly reinstated in 1992,nor Georgian legislation contains antidiscriminationprovisions. With the exception of the situation in the formerconflict zones, the Government generally respects the rights ofethnic minorities, although information on areas outside thecapital is scarce, and some ethnic Azeris from southern Georgiacame to Tbilisi in September to protest against what they claimis unfair treatment. Local police and officials sometimesdiscriminate against non-Georgians, but the central authoritiesusually try to resolve complaints.The Government provides funds for ethnic schools, and theteaching of non-Georgian languages is permitted. InAzeri-populated areas, where Georgian is not the primarylanguage, the poor quality of Georgian-language instruction andthe wider availability of Azeri-language schools producegraduates with limited professional opportunities in Georgia. Religious MinoritiesFreedom of religion is widely respected in Georgia (see Section2.c.). The Patriarch of the Georgian Orthodox Church, however,is wary of proselytism and has exhibited an intolerant attitudetoward the growing Protestant movement. The Salvation Armypublicly complained of hostile articles regarding the residentSalvation Army mission and of the Georgian Orthodox Church'snegative disposition. The Catholic Church has also complainedof the delay in the return of six churches, closed during theSoviet era and later given to the Georgian Orthodox Church. People with DisabilitiesThere is no legislative or otherwise mandated provisionrequiring accessibility for the disabled. The law on labor hasa section which includes the provision of numerous specialdiscounts and favorable social policies for those withdisabilities, especially disabled veterans.Section 6 Worker Rights a. The Right of AssociationThe Soviet-era Labor Code still in effect in Georgia allowsworkers freely to form unions and associations. These unionsand associations must register with the Ministry of Justice. Asingle Confederation of Trade Unions, made up of about 30sectoral unions, is active in Georgia. Membership in laborunions has fallen as the economy collapsed and interest in thelabor movement declined.Strikes are permitted, except during a state of emergency.Because of the extreme economic crisis, however, there were fewstrikes in 1994.There are no legal prohibitions against affiliation andparticipation in international organizations. b. The Right to Organize and Bargain CollectivelyThe Labor Code allows workers to organize and bargaincollectively, and this right is widely respected. The LaborCode also prohibits antiunion discrimination by employersagainst union members. Employers may be prosecuted forantiunion discrimination and, if found guilty, would berequired to reinstate the employees and pay them back wages.The Ministry of Labor investigates complaints but is notsufficiently staffed to conduct effective investigations.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe Labor Code prohibits forced or compulsory labor andprovides for sanctions against violators; violations are rare.The Ministry of Labor enforces the law. d. Minimum Age for Employment of ChildrenAccording to the Labor Code, the minimum age for employment ofchildren is 14 years. Children between 14 and 16 years may notwork more than 30 hours per week. Reportedly, the minimum ageis widely respected. Because of the Ministry's inadequateresources, unions themselves are often left to enforce theminimum age law. e. Acceptable Conditions for WorkA nationally mandated minimum wage applies only to thegovernment sector. In December 1994, the Government raised theminimum wage to about $0.50 (1.5 million coupons) a month.There is no state-mandated minimum wage for private sectorworkers, who are free to bargain for any wage.The law provides for a 40-hour workweek, including a 24-hourrest period, although the Government adopted a 35-hour workweekfor the winter period from November 15, 1994, through February15, 1995. The energy crisis in mid-November further promptedthe Government to permit government workers at their discretionto reduce their workweek to 30 hours.The Labor Code permits higher wages for hazardous work andpermits a worker in such a field to refuse duties that couldendanger his life. The Government has not addressed furthersafeguards for workers.</text>
</content>
<name> </name>
<script></script>
</card>
card_26808.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GEOGIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 GEORGIAGeorgia declared independence from the Soviet Union in 1991.Following multiparty parliamentary elections in 1992,Parliament chose Eduard Shevardnadze as its Chairman in anuncontested election and named him Head of State. The Head ofState appoints the Prime Minister and the members of theCouncil of Ministers (Cabinet) who, with other executiveofficials, report to him.At the end of 1993, Georgia agreed to a U.N.-brokered cease-fire with Abkhazian separatists, who had forcibly taken controlof the entire Autonomous Republic of Abkhazia in 1993. InApril Abkhazian, Georgian, Russian, and United Nationsrepresentatives signed an agreement on the resettlement ofinternally displaced persons (IDP's); a peacekeeping force,drawn nominally from the Commonwealth of Independent States(CIS) but comprised entirely of Russian forces, was deployedalong the Inguri River which separates Abkhazia from the restof Georgia. The role of the UNOMIG (United Nations ObserverMission in Georgia), already deployed in Georgia, was enlargedto 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 randomviolent crime in Tbilisi, the capital, and curbed some of theabuses committed by these forces. However, corruption on thepart of law enforcement officials and police brutality arepervasive. Police routinely beat and otherwise mistreateddetainees during pretrial detention.Internal conflicts and the disruption of trade links with otherrepublics of the former Soviet Union have left Georgia'seconomy in ruins. Dependent on imported fuels for which theGovernment could not pay, Georgia has endured an acute energycrisis, including the complete stoppage of natural gasdeliveries from Turkmenistan between mid-November and earlyDecember. Water, electricity, and natural gas are frequentlyunavailable, even in Tbilisi, the capital. With industryfunctioning at 20 percent of capacity and inflation as high as50 percent per month, the standard of living of the populationdropped further, making the country dependent on humanitariangrain shipments from abroad.A further burden on the Government's limited resources is thecontribution by the Government to the 250,000 people displacedfrom Abkhazia and a lesser number from South Ossetia. Therefugees and IDP's are housed at government expense inreassigned public buildings and receive small supportstipends. Surveys undertaken jointly by nongovernmentalorganizations and the Government indicated that the displacedand refugees were satisfied with the level of financialsupport, although they remain critical of slow progress inrepatriation efforts. CIS peacekeepers were unable to create asafe environment in Abkhazia for the return of IDP's, statingthat police functions were not part of their mandate. TheAbkhazian authorities allowed only a few hundred ethnicGeorgians to return and, just prior to the first resettlements,razed 4 Georgian villages, killing 20 persons, after unknownassailants had killed 4 Abkhazian police. Abkhazianauthorities called for ethnically cleansing Abkhazia of allGeorgians by September 27 and were credibly reported to havetortured, raped, killed, expelled, and imprisoned hundreds ofGeorgians and other non-Abkhaz.In South Ossetia, a 2-year-old cease-fire, monitored by CISpeacekeepers and the Conference on Security and Cooperation inEurope (CSCE), partially succeeded in curbing human rightsabuses in that region.Human rights abuses continued in the rest of Georgia, includingapparent extrajudicial killings, hostage-taking or kidnaping,police beatings of detainees and demonstrators, arbitrarydetention, denial of fair public trial, and arbitraryinterference with privacy and home. There were no knownsummary executions in 1994, although the state of emergencydecree that permitted the practice was not lifted untilOctober. Freedom of speech, press, assembly, and associationwere significantly less restricted, although some instances ofabuse still occurred.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingIn the fall of 1993, during the state of emergency, theMinister of Internal Affairs reportedly personally shot andkilled at least one of nine youths in Zugdidi who were accusedof looting. The Minister appears so far to have evadedrepeated calls for an investigation into his role in thesummary executions which occurred in Zugdidi in 1993.It is often difficult to distinguish between criminal activityand political killings. For example, the assassination of theDeputy Minister of Internal Affairs in March, in whichindividual police officers were implicated, appears to havebeen the work of mafia elements. The bombing of the ArmenianTheater in Tbilisi in June, which resulted in one death, mayhave been the work of Azerbaijani sympathizers as an outgrowthof the Nagorno-Karabakh conflict. The attempted bombing of aMoscow-bound passenger plane carrying a former Georgian defenseminister, who is also a crime world figure, may have beeneither politically motivated or the work of criminal elements.The paramilitary organization Mkhedrioni, also called theGeorgia Rescue Corps, remains actively involved in widespreadcriminal activity. Since several small factions feud amongthemselves, it is unclear whether recent assassinations ofMkhedrioni 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 detaineesdied, and many others required hospitalization, while beingincarcerated at the Tbilisi interrogation cell in 1993.The head of the Abkhazian parliament reportedly has claimedthat the Abkhazian authorities have made good-faith attempts tobring to trial 40 people associated with political killings andother atrocities carried out against Georgian civilians duringthe war. However, independent observers have not verified thatclaim. b. DisappearanceThe fate of many Georgians and Abkhaz who have disappearedsince 1992 as a result of the Abkhazian conflict is stillunknown. Over 1,000 Georgians are still reported missing,according to the SCHR, which maintains a current list. Someare thought to have been executed, and rumors persist that theAbkhaz are holding others in secret forced labor camps withinAbkhazia.Amnesty International appealed to the Government in 1994 toinvestigate the status of seven ethnic Abkhaz who reportedlywere detained by government forces in Sukhumi in October 1992.Amnesty International listed these persons as "disappeared."The Government considers these individuals missing but reportedthat it had no information about their alleged detention and,without access to Abkhazia, asserted it was unable toinvestigate the matter.Among the many persons who disappeared during the Abkhazianconflict are 46 Georgians whom Abkhazian forces, according tothe Government, seized in September 1993 in Sukhumi, along withthe former chairman of the council of ministers of Abkhazia.The Abkhaz executed the former chairman, despite Russianassurances of safe conduct out of the region, but the fate of27 of his staff members and 19 soldiers is unknown. TheGovernment has repeatedly appealed to international humanrights groups to investigate this case.The 1994 SCHR report charged that peacekeeping contingents inSouth Ossetia engaged in hostage-taking in 1993. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentHigh government officials admit that law enforcement personnelroutinely beat detainees. Officials often resort to physicaland psychological abuse to extract information andconfessions. Most of the abuse reportedly occurs duringpretrial detention.Physical abuse also occurs, though apparently less frequently,during the trial period of a criminal defendant'sincarceration. 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 torelinquish his diary (see Section 1.e.). Domukhovski's wifereported that he was again beaten on December 11, this time byfellow prisoners, but with the complicity of at least oneprison official.Nongovernmental human rights groups reported significantlyfewer abuses by the Georgian security services during 1994. Insome instances, however, the security services reportedlyresorted to threatening, intimidating tactics duringinterrogations.In general, prison conditions deteriorated parallel with theeconomic situation. Prison officials could not provideadequate food and medicines for inmates, who in turn relied ontheir families and friends to supplement the meager supplies.Prison infirmaries lacked medicine to treat diseases liketuberculosis and dysentery, which are prevalent in theprisons. The International Committee of the Red Cross (ICRC)was permitted visitation rights to all regular prisoners butwas not allowed unrestricted access to the extradited formermilitary commander, Lote Kobalia, who served under deposedPrime Minister Zviad Gamsakhurdia and was being held virtuallyincommunicado by the security service.The SCHR reported that prisons were overcrowded, with 12 to 15inmates frequently sharing cells designed for 3 to 4 personsand with 2 persons sharing individual bunks. Interrogationcells are extremely cramped and unsanitary, and prisoners arenot protected from violence and brutal treatment. d. Arbitrary Arrest, Detention, or ExileAlthough the Government nullified relevant Soviet-eralegislation, Parliament still had not finished drafting newlaws governing arrest and detention procedures. While some lawenforcement officials continued to abide by Soviet-era law, theconsequent legal vacuum opened the door to significant abuse.Under the former Soviet-era law, prosecutors issued warrantsfor arrests and searches. Persons caught in the act ofcommitting a crime could be legally arrested without a warrantand be detained for up to 72 hours. After this time, policewere required to request and receive permission from theprosecutor for continued detention. The law requires theprosecutor to file charges within 72 hours, but criminalsuspects are often held in pretrial detention for over a yearbefore prosecutors file formal charges against them.A detainee has the right to demand immediate access to a lawyerand to refuse to make a statement in the absence of counsel.The detaining officer must inform the detainee of these rightsand must notify the detainee's family of his location as soonas possible. A suspect has the right to demand the presence ofcounsel during all questioning. The presence of an attorney ismandatory during the interrogation of a minor or of anindividual accused of a capital crime. The presence of ateacher or a parent is also obligatory during questioning of aminor. However, these rights are frequently violated.Police may administratively detain a person without a warrantfor several violations, including participating in an illegaldemonstration, but a senior Internal Affairs Ministry officialor an administrative judge must approve the detention within3 hours. A judge, who may sentence the defendant for up to 15days' imprisonment, must then decide the case within 24 hours.Authorities frequently ignore these legal requirements.In mid-September, Abkhazian authorities arrested and detainednine ethnic Georgians fishing off the Abkhazian coast, claimingthat the detainees were fishing in Abkhazian territorialwaters. Although the Abkhazian authorities want to exchangethe nine for all Abkhaz currently being held in Georgianprisons, the Government maintains that all Abkhazian prisonerswere transferred to Russian prisons 2 years ago. A few Abkhaz,however, may have been imprisoned since the war in westernGeorgia.The SCHR reportedly successfully negotiated a prisoner swapwith Abkhazian authorities in October. Abkhazian authoritiesreleased a Georgian held since 1991 in exchange for severalethnic Abkhaz who had previously been transferred to Russianprisons.There were no exiles. e. Denial of Fair Public TrialContinuing political instability and legislative disarraystymied any serious attempts at effecting the rule of law inGeorgia. The criminal justice system is governed by a welterof conflicting laws from Georgia's brief period of pre-Sovietindependence, the Soviet era, the Gamsakhurdia presidency (1990to January 1992), and the current State Council period, whichresult in uneven and haphazard justice.Courts of general jurisdiction are undifferentiated as tofunction; judges may hear criminal, civil, and juvenile cases.All courts may act as the court of first instance depending onthe nature and seriousness of the crime, and there are no clearrules to determine which court first hears a case.Prosecutors, ultimately responsible to the Procurator Generalwho is appointed by Parliament, are more powerful than eitherjudges or defense attorneys. Prosecutors direct all criminalinvestigations conducted by the Internal Affairs Ministry,exercise certain supervisory rights over the judiciary'sfunctions, and can request that the Supreme Court review one ofits own decisions. In contrast, the judiciary has littleinfluence over prosecutors. Such a system leaves the judiciaryvulnerable to political and other forms of persuasion,particularly at the local level.The defendant is presumed innocent and by law is supposed toenjoy various due process rights. Judges frequently send casesunlikely to end in convictions back to the prosecutor for"additional investigation." Such cases may then be dropped orclosed, occasionally without informing the court or thedefendant.In practice, fair public trials are the exception rather thanthe norm, due largely to the incompetence and corruption of thejudicial branch, which is packed with Soviet-era appointees.Proceedings are not conducted in an adversarial manner. Manyjudges reportedly accept bribes and take instructions frompowerful individuals both inside and outside the Government.The trial of 19 people implicated in the 1992 attemptedassassination by car bomb of Mkhedrioni leader Jaba Joselianiwhich killed 5 people, including a child, provides the moststriking examples of the denial of due process. Authoritiesrefused 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 hesuffered an apparent heart attack on August 4, the court didnot immediately permit him to be taken to a hospital.Defendant Zaza Tsiklauri was also denied counsel of hischoosing and was assigned the same attorney as Bardzimashvili.This attorney was threatened with disbarment after shecomplained of being assigned against the defendants' wishes.The judge repeatedly denied the requests of defense attorneysfor Tsiklauri and Gedevan Gelbakhiaini to allow their clientsfull access to the documents in the case.There are no known political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceIntelligence agencies, including both Georgian and Russianservices, are credibly reported to monitor private telephoneconversations. Prior to his assassination, Gia Chanturia, thehead of the National Democratic Party, complained publicly thathis office was electronically monitored.Both paramilitary and law enforcement representatives enterhomes without legal sanction. However, most Soviet-era formsof interference diminished.Telephone communications with Abkhazia and South Ossetia arealmost impossible because local authorities exercise controlover them. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsInternal conflict abated in Georgia during 1994. Cease-firesare in place in Abkhazia and South Ossetia, and the Governmenthas reestablished tenuous control over the western region ofthe country. However, in Abkhazia and the cease-fire zonearound Gali, Abkhaz committed egregious human rights abusesagainst the remaining Georgians despite the presence of Russianpeacekeepers. Armed indigenous guerrillas in the so-calledSvanetian-Georgian region of Abkhazia and renegade Georgians inthe Gali region also committed abuses sporadically. Confirmedevidence of human rights violations is difficult to obtainbecause of the lack of access to the region and the fear ofreprisal among the victims.Abkhazian separatists reportedly executed as many as 800Georgians and other non-Abkhaz who remained in the Gali regionof Abkhazia. From January through April, the followingexecutions reportedly took place: 32 in Ganathleba; 40 inGudara; 11 in Muhuri; 14 in Muhurchi; 9 in Tsarchushi; 55 inOkami; 16 in Perveli Gali; and 17 in Nabakevi. The Abkhazpolice reportedly shot some victims. They also allegedlytortured some victims before burning them to death. Rape,which often took place in front of the victim's family, was socommon that there were no attempts to keep statistics. Many ofthose executed allegedly were the elderly and women.Abkhazian police officers on November 15 seized an elderlyethnic Mingrelian man in Kokhoria, attached wires to the man'slegs, and doused him with diesel fuel. They then attached thewires to a battery and repeatedly shocked the man. The man'srelatives found him alive but unconscious. They alerted thepolice commander, who beat and arrested the officersresponsible.Despite international law which provides that IDP's have theright to free, safe, and dignified return to their homes, the250,000 Georgians who fled Abkhazia during the 1993 ethniccleansing campaign were officially allowed to begin returningonly 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 Russianpeacekeeping operation took over in mid-November, Abkhazianforces were in charge of providing security in the Galisecurity zone. Days prior to the first official return ofIDP's in October, 200 Abkhazian police, reportedly in thepresence of the Abkhazian minister of the interior, razed4 Georgian villages in the Gali area, killing 20 persons, afterunknown assailants killed 4 Abkhazian police officers.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressIn practice, freedom of the press in 1994 was almostuniversal. The authorities did not attempt to reimposecensorship of the antigovernment press. Virtually allnewspapers that had been closed in the past reopened, someunder new names.Opposition leaders also obtained uncensored access totelevision and radio broadcast time, although they frequentlycomplained that they did not receive enough air time. Adjarianparliament chairman Aslan Abashidze accused the GeorgianGovernment of denying Adjar television 10 minutes a day tobroadcast on Georgian television. However, the energy crisis,damage from a fire in October at the Tbilisi radio andtelevision tower, and paper shortages limited all media.Journalists covering demonstrations were subject to policebeatings through most of the year, as well as to harassment bypolitical forces opposing their views. On average, police beatone or two journalists per month, including a local Reutersreporter on June 14 and another journalist during the Octobervisit of the U.N. Secretary General. b. Freedom of Peaceful Assembly and AssociationThe Government was more tolerant of antigovernmentdemonstrations during 1994 than in previous years. However,law enforcement troops continued to disperse unsanctionedrallies, sometimes forcibly. In practice, the Governmentallowed demonstrations anywhere except along the mainthoroughfare, Rustaveli Avenue, provided the organizersrequested permission in advance. Opposition groups apparentlydid not always seek permission and then complained that policeharassed them while dispersing unsanctioned rallies.Frequently, the Government preemptively deployed special police(OMON) units, whose chilling presence intimidated would-bedemonstrators.On frequent occasions, police briefly detained oppositionleaders who organized unsanctioned demonstrations. On July 9,police and OMON units forcibly broke up a demonstrationorganized by several opposition parties, and police detained atleast one of the radical opposition leaders. c. Freedom of ReligionThe Government took no actions to restrict freedom of religion. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe old Soviet system of registering residency still remains inplace, although enforcement is uneven. Both foreign andinternal travel, as well as emigration, are unrestricted.There are, however, practical problems with travel in the areasof former conflict (see Section 1.g.).Citizens generally enjoy the right to return, but there iscontinuing controversy over the desire of former, primarilyMuslim,residents of the Mskheti region, deported from Georgiaby Stalin in 1944 to return to that area. Approximately270,000 Mskhetians now living in Russia, Azerbaijan, Ukraine,Kazakhstan, and other parts of Central Asia face significantpopular opposition to their return. The Cabinet issued adecree on August 23 that would permit the Mskhetians to return;Parliament, however, has not yet passed the legislation toimplement it. In November, 150 Mskhetians attempted to returnvia Tskhinvali in South Ossetia, but Russian peacekeepers andGeorgian police reportedly stopped them. However, theGovernment has established a repatriation service, whichcurrently subsidizes the study of 100 young Mskhetians inGeorgia.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe 225-member Parliament and its chairman, EduardShevardnadze, were elected in nationwide, multiparty electionsin 1992, which international observers judged to be generallyfree and fair despite widespread technical violations.Parliament is drafting a new election law to govern the nextelections, scheduled for October 1995.In the Adjar Autonomous Republic, Aslan Abashidze was electedchairman of the Supreme Council in free and fair elections in1991. The next parliamentary elections are scheduled forOctober 1995.Women and minorities are less well represented in Parliamentthan they were during the Soviet or Gamsakhurdia eras. Theparticipation of women in politics is generally limited, partlyas a result of longstanding cultural traditions and partly as abacklash to the Gamsakhurdia era, when women were perceived tobe among the ex-president's most ardent supporters. There areonly 11 women deputies in the Parliament, and there are nowomen serving in ministerial posts. The lack of support forminority candidates may reflect some resonance forGamsakhurdia's proethnic Georgian policies and the resultingconflicts.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government does not prevent nongovernmental organizationsfrom investigating human rights violations. There are severalorganizations which profess to be human rights monitors, butthey often are composed of political opponents of the currentGovernment and have largely political, rather than humanrights, agendas. The members of the All-Georgian Associationof Human Rights, the Helsinki Union of Georgia, and theHistorical Justice League predominantly were supporters offormer president Gamsakhurdia.In October President Shevardnadze issued a decree that chargedthe SCHR with inspecting the conditions of detainees andinmates, offering written appeals to the appropriate officialsto eliminate such abuses, and inspecting the conditions ofdetainees and prisoners. It issued a report on human rights inGeorgia, highlighting a variety of abuses cited above.The Government cooperates with international human rightsorganizations. It assisted Human Rights Watch/Helsinki invisiting 19 persons on trial for terrorism and other crimes(see Section 1.e.) who claimed their human rights wereviolated, as well as in other investigations. However, noorganization has yet obtained access to Lote Kobalia (see</text>
</content>
<name>Georgia </name>
<script></script>
</card>
card_26473.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: THE GAMBIA HUMAN RIGHTS PRACTICESAUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 THE GAMBIAOn 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingAn 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. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentWhile 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 ExileBefore 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 TrialThe 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 CorrespondenceAlthough 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 PressThe 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 AssociationThe 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 ReligionAdherents of all faiths are free to worship without government restriction. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationFreedom 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 GovernmentCitizens 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 RightsThe 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 StatusThere is no officially sanctioned discrimination based on race, sex, religion, disability, language, or social status. WomenAlthough 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. ChildrenThe 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 DisabilitiesThere 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 AssociationLabor 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 CollectivelyThe 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 LaborThe Criminal Code prohibits compulsory labor, and it is not practiced. d. Minimum Age for Employment of ChildrenThe 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 WorkMinimum 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.</text>
</content>
<name>The Gambia </name>
<script></script>
</card>
card_26181.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GABON HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationThe 1991 Constitution places no restrictions on the right ofassociation and recognizes the right of citizens to form tradeand labor unions. A Labor Code adopted in 1978 governs alllabor activities. Unions must register with the Government inorder to be recognized officially. Public employees mayunionize although their right to strike is limited in areaspertaining to public safety. Until 1990 there was only onerecognized labor organization, the Gabonese LaborConfederation (COSYGA), to which all workers contributed amandatory 0.4 percent of their salaries. In 1992 theGovernment accepted the establishment of independent unionsand abolished the mandatory COSYGA contribution.In May, after lengthy consultations with labor leaders, theNational Assembly passed a long awaited series of revisions tothe 1978 Labor Code. Six years in the making, these changesclarify or bring up to date numerous sections of the oldCode. The previous legislation recognized COSYGA as the onlyofficial labor organization, despite the fact that theGabonese Confederation of Free Unions (CGSL) has beenfunctioning and actively recruiting members for nearly 3years. Other provisions of the new Labor Code establishclearer procedures governing negotiations and strikes, areaswhich were vague under the 1978 Code. At year's end, theMinistry of Labor had not yet implemented the new Labor Code.Under current regulations, strikes are legal if they occurafter an 8-day notice advising that outside arbitration hasfailed. The 1978 Labor Code prohibits direct governmentaction against individual strikers who abide by thearbitration and notification provisions and also provides thatcharges may not be pressed against a group as a whole forcriminal activities committed by individuals. In 1994,however, the Government took action against strikers and unionleaders on a number of occasions. In February, following thedevaluation of the CFA franc, COSYGA called a general strikeaimed at forcing the Government to negotiate wageadjustments. The strike succeeded in stopping work in PortGentil, the center of the petroleum sector. At one pointlabor demonstrations became violent. The Government respondedby arresting COSYGA's Port Gentil representative and two otherunion members, holding them for 3 days. Five days later, CGSLalso called on its members to join the strike. Oppositionparties rallied along with strikers, and violence broke out inLibreville and the north. The Government arrested a number ofpersons, including union members, detaining many for up to 2months without charge (see Sections l.a., l.c. and l.f.). InMarch the leader of Libreville's postal and telecommunicationsunion was dismissed, ostensibly for political and laboractivities.Unions and confederations are free to affiliate withinternational labor bodies and participate in theiractivities. COSYGA is directly affiliated with theOrganization of African Trade Union Unity, while CGSL isaffiliated with the International Confederation of Free TradeUnions. Both COSYGA and CGSL have strong ties with numerousother international labor organizations. b. The Right to Organize and Bargain CollectivelyThe Labor Code provides for collective bargaining. Labor andmanagement meet to negotiate differences, and the Ministry ofLabor provides an observer. This observer does not take anactive part in negotiations over pay scales, workingconditions, or benefits. Agreements also apply to nonunionworkers. While no laws specifically prohibit antiuniondiscrimination, the court may require employers found guiltyby civil courts of having engaged in such discrimination topay compensation. Unions effectively used collectivebargaining provisions to negotiate wage increases followingthe devaluation of the CFA franc. c. Prohibition of Forced or Compulsory LaborThe law prohibits forced labor. Despite this, there werenumerous reports of prisoners and detainees--principallyforeigners--being forced to provide unpaid labor. Securityforces routinely "sweep" the large African neighborhoods tocheck residence and identity documents, and at times they evendetain without charge foreigners in possession of validpaperwork. Police or gendarmes often hold these persons inprison overnight and force them to work at governmentfacilities, on public grounds, or even in the homes ofministers, military officers, or other members of theGovernment. d. Minimum Age for the Employment of ChildrenGabonese children below the age of 16 may not work without theexpress consent of the Ministries of Labor, Education, andPublic Health. These ministries rigorously enforce this law,and there are few Gabonese under the age of 18 working in themodern wage sector. A significant number of expatriateAfrican children work in marketplaces or perform domesticduties. The U.N. Children's Fund (UNICEF) and other concernedorganizations have reported that government officials oftenprivately use foreign child labor, mainly as domestic oragricultural help. These children do not go to school, havelittle means of acquiring medical attention, and are oftenvictims of abuse. Laws forbidding child labor theoreticallyextend protection to foreign children as well, but abusesoften are not reported. e. Acceptable Conditions of WorkThe 1978 Labor Code and the 1982 General Convention of Laborgovern working conditions and benefits for all sectors andprovide a broad range of protection to workers. The Codestipulates a 40-hour workweek with a minimum rest period of48-consecutive hours. Employers must compensate workers forovertime work. Foreign and local companies in the modern wagesector pay competitive wages and grant generous fringebenefits, including maternity leave and 6 weeks of annual paidvacation. Despite austerity measures and difficulties inservicing foreign debt, the Government and the private sectorhave generally met their payrolls on time.Each year representatives of labor, management, and Governmentmeet to examine economic and labor conditions. They recommenda minimum wage rate within government guidelines to thePresident, who then issues an annual decree. Following the 50percent devaluation of the CFA franc, the Government and mostprivate sector employers instituted a 14.9 percent wageincrease, the maximum amount allowed under the tentativeagreement 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 significantdecrease in purchasing power.The Ministry of Health has established occupational health andsafety standards but does not effectively enforce or regulatethem. Industry application of labor standards varies greatlydepending upon company policy. The Government reportedly didnot enforce Labor Code violations in sectors where the bulk ofthe labor force is African. Foreigners, both documented andundocumented, may be obliged to work under substandardconditions, may be dismissed without notice or recourse or,especially in the case of illegal aliens, be physicallymistreated. Employers frequently require longer hours of workand pay less, often hiring on a short-term, casual basis onlyin order to avoid paying taxes, social security, and otherbenefits.</text>
</content>
<name> </name>
<script></script>
</card>
card_26064.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: GABON HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 GABONIn December 1993, Gabon held its first contested presidentialelection since 1964. The election was marred by seriousirregularities, including a secret vote count that excluded allbut government observers. It resulted in the reelection ofincumbent President Omar Bongo, who has ruled the country since1967. Immediately following announcement of the results, agroup of opposition candidates filed suit in the ConstitutionalCourt to have the election declared invalid. Second-placecandidate Paul Mba Abessole declared himself president andestablished a "parallel government." In January theConstitutional Court rejected the opposition candidates' suit,in part because many had accepted posts in Abessole'sunconstitutional "government." Although Bongo ostensiblydisassociated himself from the former single ruling party (theGabonese Democratic Party, or PDG, which he had formed in 1968)and had run as an independent, the PDG still provides the bulkof his support. It retains a majority in the National Assemblyand provides most of the members of the Cabinet. On October 7Government and opposition leaders signed an agreement inLibreville, known as the "Paris Accords," to allow oppositionmembers to join the Government, and establish an independentNational Electoral Commission. The new Government formed inNovember with 6 opposition leaders among 27 cabinet ministers.A gendarmerie and a police force normally maintain publicsecurity. In 1994, however, the Government used the elite andheavily armed Presidential Guard on several occasions torestore and enforce public order. It was responsible fornumerous human rights abuses.Although a one-party state until 1990, Gabon has adhered tostrongly capitalist economic policies and welcomes foreigninvestment. Thanks to petroleum reserves and a population ofonly 1.2 million, it has a per capita income of more than$3,500 per year. Nevertheless, corruption, financialmismanagement, the precipitous decline in petroleum prices, andneglect of the agricultural sector have forced the Governmentto adopt austerity measures. The 14-member CommunauteFinanciere Africaine, of which Gabon is a member, agreed inJanuary to devalue its currency, the CFA franc, by 50 percent,to 100 CFA to 1 French franc. The resulting economicuncertainty led to numerous strikes and demonstrations in thefirst half of the year, some of which became violent.The controversy attending the presidential elections andreactions to the CFA devaluation led to clashes betweensecurity forces and supporters of opposition parties duringFebruary and again in March. Security forces were directlyimplicated in the killings of at least 15 Gabonese and 70foreign nationals (according to official figures) and wereresponsible for destroying an opposition radio station and theresidence of opposition leader Abessole. The Governmentbriefly held numerous persons without charge. Oppositionsupporters also engaged in politically motivated violence.From the beginning of the year until April 10, the Governmentimposed a "state of alert" which curtailed numerous individualrights and freedoms and granted security forces extralegalpowers. Other longstanding human rights abuses includedsecurity forces' mistreatment of detainees, abysmal prisonconditions, societal discrimination and violence against women.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingGovernment authorities were responsible for many confirmedextrajudicial killings. In February, between 67 and 102prisoners died while in detention in Libreville. Afterdetaining at least 300 West Africans who were attempting toenter Gabon illegally, gendarmes beat many, then forced theentire group into four prison cells meant to hold 12 personseach. The Government first attributed the deaths to a prisonbrawl, and claimed that 67 adult males had died. However, bothpolice sources and human rights groups put the number at 102,including 15 women and children, and survivors themselvesreported that no brawl had occurred. Reportedly, foreignersdied of suffocation, dehydration, and in some cases of injuriessustained during beatings. The Government claimed that a fullinvestigation was underway, but by year's end it had issued noreport.During political clashes in late February, security forcesacknowledged responsibility for the deaths of seven Gabonesecitizens and blamed demonstrators for killing two gendarmes.Family members confirmed that security forces beat FrancoisD'Assisses Obiang-Ebe to death at his home in the northern townof Oyem. Witnesses also confirmed that Presidential Guardforces killed Antoine Mba Ndong, an Abessole bodyguard, whenthey attempted to arrest the candidate.Unofficial sources reported that as many as 35 died duringconfrontations, including 8 members of the security forces.In the northern town of Oyem, an anti-government demonstrationturned violent when a member of the security forces shot andkilled a demonstrator. In Libreville, opposition partysupporters were responsible for publicly beating to death PDGparty member Kamga Komo. By year's end, the Government hadannounced no results of any investigation and had not arrestedsuspects in any of these cases.In December 1993, a soldier of the Presidential Guard detainedand publicly shot a demonstrator. The Government has stillissued no official report, nor has it revealed the name of thesoldier whom it allegedly arrested. b. DisappearanceThere were no confirmed disappearances or abductions ascribedto government security forces or any other group. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution prohibits the use of torture and inhuman orextreme punishment. However, security forces regularly beatprisoners and detainees and humiliated male detainees bypublicly stripping them and shaving their heads. Securityforces employed other forms of torture to exact confessions.Eyewitnesses reported seeing prisoners tied to chairs, dousedwith ice water, or made to crawl on their stomachs over gravelor sun-baked asphalt. There were other credible reports ofsecurity forces exacting confessions by beating the soles ofprisoners' feet or by bending or twisting fingers. Numerouspersons--including opposition party leaders and oppositionjournalists--detained in connection with politically motivatedviolence in February and March alleged beatings, torture, andother humiliating treatment during detention (see Sectionl.d.). One journalist at the opposition-controlled RadioLiberte, Nang-Veca Bryce, attracted international attentionwhen an opposition newspaper falsely reported that authoritieshad tortured him to death in prison. When eventuallyreleased, Bryce said he had been beaten, humiliated, andforced to swear allegiance to President Bongo.Conditions in most prisons are abysmal and life threatening.Sanitation and ventilation are poor, and medical care almostnonexistent. Prisons rarely provide food, and there areunconfirmed reports that prisoners are deprived of water as afurther means of punishment. d. Arbitrary Arrest, Detention, or ExileThe law provides for up to 48 hours of initial preventivedetention, during which time police must charge a detaineebefore a judge. In practice, however, police rarely respectthis provision. Bail may be set if there is to be a furtherinvestigation. There were, however, numerous instances ofdetention without charge, often for political reasons. InFebruary Presidential Guard forces attacked and destroyed twoopposition radio stations run by the Bucheron Party (seeSection 2.a.). The Government arrested at least 10 radiostation employees and Bucheron Party leaders, along with some80 other persons associated with riots and disturbances thatfollowed the attacks. In Libreville authorities held Bucheronleader Jules Mba Bekale without charge for 48 hours beforereleasing him. Some 54 other detainees spent 3 weeks inprison before finally being charged. Among these wasjournalist Nang-Veca Bryce, who was eventually charged andreleased on bail in early May. In Oyem police detained partyleader Athanase Ondo Mintsa, 3 of his sons, and some 29 otherswithout charge for more than 2 months. A union leader in PortGentil was detained in connection with a strike but releasedafter 24 hours. At year's end, the Government held no personsfor strictly political reasons.The Government frequently continued to detain both illegal andlegal refugees without charge. Many foreign nationalsreported they were mistreated and forced to provide unpaidlabor (see Section 6.c.).Exile is not used as a punishment nor as a means of politicalcontrol, and there are no opposition leaders currently livingin exile. e. Denial of Fair Public TrialThe judicial system includes the regular courts, a MilitaryTribunal, and a civilian State Security Court. In September,the National Assembly passed a series of reforms to reduceobstacles the regular court system to try to reduce thebureaucracy private citizens face when bringing suits. Theregular court system includes trial courts, appellate courtsand the Supreme Court. The Constitutional Court is a separatebody charged with examining constitutional questions,including the certification of elections. There are notraditional or customary courts. In some areas minor disputesmay be taken to a local chief, but the Government does notrecognize such decisions. The State Security Court, lastconvened in 1990, is constituted by the Government on an adhoc basis to consider matters of state security.The Constitution provides the right to a public trial and theright to legal counsel. These rights are generally respectedin criminal cases. Nevertheless, procedural safeguards arelacking, particularly in state security trials, and thejudiciary remains vulnerable to government manipulation. Thelaw still applies the concept of presumed guilt. A judge maythus deliver an immediate verdict at the initial hearing ifsufficient evidence is presented.Although the Constitutional Court ratified the officialresults of the 1993 presidential election that were widelyconsidered to have been manipulated by the Government, itdemonstrated on other occasions an ability to actindependently of the executive. In a separate development,the Government relieved the State Prosecutor for EstuaireProvince of her duties, allegedly because she dismissed forlack of sufficient evidence a weapons charge against thebodyguard one of the President's principal rivals. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution provides protection from surveillance, fromsearches without warrant, and from interference with privatetelecommunications or correspondence. As part of criminalinvestigations, police may issue search warrants, which areeasily obtainable and often granted after the fact. TheGovernment has used them to gain access to the homes ofopposition figures and their families. Government authoritiesalso routinely monitor private telephone conversations,personal mail, and the movements of citizens. Human rightsmonitors, opposition figures, union leaders, foreigndiplomats, and even members of the Government have allreported being followed, watched, or otherwise monitored byauthorities at various times.The state of alert in effect from the beginning of the yearuntil April 10 imposed a curfew and granted the Governmentnumerous extralegal powers to limit an individual'sconstitutional rights. Security forces routinely entered andsearched private homes, offices, and vehicles without awarrant during this period. In February government troopsattacked and ransacked an opposition radio station and thehomes of two leading opposition politicians (see Section2.a.), confiscating or destroying a considerable amount ofproperty.After August, when most of the reshuffling of personnel withinministries was complete, there were no further confirmedreports of dismissal of government or military personnel dueto political affiliation. One of the opposition's negotiatingdemands in pursuit of a government of national unity wasreinstatement of persons so dismissed.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for the right of free speech andpress, and in practice, citizens speak freely and criticizeleaders. Legislators in the National Assembly openlycriticize government policies, ministers, and other officials.Although the Government had effectively banned all oppositionperiodicals for a 2-month period in 1993, print journalismthrived throughout the year. In contrast, the Governmentseverely restricts the electronic media which reaches allareas of the country. There is one government-controlleddaily newspaper, L'Union, and more than a dozen lively,outspoken weekly independents, most of which are controlled bythe opposition. All--including L'Union--actively criticizedthe President, the Government, and political leaders of allparties. Later in the year, L'Union granted increasinglybalanced coverage to opposition political figures and events.In February the Government issued a decree requiring alljournalists to carry a government-issued press card, creatingfears of unfair allocation and of discrimination againstopposition journalists. The Minister of Communicationsconvoked the press corps in August to discuss the matter butdid not implement the decree's provisions by year's end.The Government did not respect freedom of the press for theelectronic media. On February 22, armed Presidential Guardcommandos attacked and completely destroyed theopposition-owned Radio Liberte station in Libreville, touchingoff a wave of social unrest and violence that lasted fornearly a month. Claiming that the station was promoting "hateand ethnic violence," Armed Forces Chief of Staff IdrissNgari, who 6 weeks later became Minister of Defense, publiclydeclared the following day that he personally had ordered theattack. This followed the December 16, 1993, destruction ofanother opposition radio station, Frequence Libre. While theGovernment never claimed responsibility, numerous rumorscirculated that the Presidential Guard had been responsiblefor destroying Frequence Libre as well. The Government hadnot undertaken a credible or public investigation of eitherevent by year's end. There are currently no opposition-controlled radio or television stations.In April authorities arrested and deported without due processFrench journalist Yves Jaumanin. A member of the organizationReporters Without Borders, Jaumanin was researching the caseof arrested journalist Nang Veca Brice. The Government gaveno explanation for the expulsion.There is no official interference with broadcasts ofinternational radio stations Radio France 1, Africa No. 1, andVoice of America. Foreign newspapers and magazines are widelyavailable.There are no restrictions on academic freedom, includingresearch. b. Freedom of Peaceful Assembly and AssociationCitizens and recognized organizations normally enjoy freedomof assembly and association, although groups must by lawobtain permits for public gatherings in advance. The state ofalert in effect until April severely limited exercise of theserights. The Government prohibited all large public gatheringsand forbade opposition groups to meet. When groups organizedunauthorized demonstrations, the Government used force todisperse crowds. The prohibition on public meetings evenapplied to social gatherings such as those in public bars.This latter provision was loosely enforced, but police did useit to harass, to intimidate, and often to extort money fromcitizens. Opposition parties convened a number ofunauthorized public demonstrations that turned violent. c. Freedom of ReligionThe Constitution provides for religious freedom, andauthorities do not engage in religious persecution orfavoritism. While the Government has not lifted a ban onJehovah's Witnesses, neither has it enforced the ban.Jehovah's Witnesses received permits and conducted largepublic gatherings in 1994. There is no state religion. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThere are no legally mandated restrictions on internalmovement, but authorities routinely hindered domestic travel.Police and gendarmes frequently stop travelers to checkidentity, residence, or registration documents and extortionbecame increasingly frequent. In particular, security forcesused the provisions of the state of alert to monitor and limitmovement. Police detained, fined, and often mistreated anyoneon the streets after the curfew. Also during the periods ofunrest in January and February, groups associated with variouspolitical interests set up roadblocks throughout Librevilleand in other urban centers, seriously impeding movement andoften stimulating violence, notably toward foreigners, bothAfricans and Europeans.On three occasions between December 1993 and February 1994,the Government prevented a group of opposition leaders fromtraveling 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 theywished to travel abroad. The Gabonese Center forDocumentation continued to require extensive paperwork beforegranting a passport and often delayed issuance for up to ayear. Members of the opposition and certain ethnic groupsalleged discrimination in the granting of passports. Anunevenly enforced law requires married Gabonese women to havetheir husbands' permission to travel abroad. An exit visa forcitizens is no longer required for travel abroad.The restrictions placed on the movement and travel of thenearly 250,000 non-Gabonese Africans living in Gabon aresevere. Members of the security forces routinely harassexpatriate merchants, service sector employees, and manuallaborers, extorting bribes and services with the threat ofimprisonment. Residence permits cost roughly $1,000;nevertheless, authorities frequently rounded up and detainedeven documented expatriates. African diplomats complainedthat their citizens, when detained, were mistreated, forced toprovide labor, and often beaten. The authorities rarelyinformed consulates when they detain foreigners. Non-Gabonesemust obtain an exit visa in order to leave Gabon and oftenexperience difficulties when trying to reenter the country.Illegal aliens face the harshest limitations andmistreatment. The most egregious example occurred when some70 or more illegal aliens died of suffocation and dehydrationin prison (see Section l.a.). The Government instituted aprogram of voluntary departure for illegal aliens incooperation with resident consular missions, led to areduction of abuses. However, the Minister of Defense hasannounced that this program will be discontinued in 1995.The Government still controls the process of refugeeadjudication, and its policy is strict. Coordination with theU.N. High Commissioner for Refugees (UNHCR) has improved,however, and there were no credible reports that theGovernment forcibly repatriated illegal aliens. There wereabout 200 refugees in Gabon at year's end.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe 1991 Constitution explicitly provides this right, but themismanagement and serious irregularities in both the 1990 andthe 1993 presidential elections called into serious doubt theextent to which this right exists in practice.In the presidential elections, supporters of various politicalfactions engaged in illegal activities, such as voter cardtrafficking and multiple voting. The ballot count, under thecontrol of the Minister of Territorial Administration, tookplace in secret, with all impartial observers excluded. Afterthe Minister declared that incumbent President Bongo had wonwith 51.18 percent of the vote, various individuals presentedstrong evidence that two Libreville districts--neighborhoodsknown to support the opposition--were left uncounted. TheGovernor of the Estuaire Province, where Libreville islocated, was among those making this allegation. Shortlythereafter, she was dismissed from office. In PresidentBongo's home region of Haut Ogoue, the number of ballots castin his favor exceeded the population reported by the 1993census. Nevertheless, the Constitutional Court ruled againsta petition to annul the results.Citing organizational problems and an unsettled politicalclimate, the Government postponed until May the municipalelections that were scheduled to take place immediately afterthe presidential elections. In May the Government againpostponed these elections until early 1995.There are no restrictions on the participation of women andminorities in politics. There are 6 women among the 120National Assembly deputies and 3 in the Cabinet. Women serveat all levels within the various ministries, the judiciary,and the opposition. Despite governmental protections,indigenous Pygmies rarely participate in the politicalprocess, and the Government has made only marginal efforts toinclude them (see Section 5).Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government officially allows the existence of independenthuman rights groups. However, the most vocal and dedicated ofthese, the Gabonese League of Human Rights (GLHR), reportedbeing censured, threatened and intimidated. GLHR PresidentFrancois Ondo Nze alleged that security authorities followedhim, and that agents of the Presidential Guard had onceattempted to run his car off the road at high speed. Ondo Nze(one of the longest serving members of the Gabonese BarAssociation) also reported receiving threatening calls frommilitary leaders, including the Minister of Defense. A lawyerat the GLHR reported receiving anonymous telephone callsthreatening her and her children.In March alleged political prisoners being held in Oyem hiredOndo Nze as their legal representative. Authorities grantedhim access to the prisoners at that time, but only in hiscapacity as legal counsel. Shortly afterward, he wrote to theMinister of Territorial Administration requesting permissionto visit other prisoners and prison facilities in his capacityas GLHR President. The Government refused this request inproceedings to disbar Ondo Nze, alleging that he had defraudedand overbilled clients. Nze challenged the move in theSupreme Court, which in June cleared him of any wrongdoing.Nonetheless, the Bar suspended Ondo Nze for 1 year, sendingwhat was generally perceived by other human rights activistsas a threatening signal.There have been no active inquiries from foreign groups inrecent years. However, the Government showed initialreluctance to accept international election observers who werenot of its own choosing and did not permit independentobservers to witness the counting of ballots.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe 1991 Constitution forbids discrimination based on nationalorigin, race, gender, or opinion. WomenThe law provides that women have rights to equal access ineducation, business, and investment. Women own businesses andproperty, participate in politics, and currently workthroughout the government and the private sector. Womennevertheless continue to face considerable societal and legaldiscrimination, especially in rural areas. For monogamousmarried couples, a common property law provides for the equaldistribution of assets after divorce. Polygyny is alsolegally and culturally accepted; however, wives who leavepolygynous husbands incur severe reduction in their propertyrights. In inheritance cases, the husband's family must issuea written authorization before his widow can inheritproperty. Common law marriage, which is socially accepted andwidely practiced, affords a woman no property rights. Thereis still a requirement in law that women obtain theirhusband's permission to travel abroad although it is notconsistently applied.Violence against women is common and especially prevalent inrural areas. While rape has not been specifically identifiedas a chronic problem, religious workers and hospital staffreport that physical beatings are common. Police rarelyintervene in these cases. ChildrenTraditional beliefs and practices provide numerous safeguardsfor children, but children remain the responsibility of theextended family--including aunts, grandmothers, and oldersiblings. The Government has used Gabon's oil wealth to buildschools, 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 infantmortality and access to vaccination. There is growing concernabout the problems facing the large community of expatriateAfrican children. Almost all enjoy far less access toeducation and health care than do nationals. Expatriatechildren are also victims of child labor abuses (see Section6.d.). There is little recorded evidence of specific physicalabuse of children. Indigenous PeopleSeveral thousand indigenous Pygmies live in southern Gabon.In principle, they enjoy the same civil rights as othercitizens. Pygmies are largely independent of formalauthority, keeping their own traditions, independentcommunities, and local decision making structures. Pygmiesdid not participate in government-instituted policies thatintegrated many small rural villages into larger ones alongmajor roads; thus their access to government-funded health andsanitation facilities is limited. There are no specificgovernment programs or policies to assist or hinder Pygmies. National/Racial/Ethnic MinoritiesPersons from all major ethnic groups continued to occupyprominent positions in Government, the military, and theprivate sector. Credible reports suggest, however, thatethnic favoritism in hiring and promotion occurs on a fairlyregular basis throughout the public and private sectors. Nearthe end of 1993 as the election drew near, the campaign tookon an increasingly ethnic overtone. The major oppositionparty, the Bucherons, drew most of its support from Gabon'slargest ethnic group, the Fang. After the elections, manyFang accused the incoming Government of activelydiscriminating against them in naming the members of the newgovernment and in redistributing government and militaryposts. There was evidence, especially within the armedforces, that members of the President's ethnic group occupieda disproportionate number both of senior positions and of jobswithin the ranks. During the unrest of January and February,human rights groups alleged that those the Government arrestedwere principally of the Fang ethnic group. People with DisabilitiesThere are no laws prohibiting discrimination against personswith disabilities, nor providing for accessibility for thedisabled. Various groups, both independent and associatedwith the Government, have initiated projects to assisthandicapped persons.</text>
</content>
<name>Gabon </name>
<script></script>
</card>
card_25602.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: FRANCE HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 FRANCEFrance 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere were no reports of disappearance. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialThe 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 CorrespondenceFrench 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 PressThe 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 AssociationThe 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 ReligionThe 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 RepatriationThe 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 GovernmentCitizens 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 RightsA 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 StatusStatutes 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. WomenThe 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. ChildrenThere 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 MinoritiesAnti-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 MinoritiesThe 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 DisabilitiesThe 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 AssociationThe 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 CollectivelyWorkers, 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 LaborForced 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 ChildrenWith 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 WorkFrance 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).</text>
</content>
<name>France </name>
<script></script>
</card>
card_25578.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: FINLAND HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 FINLANDFinland 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reported cases of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe law provides for freedom from arbitrary arrest, and the Government fully respects this provision. Police may hold a suspectwithout charge for up to 7 days. From the start the suspect has accessto 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe Constitution provides for freedom of peaceful assembly and association, and the authorities fully respect this. For publicdemonstrations, the organizers must give prior notification to the police, who routinely pose no objections. c. Freedom of ReligionThe 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 RepatriationCitizens 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 GovernmentFinland 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 RightsSeveral 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 StatusThe Constitution prohibits any discrimination based on race, sex, religion, language, or social status, and the Government effectively enforces these provisions. WomenThe 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 ofShelter 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. ChildrenThe national consensus supporting children's rights is enshrined in law, which provides extensive protection for them. National/Racial/Ethnic MinoritiesThe 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 DisabilitiesAlthough 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 AssociationThe 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 CollectivelyThe 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 LaborThe Constitution prohibits forced or compulsory labor, and such practices do not occur in Finland. d. Minimum Age for Employment of ChildrenYouths 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 WorkThere 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.</text>
</content>
<name>Finland </name>
<script></script>
</card>
card_25206.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: FIJI HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 FIJIFiji's system of parliamentary democracy was interrupted in1987 by the installation of a military-led regime following twobloodless coups. Fiji returned to elected government in 1992.That government fell in November 1993 over failure to pass abudget for 1994. The subsequent general election in February1994 returned substantially the same government to office.Ethnicity plays a major role in Fiji's politics, economy, andsociety. Fiji's more than 770,000 people constitute amultiracial society about evenly divided between indigenousFijians and ethnic Indians. Indo-Fijians dominate the economyand professions and are well represented in the lower andmiddle levels of the public service, while ethnic Fijianscontrol the political structures and land rights and make upthe bulk of the nation's military forces.The small but professional Fiji Military Forces (FMF) and aseparate police force report to and are under the control ofthe Minister for Home Affairs and, ultimately, the President.In 1990, the Government also established the Fiji IntelligenceService, with limited powers to search people and property, taptelephones, and open mail. There continue to be reports ofhuman rights abuses by the police.Sugar and tourism constitute the mainstays of the economy,accounting for almost half of the nation's foreign exchangeearnings. The Government is promoting light manufacturing forexport, notably in the garment industry, to diversify theeconomy and lessen its dependence on sugar and tourism.The principal human rights problem in 1994 remainedconstitutionally imposed and ethnically based politicaldiscrimination. Improvements in labor rights following the1993 revision of certain restrictive 1991 labor decreescontinued. Other human rights abuses include police brutality,inhibitions on freedom of the press, continued delays inbringing criminal and civil cases to trial, and violence anddiscrimination against women.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political killings by the Governmentor any political group.There was one accusation of a death in official custody fromunnatural causes. A man was killed, apparently while beingarrested. Police claimed the victim brandished a knife. Otherwitnesses said he was drunk but unarmed and that the policeused excessive force. The three officers involved werecharged, suspended from the police, and at year's end wereawaiting trial. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentPolice sometimes physically abuse detainees; the authoritieshave punished the offending officers in some instances, butpunishments have been light and thus have not served as aneffective deterrent to others. The police department'sinternal affairs unit investigates complaints of policebrutality and has begun to work with the Ombudsman's office toensure impartial observers in the investigation of complaintsabout police conduct.The law permits corporal punishment as a penalty for criminalacts; strokes of the cane are administered under medicalsupervision, but this provision is rarely invoked. d. Arbitrary Arrest, Detention, or ExileThe Law of Arrest and Detention provides that a person may bearrested only if police believe that a breach of the criminallaw has been or is about to be committed. Arrested personsmust be brought before a court without "undue delay." This istaken to mean within 24 hours, with 48 hours as the exception(such as when an arrest is made over the weekend). Rulesgoverning detention are designed to ensure fair questioning ofsuspects. Defendants have the right to a judicial review ofthe grounds for arrest; in urgent cases defendants may apply toa judge at any time, whether he is sitting or not.Incommunicado and arbitrary detention, both illegal, did notoccur in 1994.Exile is not practiced. e. Denial of Fair Public TrialThe judicial structure was reorganized under the 1990Constitution. The principal courts are the magistrate courts,high court, and the Court of Appeal. The Constitution alsoprovided for a Supreme Court as the court of final appeal, butto date it has not been established. The Court of Appeal isslowly reducing the enormous backlog of cases caused by theGovernment's failure to appoint a president for the court untilDecember 1991 and the court's consequent inability to convenebefore that time.There are no special courts; military courts try only membersof the armed forces. Magistrate courts continue to try thelarge majority of cases. In addition to its jurisdiction inserious civil and criminal cases, the high court is grantedspecial interest jurisdiction on behalf of the public and isempowered to review alleged violations of individual rightsguaranteed under the Constitution.The judiciary is independent under the Constitution and inpractice. There were no credible reports in 1994 that a courtwas influenced by the executive.The right to public trial is guaranteed and defendants have theright to counsel. Trials in the high court provide for thepresence of assessors (citizens randomly selected to representthe community); cases in the magistrate court do not. Inlitigation involving lesser complaints, a public legal advisorassists indigent persons in domestic or family law cases. Theright of appeal exists but is hampered by continuing delays inthe appeals process. Bail procedures mean that most defendantsdo not experience any pretrial detention.The law sometimes treats women differently from men. In someinstances there is a presumption of reduced competence and thusreduced responsibility. For example, only women can be chargedwith infanticide (if a man kills an infant it is treated asmurder). A woman in an infanticide case is presumed to havediminished mental capacity, and sentences are reducedaccordingly.There are no political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceIn general, privacy of the home is respected. However, theIntelligence Service has powers to search people and property,open mail, and tap telephones when a warrant is issued by theNational Security Council, within specific operationalguidelines outlined in the government decree which created it.The Intelligence Service does conduct surveillance of personsit believes represent a security threat. Some politicaldissidents believe their telephones and mail are monitored, butthey have not provided substantiating evidence.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressFreedom of speech is generally respected. Political figuresand private citizens can and do speak out against theGovernment. Although the Public Order Act and other actsprohibit actions that are likely to incite racial antagonism,no arrests for making public statements were reported orbelieved to have occurred in 1994.The Government has broad discretionary powers to imposerestrictions on press freedom, and has used them in the past.The possibility of their use also serves to encourage mediaself-censorship. Concerned over the publication of materialembarrassing to government figures, the Government reneweddiscussion of regulating the media.The Government effectively pressured one weekly newspaperpublisher to suppress publication of information about theprivate life of a senior government official. The Governmentalso expressed its extreme displeasure over what it considereda lack of media accountability for its errors and a lack ofrecourse for those who felt they had been wronged in some way.Inferring a threat of an imposed media watchdog body, late inthe year senior media representatives created the Fiji NewsCouncil, although with less than universal participation bymedia outlets and with considerable opposition from workingjournalists.Legislation pertaining to the press is contained in theNewspaper Registration Act (NRA) and the Press Correction Act(PCA). Under the NRA, all newspapers must be registered withthe Government before they can begin publishing. The PCA givesthe Minister of Information sole discretionary power to order anewspaper to publish a "correcting statement" if, in hisopinion, a false or distorted article has been published.Should the newspaper refuse to publish the Minister'scorrection, it can be taken to court and, if found guilty,fined approximately $700 (individual persons convicted underthe Act may be fined approximately $150 and/or imprisoned for 6months). The PCA allows the Government to arrest anyone whopublishes "malicious" material. This includes anything theGovernment considers false news which could create or fosterpublic alarm or result in "detriment to the public."The media operate without prior censorship but withconsiderable self-censorship. Newspapers occasionally printeditorials critical of the Government, but rarely doinvestigative reporting. They widely report statements aboutthe political situation by opposition figures and foreigngovernments. The letters columns of the two daily newspapersalso frequently carry political statements from a wide crosssection of Fiji society, including members of the deposedprecoup government, which are highly critical of theGovernment, its programs and the Constitution.Criticism--albeit muted--of the once sacrosanct traditionalchiefly system is beginning to appear. However, the Governmentstill views comments about individual chiefs with disfavor.An active local organization, the Fiji Islands MediaAssociation (FIMA), is an affiliate of the regional PacificIslands News Association (PINA). Both FIMA and PINA arepressing for better training and the establishment of codes ofethics for journalists. The Government provided space forhousing the Fiji Journalism Training Institute.The advent of television has raised the specter of censorship,openly advocated by the head of the powerful Methodist Churchin Fiji and others. Fiji's "temporary" television servicephased into a "permanent" service in July. News production isstill in the hands of the Government's video unit and can becharacterized as a digest of government activities, actions,and viewpoints.While academic freedom is respected, the Government haseffectively deterred university employees from participation indomestic politics. Since 1991 staff members of the Fiji-basedUniversity of the South Pacific must take leave if they run forpublic office and must resign from their posts if elected.Senior staff may not hold office in political parties. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides the right to assemble for politicalpurposes, subject to restriction in the interest of publicorder. District officers must issue permits for publicgatherings. The Government does not always grant permits forlarge outdoor political meetings or demonstrations,particularly if the police advise of difficulties with theanticipated crowd size or their ability to assure publicsafety.There was no government interference with political activitiesduring the February general election. Permits were routinelyissued for rallies organized by political parties, religiousgroups, and groups opposed to the Government. All oppositionparty headquarters remain open. Political organizations areallowed to operate and issue public statements. They did sorepeatedly and openly throughout the year. c. Freedom of ReligionThe Constitutional provision for freedom of religion is honoredin practice. The Government does not restrict foreign clergyand missionary activity or other typical activities ofreligious organizations. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Government does not restrict freedom of movement within thecountry or abroad. Occasional detentions at the airport occur,but the courts do not hesitate to order redress where this iswarranted. Fiji citizens are free to emigrate, and theGovernment does not restrict their return if they choose to doso. There are no refugees in Fiji and no forced resettlementprograms.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe constitutional provisions ensuring political dominance byethnic Fijians, primarily through race-based voting rolls andrepresentation in Parliament, abridge the right of citizens tochange their government. Moreover, the Constitution waspromulgated by a nonelected interim government and has not beenapproved by a national referendum. At year's end it was underreview by a parliamentary select committee.The Constitution guarantees ethnic Fijian dominance of theGovernment by providing them with 37 of 70 seats in the electedlower house of Parliament. Indo-Fijians are accorded 27 seats,Rotumans (culturally distinct Polynesians) 1, and all others5. In the Senate (an appointed body with essentially reviewpowers and the right to veto legislation), ethnic Fijians hold24 of the 34 seats, Rotumans 1, and the other groups 9. Otherconstitutional features designed to ensure ethnic Fijiandominance include a requirement that the Prime Minister be anethnic Fijian and selection procedures which virtually ensurethat the President will also be an ethnic Fijian.The Constitution also incorporates a bill of rights, providingfor freedom of speech, assembly, religion, and otheruniversally accepted rights and freedoms. These rights may notbe altered by Parliament except with the approval of two-thirdsof the lower house. However, Parliament is also given theauthority to pass special acts to deal with certain specifiedemergency situations, notwithstanding human rights guaranteesfound in other sections of the Constitution. The AttorneyGeneral's office has taken the view that any legislationintroduced under the emergency powers provision would requirethe approval of two-thirds of the lower house. Critics of theConstitution maintain that only a simple majority would beneeded and that indigenous Fijians in the lower house would beable, solely on the strength of their own numbers, to abrogateconstitutional human rights protections. This interpretationhas never been tested.The President is selected by the Great Council of Chiefs (GCC),a traditional Fijian leadership body. The President appointsthe Fijian members of the Senate on the advice of the GCC andthe provincial councils, and on his own judgment with regard tothe nine members of other races. He appoints the one Rotumansenator on the advice of the Rotuman Council. The Presidentchooses the Prime Minister, who, along with the Cabinet, holdsmost of the executive authority, from among the Fijian membersof the lower house on the basis of ability to command majoritysupport within that body.Elections are held by secret ballot, with voting only bycommunal constituencies. The Constitution calls for electionsevery 5 years, but the Government may call an election at anytime as it did the snap general election in February afterfailing to pass its 1994 budget. The Constitution provides fora formal review of its provisions within 7 years of itspromulgation and every 10 years thereafter.When Prime Minister Rabuka's 1994 budget was rejected byParliament in November 1993, Rabuka asked the Acting Presidentto dissolve that body in accordance with the Constitution. Thesubsequent snap general election in February, considered freeand fair by all observers, returned Rabuka and his party toParliament in strength. Rabuka was again selected as PrimeMinister.Fiji has a dozen political parties. Four are predominantlyIndo-Fijian. The major ones, the National Federation Party(NFP) and the Fiji Labour Party (FLP) pledged to continue theiropposition to the Constitution in the Parliament. NFP and FLPIndo-Fijian parliamentarians are joined on the opposition sideof the legislature by another ethnic Fijian party (the FijianAssociation) and one multiracial party (the All NationalCongress).Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThere are no local groups in Fiji which focus solely on humanrights matters, but the women's rights movement, the labormovement, and various political groups (including organizedpolitical parties) are engaged in promoting human rights.There are also several small, not very active, foreign-basedorganizations which concentrate on human rights causes in Fiji,including the Coalition for Democracy in Fiji (with offices inNew Zealand and Australia) and two United Kingdom-based groups,the International Fiji Movement and the Movement for Democracyin Fiji.The Government in past years inhibited certain investigationsof the political and human rights situation by externalorganizations, considering them to constitute externalinterference in its domestic affairs. However, in 1994 itallowed foreign representatives to attend and participate inthe University of the South Pacific's consultation on thenational agenda. That discussion roundly criticized manygovernment policies and politicians as well as theConstitution. The views expressed were fully and prominentlycovered in the press.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution prohibits discrimination on the basis of, andprovides specific affirmative action provisions to improve theconditions of those disadvantaged as a result of, race, sex,place of origin, political opinion, color, religion, or creed. WomenDespite Constitutional provisions, the Government practiced aform of sexual discrimination in the recognition of spousal andoffspring rights. For example, spouses of Fiji citizen womenare not automatically granted residence, whereas spouses ofFiji citizen males are. Offspring of female ethnic Fijiansmarried to nonethnic Fijians are not entitled to registry inthe document governing which persons share in income fromcommunal ownership of native lands, and who has the right tovote as an ethnic Fijian, and who holds ethnicFijian-designated seats in Parliament. Men, however, conferethnic Fijian status to their offspring regardless of themother's ethnic background. In a high-profile 1992 courtchallenge to the registration restrictions, the son of aChinese father and ethnic Fijian mother won his appeal to beregistered as an ethnic Fijian. The Government withdrew itsappeal of the decision in October. The long-term effects ofthe decision on registration restrictions and, thus, a woman'sright to pass on her ethnic status remain unclear.Women in both the Fijian and Indian communities have functionedprimarily in traditional roles, although some women achieveresponsible positions in the public service, politics andbusiness. The female Minister of Education served as ActingPrime Minister during Prime Minister Rabuka's April-May visitto the United States. Women can also attain high status inFiji's traditional chiefly system. The President's wife is, inher own right, Fiji's second highest ranking traditionalchief. The Minister for Fijian Affairs, a woman, is widelybelieved to be the best candidate to become Fiji's highestranking traditional chief.In general, women in the Fijian community are more likely torise to prominence in their own right than are women in theIndo-Fijian community. Women have full rights of propertyownership and inheritance, and a number have become successfulentrepreneurs. Women are generally paid less than men, adiscrepancy that is especially notable in the garmentindustry. Garment workers, most of whom are female, aresubject to a special minimum wage considerably lower than thatin other sectors.There is a small but active women's rights movement, which haspressed for more serious treatment of rape in the courts. Theconvicted persons tend to draw widely varying, but usuallyshort, prison sentences (a few years). Efforts are under wayto have all rape cases heard in the high court (vicemagistrate's court at the accused's choice) where sentencinglimits are higher.Domestic violence is also a problem in Fiji and its mitigationis a second major focus of the women's movement. Theauthorities are generally reluctant to intervene in cases ofdomestic violence unless it is necessary to save the woman'slife. Few cases result in prosecution, as the victim generallydoes not press charges. The Government has not been active indealing with domestic violence.Suva, the capital, and the regional center of Ba have privatelyfunded women's crisis centers which offer counseling andassistance to women in cases of rape, domestic violence, andother problems, such as child support payments. There is,overall, a growing awareness of women's issues. ChildrenChanges centered around the undermining of the traditionalvillage and extended family-based society--and improvements inrecord keeping--have revealed a major problem of child abuse inFiji. Reported cases have almost doubled over the last 4years. The legal system is inadequate for protecting therights of children, as children's testimony is inadmissibleunless corroborated by an adult. The Government created aChild Welfare Committee in 1993 to address these problems, butit is likely to remain reluctant to become involved in familymatters.Corporal punishment is widely practiced in schools and athome. The Ministry of Education has guidelines for theadministration of such punishment by principals and headteachers. One principal in the Rewa Delta area was fired in1993 for overstepping these restrictions. There are crediblereports that not all abuses are reported or punished. National/Racial/Ethnic MinoritiesThe stated purpose of the 1987 military coups was to ensure thepolitical supremacy of the indigenous Fijian people and toprotect their traditional way of life and communal control ofland. To this end, a number of measures have been taken thatfavor the Fijian community over other ethnic groups. The mostobvious are the apportionment of seats in Parliament toguarantee a preponderance of ethnic Fijians and constitutionalprovisions ensuring selection of an ethnic Fijian president andprime minister. The Government is also committed to raisingthe proportion of ethnic Fijians and Rotumans in the publicservice to 50 percent or more at all levels. This is reflectedin current promotion and hiring policies in the public servicefavoring ethnic Fijians; as a result some Indo-Fijians havecomplained that, despite their experience and highereducational achievements, they are not promoted beyond middlemanagement.Control of land is a highly sensitive issue. The Britishcolonial administration instituted present land ownershiparrangements to protect the interests of the indigenousFijians, who currently hold, communally, about 83 percent ofthe land. Most cash crop farmers are Indo-Fijians, who leasetheir land from the Fijian landowners through the Native LandsTrust Board. Freehold land title is not an indigenous concept;lands owned currently by the State (8 percent) and byindividuals (9 percent) were transferred from customary ownersduring the colonial period. Many Indo-Fijians, particularlyfarmers, believe that the absence of secure land tenurediscriminates against them. Between 1997 and 2000, themajority of the current leases will expire. A review of thecurrent land tenure and leasing arrangements is underway, withall indications that few changes will be made to the existingsystem. People with DisabilitiesLegal discrimination against physically disabled persons inemployment, education, and provision of other state services inFiji does not exist, however, there is no legislation ormandated provisions for accessibility for the disabled.Section 6 Worker Rights a. The Right of AssociationThe law protects workers' rights to form and join unions, electtheir own representatives, publicize their views on labormatters, and determine their own policies, and this is observedin practice. However, the law permits restrictions to beapplied to government employees; or in the interests ofdefense, public safety, public order, public morality, orpublic health, or to protect the rights and freedoms of otherpersons. An estimated 19 percent of the labor force isunionized.All unions must register with, but are not controlled by, theGovernment. The only central labor body is the Fiji TradeUnion Congress (FTUC), which was closely associated with theopposition Fiji Labour Party until mid-1992. It currentlytakes a more independent political stance. The FTUC is free toassociate internationally and does so. The labor movement isled largely by Indo-Fijians, with ethnic Fijians beginning toassume leadership roles. Persons with close ties to theGovernment have started rival unions primarily for ethnicFijians; these unions are more amenable to politicalcooperation with the Government.In April the Parliament completed a 2-year process of reforminglabor legislation by amending the previous acts on industrialassociations (eliminating a ban on holding multiple unionofficer positions) and trade unions (eliminating restrictionson seeking international support on labor issues).Strikes are legal in Fiji, except in connection with unionrecognition disputes. The Government remains involved incertifying union strike balloting, which can be an elaborateprocess given the distance between some of the island locationsin the country. The Ministry of Labour had recorded fivestrikes as of September 15. b. The Right to Organize and Bargain CollectivelyFiji law recognizes the right to organize and bargaincollectively. Employers are required to recognize a union ifmore than half the employees in a workplace have joined it.Recognition is determined by union membership numbers ratherthan by an election. The Government has the power to orderrecalcitrant employers to recognize unions and has done so.Key sectors of the economy, including sugar and tourism, areheavily organized. Following the May 1992 elections, theGovernment lifted wage guidelines, and unrestricted collectivebargaining on wages is now the norm.Wage negotiations are conducted on an individual company orenterprise basis rather than on an industry-wide basis. Agovernment proposal to introduce such negotiations has beenopposed by employers and unions.Antiunion discrimination is specifically prohibited by law. Inpractice, the unions are generally successful in preventingdiscrimination against workers for union activities, but thelaw does not mandate that fired workers be reinstated.Fiji's export processing zones are subject to the same laws asthe rest of the country, and many of their firms have unionswhich have negotiated collective bargaining agreements. c. Prohibition of Forced or Compulsory LaborThe Constitution specifically prohibits forced labor, and thereis no indication that it is practiced. d. Minimum Age for Employment of ChildrenChildren under 12 may not be employed in any capacity."Children" (under age 15) and "young persons" (ages 15-17) maynot be employed in industry or work with machinery.Enforcement by the Ministry of Labour and Industrial Relationsgenerally is effective, except in the case of family membersworking on family farms or businesses and "self-employed"younger street urchins. Education is not mandatory. e. Acceptable Conditions of WorkThere is no national minimum wage. Certain sectors haveminimum wages set by the Ministry for Labour and IndustrialRelations, which effectively enforces them. Minimum wagelevels will generally support a barely adequate standard ofliving in all sectors, except for the garment industry, inwhich the starting wage, $0.50 (F$0.72) for learners and $0.65(F$0.94) for others, is based on the assumption that workersare young adults or married women living at home and notsupporting a household.Fiji has no regulation specifying maximum hours of work foradult males. Women are prohibited from night work in factories(other than overtime work in the garment industry) andunderground work in mines. Certain industries, notablytransportation and shipping, have problems with excessive hoursof work. Indo-Fijians, who generally require a cash income tosurvive, are more vulnerable to pressure to work long hoursthan ethnic Fijians. Many ethnic Fijians can and do return toa non-cash economy way of life in their villages rather thanwork what they consider excessive hours.Fiji has workplace safety regulations, a Workmens' CompensationAct, and an accident compensation plan. Awards for workersinjured on the job are set by a tribunal. Governmentenforcement of safety standards under the direction of theLabor Ministry suffers from a lack of trained enforcementpersonnel, but the unions do a reasonable job of monitoringsafety standards in organized workplaces. The InternationalLabor Organizations recommendations in November 1992 cited theneed to improve working conditions (problems are particularlywidespread in the garment industry). The Government draftedlegislation to address these shortcomings but Parliament hadnot acted on it by year's end.</text>
</content>
<name>Fiji </name>
<script></script>
</card>
card_24899.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ETHIOPIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 b. Freedom of Peaceful Assembly and AssociationThe National Charter and the new Constitution endorse the rightof peaceful assembly, freedom of association, and the right toengage in unrestricted peaceful political activity. Althoughthe Government has used legal instruments and other measures toabridge these rights on numerous occasions, the Government didnot interfere with several large antigovernment protests heldin November and December. The TGE proclamation of August 12,1991, required organizers to inform authorities of peacefuldemonstrations or public political meetings 48 hours inadvance. In 1994 this process, not the law, was reversed andtightened. Organizers must now obtain a permit from regionalauthorities prior to a public demonstration.In a sign that the Government is responding more responsibly tolegitimate public expressions of dissent during the periodleading up to the 1995 elections, there were several largepeaceful demonstrations in November and December. On November28, there was a peaceful rally and march by between 40,000 and50,000 Muslims who demonstrated in Addis Ababa in support ofunrestricted freedom to practice their religion. On December4, several opposition groups staged a peaceful rally in centralAddis Ababa to protest the Government's "unilateral" adoptionof the new Constitution and to condemn human rights abuses.Approximately 50,000 people attended the rally, which proceededwithout incident.The TGE permits the existence of independent nongovernmentalassociations but has sometimes harassed and intimidated groups,which have criticized the Government on purely politicalgrounds, such as the Ethiopian Human Rights Council. Theseassociations are required both to register with the Relief andRehabilitation Commission and to hold a special permit issuedby the Ministry of Internal Affairs. In particular, the permitis necessary for an association to open a bank account oracquire official seals. Three years after EHRCO applied forregistration and a permit, the Government continued to delayaction on the applications, claiming that EHRCO is primarily apolitical organization (see Section 4). Many othernongovernmental organizations (NGO's) have made similarcomplaints.The TGE requires political parties to register with theNational Electoral Board (NEB). As of year's end, there were60 political parties (44 of whom had received registrationcertificates from the NEB); of these, 53 are regional partiesand 7 national.Credible reports from many sources demonstrate that theauthorities at both the national and regional levels harassedopposition political parties. The authorities often refused torent meeting halls to opposition parties, surveilled partyactivities, and harassed individual members. A member of theEthiopian Democratic Union Party (EDUP) was detained and beatenseverely by two EPRDF officials in Addis Ababa for severalhours after they discovered his EDUP membership card whileinterrogating him and a friend on the street. Two officials ofthe opposition Southern Ethiopian People's Democratic Coalition(SEPDC) were allegedly summarily detained on December 28 afterpresenting local authorities in the town of Hosanna a writtennotification of SEPDC's intention to establish a party office.In August police detained 46 supporters of the newly formedENDP in Awassa and Dilla in what many suspect was an attempt bysouthern region authorities to dismantle the party (see Section1.d.). c. Freedom of ReligionThe National Charter and the new Constitution provide forfreedom of religion, including the right of conversion, andfreedom of worship exists in practice. Roughly 40 percent ofEthiopia's population are Muslims who, for the first time inthe nation's history, are able to participate fully inpolitical, economic, and social life. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationFreedom of movement, including the right of domestic andforeign travel, emigration, and repatriation, is provided underthe National Charter and the new Constitution. Citizens mayfreely change their residence or workplace. Citizens andresidents of Ethiopia are required to obtain an exit visabefore 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 beenaccepted as Jews by the Israeli Rabbinate) emigrated to Israelevery month. This outflow has remained at about the same levelsince the major exodus of Falashas in 1991 and 1992. Severalthousand Ethiopians who claim Jewish heritage remain inEthiopia.According to the United Nations High Commissioner for Refugeesand to foreign diplomats, the TGE treats asylum seekers fairlyand is cooperative on issues concerning the repatriation ofEthiopian refugees.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThis right has yet to be exercised in Ethiopia. The TGEextended the transitional period originally scheduled to expirein January until a new national government is elected inmid-1995. Throughout the year, the TGE continued preparationsfor a transition to multiparty democracy, and in December theConstituent Assembly announced plans to the hold parliamentaryelections within 6 months.Since taking power in 1991, the EPRDF has dominated thepolitical process and maintains a preponderance of seats in thequasi-legislative Council of Representatives. Of the fourconstituent parties of the EPRDF, the TPLF is the mostpowerful, and its members included the President and (untiltheir exclusion from the party at the December 1994 Congress]most key national security officials. The EPRDF also dominatesthe regional councils and executive committees as a result ofthe flawed 1992 elections in which principally the EPRDF, butalso the OLF, were guilty of numerous breaches of the electoralprocess.In March the commission charged with drafting a newconstitution completed its task and submitted the draft forreview and approval by the Council of Representatives. InOctober, the 548-seat Constituent Assembly elected in Junebegan deliberations on the draft constitution, which itapproved on December 8. Opposition to the new Constitutionincludes an objection to the alleged "unilateral" nature of itsadoption by a ruling party and to specific controversialarticles. Prominent among the latter are provisions forself-determination "up to secession" (Article 39) and for stateownership of all land.All major opposition groups boycotted the June ConstituentAssembly elections, claiming that the Government would impedetheir ability to participate in the political process. Leadingup to the election, there were credible reports of EPRDFharassment of some opposition party members and independentcandidates, especially in regions outside Addis Ababa. The TGEand the National Electoral Board made credible attempts toinvestigate abuses when made aware of their occurrence. Alimited attempt was made to provide registered candidates withmedia access. In at least one instance, the NEB reversed anannounced victory in favor of a non-EPRDF candidate.International observers considered the electionsadministratively fair. However, as a result of the lack ofopposition candidates, the election was largely noncompetitive,and the better organized and funded EPRDF candidates won 89percent of the contested seats.In general, the opposition parties are poorly organized andfunded and lack leadership and alternative programs. Most suchparties 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 whichhave not renounced violence or do not accept the TGE and itsCouncil of Representatives as a legitimate authority. Thesegroups include Medhin, the Coalition of Ethiopian DemocraticForces, the Ethiopian People's Revolutionary Party, the OromoLiberation Front, and several smaller Somali groups.Neither law nor practice restrict the participation of womenand minorities in politics. Although by historical standardswomen's status and political participation is greater than everbefore, women are underrepresented in the TGE Council ofMinisters and among the leadership of all politicalorganizations. Only 2 of the 20 Ministers in the TGE Councilof Ministers are women; 3 other women hold ministerial rank,and a number of others hold positions among the senior ranks ofgovernment. Only 1 of 30 judges on the central High Court is awoman.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Ethiopian Human Rights Council is the country's mostprominent independent human rights monitoring group, but it hasbeen criticized for its political agenda. However, EHRCOcontinued to operate without legal status because theGovernment considers it a political organization. TheGovernment refused to register EHRCO, and security officialsregularly monitored people visiting its office. Although in1993 the Government arrested and released on bail the EHRCOSecretary General, it had not formally charged him with a crimeby year's end. EHRCO public statements and periodic reportsare highly critical of the TGE's political program as well asits performance on human rights. In its seventh report, itsubmitted a list of alleged extrajudicial killings to theAttorney General and the Ministry of Internal Affairs. Theformer replied that it was unaware of such cases; the latterhad not responded as of year's end.Other human rights organizations include the Ethiopian HumanRights and Peace Center (EHRPC), affiliated with the lawfaculty at Addis Ababa University, the Ethiopian Congress forDemocracy, and the Inter-Africa Group.The TGE allows visits by the ICRC and international humanrights groups and permits them to operate and travel freely.International human rights groups and foreign diplomats havebeen encouraged to observe the war crimes trials which began inDecember. Although allegations of human rights abuses havebeen raised with the TGE, the Government took remedial actionin only the most public and egregious cases. Rarely, if ever,did it punish responsible officials for abusing or neglectingtheir authority. Officials in the Ministry of Interior havegenerally been responsive to requests for information aboutspecific human rights cases and have facilitated visits toprisons and meetings with prominent detainees.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe new Constitution states that all persons are equal beforethe law. The law provides that all persons should have equaland effective protection without discrimination on grounds ofrace, color, sex, language, religion, political or otheropinion, national or social origin, wealth, birth, or otherstatus. WomenAlthough women played a prominent role (including service incombat) during the civil war and hold some senior governmentpositions, in practice women do not enjoy equal status withmen. Ethiopian law holds men and women to be equal, buttradition and cultural factors place the man as head of thehousehold, and, in practice, men typically hold land tenure andproperty rights for the whole family.Discrimination is most acute in the rural areas, where85 percent of the population lives, and where women work over13 hours a day fulfilling household and farmingresponsibilities. In urban areas, women have fewer employmentopportunities than men, and the jobs available do not provideequal pay for equal work. In September 1993, the TGE launchedan initiative to promote the equality of women by changingstatutes and including women's concerns in the Government'sdevelopment planning, although the Government took limitedconcrete action other than to establish women's affairs desksin each of the ministries.Domestic violence, including wife beating and rape, is apervasive problem. While women theoretically have recoursethrough police and the legal system, societal norms inhibitmany women from seeking legal redress. There was sporadicmedia coverage of domestic abuse cases, although the pressrarely covers instances of rape because of the stigma attachedto the crime. There are disturbing reports that some husbandsforce their wives into prostitution to supplement family income. ChildrenThe Government has not given children's issues a high priority,but has encouraged the efforts of domestic and internationalNGO's, such as Save the Children, which focus on children'ssocial and health issues.Societal abuse against young girls, however, continues to be aserious problem. Almost all girls undergo some form of femalegenital mutilation (FGM), which international and TGE healthexperts have condemned as damaging to both physical andpsychological health. Clitorectomies are typically performed7 days after birth, and the excision of the labia andinfibulation, the most extreme and dangerous form of FGM, canoccur any time between the age of 8 and the onset of puberty.Early childhood marriage is prevalent in rural areas with girlsas young as 9 years being party to arranged marriages. TheNational Committee on Traditional Practices in Ethiopia, anindigenous NGO, along with the Ministries of Health and Laborand Social Affairs, international organizations, and otherNGO's, has begun a nationwide program to educate women,community leaders, and traditional leaders on the harmfuleffects of FGM. Ethiopia has an extremely high maternalmortality rate, partially due to food taboos for pregnant womenand birth complications related to FGM, including infibulation. National/Racial/Ethnic MinoritiesEthiopia has more than 80 different ethnic groups. Althoughall of these groups have had some influence on the politicaland cultural life of the country, Amharas and Tigrayans fromthe northern highlands have traditionally dominated thisprocess. Some ethnic groups, such as Oromos, the largestsingle group, claim to have been dominated for at least acentury by the Amharas and Tigrayans. In an attempt to rectifythis problem, the Government has supported a loose federalsystem and in 1994 changed regional boundaries to encompassmore completely entire (major) ethnic populations. People with DisabilitiesThe Government does not mandate access to buildings orgovernment services for persons with disabilities. The newConstitution stipulates that the State shall allocate resourcesto provide rehabilitation and assistance to the physically andmentally disabled. There is no officially condoned or legallysanctioned discrimination against people with disabilities, butcultural attitudes toward the disabled are often negative, andeven people with minor disabilities complain of rampant jobdiscrimination. The Council of Representatives passed a lawmandating equal rights for the disabled, but it is unclear ifthe law can be rigorously enforced. An official at theRehabilitation Agency, a semiautonomous institution under theMinistry of Labor and Social Affairs, estimated that there aremore than 5 million disabled people in Ethiopia out of apopulation of roughly 53 million.Section 6 Worker Rights a. The Right of AssociationOnly a small percentage of the population is involved in wagelabor employment, which is largely concentrated in thecapital. Approximately 85 percent of the work force lives inthe countryside, engaged in subsistence farming.Under the National Charter, Article 42 of the 1994Constitution, and the 1993 Labor Law, most workers are free toform and join unions and engage in collective bargaining, butonly about 200,000 workers are unionized. Employees of thecivil and security services (where most wage workers arefound), judges, and prosecutors are not allowed to formunions. Workers who provide an "essential service" are notallowed to strike. Essential services include a large numberof 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 politicalparties. There is no legal requirement for unions to belong tothe Confederation of Ethiopian Trade Unions (CETU), which wasestablished in November 1993. CETU comprises nine federationsorganized by industrial and service sector rather than byregion. In December the Government decertified CETU followinga 30-day probationary period given to permit CETU to resolveinternal disputes. Under Ethiopian law a trade organizationmay not act in an overtly political manner. The CETU splitover allegations that CETU chairman Dawey Ibrahim's harshcriticism of the Government's structural adjustment program waspolitically motivated. Factions of three federations,including Dawey, took possession of CETU offices, prompting theGovernment to issue the order that CETU must resolve itsinternal problems. The central High Court later affirmed theGovernment's right to decertify CETU but found the decision toclose CETU's offices to be improper. Nonetheless, at year'send the CETU offices remained closed.The 1993 Labor Law explicitly gives workers the right to striketo protect their interests, but it also sets forth manyrestrictions which apply before a legal strike may take place.These restrictions apply equally to an employer's right tolockout. Strikes must be supported by a majority of theworkers affected by the decision. The 1993 Labor Law prohibitsretribution against strikers. Both sides must make efforts atconciliation, provide at least 10-days' notice to theGovernment and include the reasons for the action, and, incases already before a court or labor board, the party mustprovide at least a 30-day warning.If an agreement between unions and management cannot bereached, the Minister of Labor may refer the case toarbitration by a labor relations board (LRB). The TGE hasestablished LRB's at the national level and in some regions.The Minister of Labor and Social Affairs appoints each LRBchairman, and the four board members are composed of two eachfrom trade unions and employer associations. It is unlawful tostrike 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 theCommercial Bank of Ethiopia who had been fired in 1992 forattempting 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 toaffiliate with and participate in international labor bodies. b. The Right to Organize and Bargain CollectivelyCollective bargaining is protected under the Labor Law andunder the new Constitution, and it is practiced freelythroughout the country. Collective bargaining agreementsconcluded between 1975 and the promulgation of the January 1993Labor Law are covered under the 1975 Labor Code and remain inforce. Labor experts estimate that more than 90 percent ofunionized workers in Ethiopia are covered by collectivebargaining agreements. Wages are negotiated at the plant level.The law prohibits antiunion discrimination by employers againstunion members and organizers. Grievance procedures are inplace to hear allegations of discrimination brought byindividuals or unions. Employers found guilty of antiuniondiscrimination are required to reinstate workers fired forunion activities.There are no export processing zones. c. Prohibition of Forced or Compulsory LaborThe National Charter and the new Constitution proscribeslavery--which was officially abolished in 1942--andinvoluntary servitude. The Criminal Code specificallyprohibits forced labor unless instituted by court order as apunitive measure. Forced or compulsory labor is virtuallynonexistent. d. Minimum Age for Employment of ChildrenUnder the 1993 Labor Law, the minimum age for wage or salaryemployment is 14. Children between the ages of 14 and 18 arecovered by special provisions in the Labor Law. Children maynot work more than 7 hours per day, work between the hours of10 p.m. and 6 a.m. or on public holidays, or perform overtime.While some efforts to enforce these regulations are made withinthe formal industrial sector, large numbers of children of allages work outside of most government regulatory control onfarms in the countryside and as street peddlers in the cities. e. Acceptable Conditions of WorkThere is no statutory minimum wage. However, since 1985 aminimum wage has been set and paid to public sector employeeswho are by far the largest group of wage earners. This publicsector minimum wage is $16.67 (105 birr) per month, which isinsufficient to provide a decent standard of living for aworker and family. According to the Office for the Study ofWages and other Remunerations, a family of five requires amonthly income of $62.40 (390 birr), and even with two minimumwage earners a family receives only about half the incomeneeded for healthful subsistence.The legal workweek is 48 hours, 6 days of 8 hours each, with a24-hour rest period. The 48-hour workweek is widely respected.The TGE, private industry, and unions negotiate to setoccupational health and safety standards. However, theInspection Department of the Ministry of Labor and SocialAffairs enforces these standards ineffectively, due to a lackof human and financial resources. Workers have the right toremove themselves from dangerous situations without jeopardy tocontinued employment.</text>
</content>
<name> </name>
<script></script>
</card>
card_24581.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ETHIOPIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 ETHIOPIAAfter a lengthy civil war, the Ethiopian People's RevolutionaryDemocratic Front (EPRDF) took power in 1991 and, together withother groups active in the anti-Mengistu struggle, adopted theNational Charter which established the Transitional Governmentof Ethiopia (TGE). The TGE, headed by President Meles Zenawi,has been responsible for overseeing the transition tomultiparty democracy. The Council of Representatives, theinterim quasi-legislature, is controlled by the fourconstituent parties of the EPRDF. The EPRDF and by extensionthe TGE are dominated by the Tigray People's Liberation Front(TPLF). The ascendance of Tigrayans and a policy of promotingethnic identity and regionalism have engendered animosity fromAmharas, who have traditionally held centralized power inEthiopia.The TGE continued to implement its planned devolution ofauthority to regional governments. In June the TGE heldelections for the 548-seat Constituent Assembly, the bodyresponsible for approving the new Constitution which wasratified on December 8 and replaced the interim NationalCharter. The Constitution is the basis for parliamentaryelections that are scheduled to be held in on May 7, 1995. Allmajor opposition parties boycotted the June ConstituentAssembly elections, charging TGE manipulation of the politicalprocess. The new Constitution promotes a multiparty system andlimits the role of the future central government to thepreservation of the Constitution, defense, and foreign policy.Ratification of the Constitution represented an important stepin the TGE's democratization program, which--despiteimperfections--has provided Ethiopian citizens with greaterpolitical freedoms than at any time in the nation's history.Until the reestablishment and deployment of police forces inmid-1994, the EPRDF military wing served as both the nationalarmed forces and an internal security force. During 1994 theTGE continued to demobilize TPLF soldiers, integrating someinto new local and regional police forces, which wereincreasingly responsible for law and order. The Decemberdecision of the Fourth TPLF Congress to ban TPLF militarycommanders from party membership was a step toward theestablishment of a representative, nonpolitical national army.The military continued low-level operations to counter theactions of Oromo Liberation Front (OLF) and Islamicfundamentalist movements, especially in the Oromo and Somaliregions where periodic clashes with insurgent and bandit groupsoccurred.The economy is based on smallholder agriculture, with more than85 percent of the population living in rural areas in very poorconditions. Coffee accounts for about 60 percent of exportrevenue. The TGE continued to implement an internationallysupported economic reform program designed to liberalize thecountry's economy and bring government expenditures intobalance.The Government was consistent and forceful in its verbalcommitment to respect human rights, but serious problemsremain. The judicial system remains weak, understaffed, and attimes subject to political influence. There were crediblereports that members of the security forces committed a numberof extrajudicial killings and beat or otherwise physicallyabused criminal suspects and detainees, although thesepractices do not appear to be widespread. The Governmentseldom tried, convicted, and appropriately punished securityforce members and police who committed such abuses. TheGovernment harassed and detained without charge numerousjournalists and a number of opposition party members, holdingsome for as long as several months. In September theauthorities arrested approximately 500 members of theAll-Amhara People's Organization (AAPO) on charges of unlawfulassembly. Numerous reports alleged that EPRDF forces,opposition separatists, and Islamic militias all committedhumanitarian violations, including the summary execution ofcivilians, in continued clashes in the eastern parts of thecountry. The TGE's sometimes heavyhanded tactics and anopposition boycott ensured an EPRDF victory in the JuneConstituent Assembly elections. Discrimination and violenceagainst women and abuse of children continued to be seriousproblems.However, the Government took a number of steps to improve itshuman rights practices. It released several thousand personspreviously detained without charge and closed the camps inwhich they were confined. It undertook efforts to establish anonpolitical and nationally representative military. In Junethe Government conducted a procedurally fair election in whichopposition groups were allowed access to government-ownedbroadcast media, and on several occasions opposition groupsstaged rallies without interference.In December the Special Prosecutor's Office (SPO) began legalproceedings against the first group of detainees charged withcrimes against humanity under the brutal Marxist regime ofColonel Mengistu Haile Mariam (1974-1991). Following thereading of charges against the initial group of defendants,attorneys for the accused requested and received a continuanceuntil March 7, 1995, to permit more time to prepare theirdefense. At year's end, approximately 1,700 detaineessuspected of involvement in war crimes remained in detention,most without charge after more than 3 years. The trials, whichare expected to last for several years, may ultimately involvemore than 3,000 defendants.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingAccording to informed sources, local and regional officials ofthe security services committed more than 20 extrajudicialkillings in 1994. In at least one case thought to bepolitically motivated, in August government security officersassassinated the deputy mayor of Gode. According to crediblereports, in July EPRDF soldiers fired at five unarmed young menin Debre Zeit, killing two and wounding two others. At year'send, the Government had not begun a public investigation ofeither of these incidents or punished those responsible.In July Alebatchew Goji died under suspicious circumstanceswhile 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 abouthis fugitive uncle's whereabouts. After Alebatchew's death,the police displayed his body in public before instructing hisfather to retrieve the body for burial. There is no evidencethat government authorities investigated this incident.There were numerous unconfirmed reports of summary executionsof civilians by government and antigovernment forces duringclashes in the eastern "Somali" region which includes theOgaden. Groups involved in these clashes include the EPRDF,the Ogaden National Liberation Front (ONLF), and the Islamicfundamentalist group "Al-Ittihad Al-Islami." There was noevidence to support occasional rumors of "killing squads." b. DisappearanceThe independent press published numerous accounts of allegeddisappearances throughout the year. In most cases, securityforces arrested and held these persons incommunicado forseveral weeks before evenutally releasing them without charge.For example, after the OLF abducted and held a British CAREinternational employee for a week, an Ethiopian CARE employeesubsequently disappeared. Despite repeated denials that he wasin police custody, the local EPRDF office released him 6 dayslater.However, there was at least one unconfirmed report in which thewhereabouts of a person allegedly last seen in police custodywas unknown at year's end. According to international humanrights groups, in May unidentified security forces reportedlypicked up Mustafa Idris, a telecommunications worker and OLFsupporter, in Addis Ababa. Previously detained by the Mengisturegime for 10 years, Mustafa had not been traced to any policestation, and his whereabouts were unknown.Human rights groups continued to charge that the whereabouts ofdozens of people the TGE arrested when it took power remainedunknown. In response, the TGE claimed that some of the allegedmissing were among the estimated 1,700 persons in detentionawaiting trial for crimes committed against the civilianpopulation during the Mengistu regime. c. Torture and other Cruel, Inhuman, or Degrading Treatment or PunishmentThe National Charter and new Constitution prohibit the use oftorture and mistreatment. Nevertheless, there were crediblereports that security officials sometimes beat and otherwisemistreated detainees. However, instances of torture wererare. A reported form of mistreatment is tying a victim'supper 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, mockexecutions are occasionally staged. In August EPRDF securityofficials took an opposition supporter to an unmarked house inAddis Ababa and beat and verbally insulted him for severalhours. The victim was eventually taken to a police station.Police officers refused an instruction from the EPRDF officialsto imprison the victim and then offered to take the victim to ahospital. The Government did not publicly investigate orpunish those responsible.There were credible reports that EPRDF officials sometimes useunmarked homes as sites for the temporary detention andinterrogation of political opponents. However, there is noevidence to support allegations about the existence of anetwork of secret detention or interrogation facilities. TheGovernment has agreed to allow international access to any areaor facility suspected of being used in this manner.In September prison officials shaved the heads of more than 250supporters of the AAPO who had been detained on September 20for assembling without a permit. None of the detainees had yetbeen charged with a crime, and it appeared that the act wasdesigned to humiliate and intimidate the AAPO supporters (seeSection 1.e.).The Government took steps to improve prison conditions.Although prison conditions are acceptable by local standardsand are not life-threatening, overcrowding is a seriousproblem. Prisoners are often allocated less than 2 squaremeters of space in a room which may contain from 8 to 200people. Prisoners typically receive adequate food, oftensupplied by relatives on the outside. Female prisoners arekept separately from men and receive generally equaltreatment. 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 InternationalCommittee of the Red Cross (ICRC), and often by diplomaticmissions. However, the ICRC does not have immediate access togovernment facilities and must either request permission ornotify each time it wants to visit. With the advent ofregionalization, the ICRC was also obliged to obtain clearancesfrom each of Ethiopia's 10 regions. An Embassy visit withimprisoned AAPO leader Asrat Woldeyes in October revealed thathe is treated respectfully, was in good health, and receivedfood daily from his family (see Section 1.e.). d. Arbitrary Arrest, Detention, or ExileThe National Charter, the new Constitution, and both theCriminal and Civil Codes prohibit arbitrary arrest anddetention. Under the Criminal Procedure Code, any persondetained must be charged and informed of the charges within48 hours and, in most cases, be offered release on bail. Thosepersons believed to have committed capital offenses, such asmurder and treason, may be detained for 4 weeks while policeconduct an investigation and for an additional 15 days whilethe prosecutor prepares the case against the suspect. Inpractice, people are often detained without a warrant,frequently not charged within 48 hours, and if released onbail, never recalled to court.Throughout 1994 the Government continued to arrest and detainpersons without charge. Although most often it detained peoplefor short periods only, thousands of criminal suspects remainedin detention without charge or trial at year's end. Many ofthese cases result from a severe shortage of judges,prosecutors, attorneys, clerks, and courthouses. The SouthernRegional Supreme Court has only 5 judges, out of an authorizedcomplement of 15. Late in the year, the Southern Region had abacklog of more than 5,000 cases dating back as far as 1991.The TGE began to address these problems by creating specialjudicial teams to reduce backlogs in key areas, which resultedin the release or arraignment of hundreds of detainees inRegion 4. In December a special team of judicial officialsreviewed prisoner files and released 220 detainees in theSouthern People's Region, typically for lack of evidence.In August local police detained 46 supporters of the newlyformed Ethiopian National Democratic Party (ENDP) in Awassa andDilla in the southern region, allegedly for planning violentactivities and possession of unregistered firearms. Theauthorities eventually released all but two of the ENDP members(nine not until early December) for lack of evidence. In aseparate incident, the TGE detained the president of Region 5(Somali), Hassan Jiri, in Gode and Addis Ababa without chargefor 55 days in connection with his refusal to step down. OnSeptember 11, Lemma Sidamo, acting vice-chairman of the SidamoLiberation Movement, which the TGE accuses of engaging in armedinsurrection, was removed from his residence by Addis Ababapolice, acting on an arrest order from Sidamo Zone. No chargeswere ever brought against Lemma, who was held in seclusion inAwassa and the town of Yerga Alem until his release inmid-November.In December 1993, the authorities arrested eight leaders ofopposition parties when they arrived in Addis Ababa to attend a"peace and reconciliation conference" organized by politicalopposition groups. They charged seven with supporting armeduprising against the State and other related offenses butdropped charges in February after the group members signedindividual statements renouncing violence. All of thedetainees had been released by mid-February, except for AberaYemane-Ab, who remains in detention on suspicion of involvementin crimes against humanity committed during the Mengistu regime(see Section 1.e.).Throughout the year the Government closed several largedetention facilities, including Hurso and Didessa, and releasedover 4,000 persons, mostly OLF members and supporters who hadbeen held for periods as long as 2 years. It arraigned about280 of the detainees in Ziway, formally charged them withcrimes, and transferred them to civilian prisons. At year'send no trials for the 280 had begun, despite governmentindications it would bring these prisoners to trial quickly.The Government closed the detention facility at Agarfa earlierin the year.Exile is illegal and not used as a means of political control.However, in May, at the behest of the Eritrean Government, theTGE arrested 26 Ethiopians for alleged involvement inactivities of the Eritrean Liberation Front-RevolutionaryCommand (ELF-RC), a group opposing the Eritrean Government. Asan alternative to imprisonment or deportation to Eritrea, theGovernment permitted several of the ELF-RC members to seekasylum in Europe and allowed the others to remain in internalexile in southern Ethiopia. e. Denial of Fair Public TrialThe TGE continued to restructure the judiciary toward adecentralized 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 bothoriginal and appeal cases. While the goal of a decentralizedsystem may hold promise of bringing justice closer to thepeople, the reality is that the severe shortage of trainedpersonnel in many regions, serious financial constraints, andthe absence of a clear demarcation between central and regionaljurisdictions combine to keep the judiciary weak.Until regional legislatures are established and empowered topass laws particular to their region, the Criminal Code willremain the same at both the regional and federal levels.Trials are public, and defendants have the right to a defenseattorney. The Government established a public defender'soffice to provide legal counsel to indigent defendants. InDecember, the central High Court appointed attorneys torepresent 46 of the initial group of defendants in the warcrimes trials following claims by the defendants that theycould not afford adequate defense. The Court will pay eachattorney the equivalent of $800 to cover necessary expenses.Ethiopian law does not grant the defense attorney access toaccusatory material before trial.Shari'a (Islamic) courts hear religious and family casesinvolving Muslims. The new Constitution protects the existenceof current Shari'a courts and gives the legislature of anyjurisdiction the authority to empower future Shari'a courts.Under the Constitution, both parties have to agree to besubject to Shari'a law for it to be applied. In addition, sometraditional courts still function in remote areas, and, thoughnot sanctioned by law, resolve legal disputes for the largenumber of Ethiopians who live more than a day's walk from aroad, and generally beyond the influence of modern judicialfacilities.The central courts continued to show signs of judicialindependence. However, these efforts were sometimes underminedby political interference in other areas of the judiciary. TheCentral Supreme Court found against the Ministry of InternalAffairs for misdeeds committed by the previous government'sInternal Affairs Ministry. The central High Court reprimandedthe Minister of Justice and other senior officials for orderingthe release of two prominent detainees held by the Court. InDecember the central High Court found that the Ministry ofLabor had overstepped its bounds in ordering the closing of theoffices of the Confederation of Ethiopian Trade Unions (CETU).Senior judicial officers acknowledge government pressure,noting that judges are sometimes instructed to treat EPRDFdefendants leniently. Anecdotal evidence suggests that theexact opposite is true for cases involving members of theopposition. At least one judge claimed he was fired forexhibiting too much independence, and in another case apresiding high judge replaced one of two fellow judges toachieve a majority vote to deny bail to two AAPO detainees. Atyear's end, two regional judges remained in prison in thesouthern city of Jinka after being illegally dismissed by localauthorities for issuing an unpopular decision. Officials inJinka claimed, incorrectly, that regionalization gives themcomplete autonomy over local affairs, and they ignored releaseorders from the chairman of the Southern Region Supreme Courtand from the vice chairman of the regional council.In decentralizing the judiciary, the TGE also established in1993 federal and regional Judicial Administrative Commissions(JAC's) which are empowered to help select and disciplinejudges. JAC's--which include the chairman of the relevantsupreme court, representatives of the appropriate legislativecouncil, local lawyers, prosecutors, and Justice Ministryofficials--have begun to function, although their impact wasmixed.On October 25, the Special Prosecutor's Office (SPO) handeddown long-awaited indictments against the first group ofdefendants to be tried for serious crimes, including for crimesagainst humanity during the "Red Terror" and forcedresettlement and villagization, committed during the Mengistudictatorship from 1974 to 1991. The SPO was established in1992 to create an historical record of the abuses during theMengistu government and to bring to justice those criminallyresponsible for human rights violations and corruption. Thetrial of the first 66 defendants began on December 13. In thisfirst 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 trymore than 3,000 defendants in connection with these crimes;some government officials expect the trials to go on for 3 to 5years. In 1994 the Government arrested 25 former Air Forcepersonnel for having bombed civilian targets during the civilwar. Over 1,600 suspects remained in detention without chargeat year's end, some of whom have been detained for more than 3years. The Government declared that the remaining detaineeswould be charged by July 1995.Following a high profile trial, the Central High Courtconvicted and sentenced AAPO leader Asrat Woldeyes and fouraccomplices to imprisonment for 2 years for involvement in a1993 meeting in Addis Ababa during which plans for armedactivities against the TGE were allegedly discussed. InDecember the same court sentenced Asrat to prison for anadditional 3 years for "incitement to war" in connection with aspeech made at the provincial town of Debre Berhan in 1992. Atyear's end, Asrat also faced charges of involvement in a May1994 prison break in Debre Berhan, during which several guardswere killed. His confinement and trials received significantpress attention and exacerbated tensions between the TGE andAAPO. In September, after protesting without a required permitoutside the Central High Court, the authorities arrestedapproximately 500 AAPO supporters and eventually charged 250with "public provocation" and "illegal assembly." Theysubsequently released all of these on bail; further courtaction remained pending at year's end. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe law requires judicial search warrants, but governmentcritics allege they are seldom used in practice. The TGEimplemented a nationwide campaign to uncover and confiscateunregistered firearms. Government security officials conductedsearches of private and commercial vehicles, as well as privatehomes. Leaders of political opposition groups claim theirmembers have been singled out for illegal searches and oftenunfairly detained during this campaign. These charges weregiven additional credibility when 44 of 46 ENDP members,detained following accusations of illegal weapons possession inthe Southern Ethiopian People's Region, were subsequentlyreleased without charge (see Section 1.d.). Many people allegethey are under surveillance for expressing antigovernment views. g. Use of Excessive Force and Violations of Humanitarian Law in Internal ConflictsThe TGE continued to face low-level armed insurgency andbanditry in various parts of the country, and both the militaryand the insurgents committed serious abuses, includingextrajudicial killings.In April the TGE armed forces launched a military operation ineastern Region 5 to control military activities of the Islamicfundamentalist Al-Ittihad Al-Islami and the military wing ofthe separatist ONLF. Numerous unconfirmed reports allege thatall parties summarily executed civilians and that Al-Ittihadand the ONLF employed land mines and hand grenades against bothmilitary and civilian targets. Toward the end of the year anumber of suspected ONLF landmine attacks were directed atcivilian targets, primarily along the Harar-Jijiga road, andresulted in more than 10 civilian deaths and numerous injured.In Regions 3 and 4 (Amhara and Oromia), rebel groupsoccasionally clashed with government forces resulting in deathson both sides. Militants of the Oromo Liberation Front engagedTGE forces sporadically during the year.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressWhile the National Charter, the 1992 Press Law, and the newConstitution provide for the right to free speech and press,the TGE restricted both of these freedoms on numerousoccasions. People are generally free to discuss publicly anytopic they choose, but those expressing anti-TGE views werevulnerable to government harassment. For example, policedetained a person overnight for speaking about Asrat's case(see Section 1.e.) and forced him to sign a statementforswearing any future discussion of the professor. Presscriticism 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 pressconferences expressing anti-TGE views without apparentretribution.The vast majority of Ethiopians outside Addis Ababa have noready access to the print media. A small-circulation privatepress continued to operate in Addis Ababa despite the arrest ofmore than a dozen journalists for violations of the Press Lawand Criminal Code. The Press Law is vague, and manyjournalists complain that it can be interpreted broadly totarget journalists whom the Government dislikes. This oftenresults in self-censorship. The clause most commonly invokedis the prohibition on dissemination of false information, whichis often translated into "telling only one side of a story."Many journalists fall victim to this clause because of therefusal of virtually all government officials to speak to theprivate press, even to confirm or deny an allegation. Denialof entrance to private journalists at government pressconferences further limits their access to information andundermines the TGE's affirmations of a free press as acornerstone of democracy. However, some elements of theprivate press were irresponsible in their reporting ofdevelopments in the country.The authorities detained a number of independent journalistsand editors for long periods (as long as 4 months) withoutinforming them of the charges they face. Many publishersdecided against continuing involvement in the news businessafter being detained, sentenced to prison, or fined up to$3,200 (20,000 birr). There were credible allegations ofexecutive influence in judicial proceedings againstjournalists. Judges set fines on an ad hoc basis. When aconvicted person is unable to pay a fine, it is a commonlong-standing practice to divide his monthly salary into theoutstanding fine to determine the number of months in prison.On three occasions judges applied this practice to detainedjournalists. As a result of poor management, market forces,and government harassment, the number of available newspapersdeclined from the high of 65 that were in operation at varioustimes during 1993. By the end of 1994 there were about 20weekly and 2 monthly magazines in circulation in Addis Ababawith 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 inreaching the rural population, as well as the sole televisionstation, and ensures that TGE policies are reflected in theirprogramming. The official media devoted slightly more coverageto the activities of opposition groups than in 1993, but muchof this coverage was negative.The new Constitution provides for academic freedom. In January1993, security forces killed an Addis Ababa University (AAU)student while dispersing an unauthorized demonstration againstEritrean independence at the University, in which protestersthrew rocks at police. In February 1994, a commission ofinquiry, which had been established to investigate theincident, found that the students, university security, andpolice were each partly to blame.At year's end, none of the 41 AAU faculty members dismissed inApril 1993, reportedly for expressing antigovernment views, hadbeen reinstated. Only 4 of the 41 received any type ofcompensation from the Government, and the teachers' suitagainst the Government for wrongful dismissal continued to moveslowly through the courts. The negative impact of thedismissals continued to resonate among AAU faculty.</text>
</content>
<name>Ethiopia </name>
<script></script>
</card>
card_24546.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ESTONIA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 ESTONIAEstonia, 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere were no reports of abductions or disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialThe 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 CorrespondenceEstonian 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 PressConstitutional 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 AssociationThe 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 ReligionFreedom 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 RepatriationThe 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 GovernmentCitizens 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 RightsThe 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 StatusThe 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. WomenWomen 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. ChildrenEstonia 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 MinoritiesIn 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 DisabilitiesThe 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 AssociationThe 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 CollectivelyWhile 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 LaborThe Constitution prohibits forced or compulsory labor. The Labor Inspections Office effectively enforces this prohibition. d. Minimum Age for Employment of ChildrenAccording 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 WorkThe 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.</text>
</content>
<name>Estonia </name>
<script></script>
</card>
card_24144.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ERITREA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 ERITREAEritrea 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere 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 PunishmentThere 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 ExileThe 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 TrialUntil 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 CorrespondenceUnder 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 PressAlthough 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 AssociationAt 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 ReligionAll 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 RepatriationIn 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 GovernmentCitizens 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 within2 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 RightsThe 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 WomenThe 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. ChildrenThe 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 DisabilitiesAs 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 AssociationThere 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 CollectivelyBoth 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 LaborThere 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 ChildrenThe 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 WorkThere 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.</text>
</content>
<name>Eritrea </name>
<script></script>
</card>
card_23968.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: EQUATORIAL GUINEA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY EQUATORIAL GUINEAEquatorial 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThese 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 ExilePolice 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 TrailThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe 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 ReligionThe 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 RepatriationThe 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 GovernmentCitizens 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 RightsThe 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 StatusBoth 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). WomenAlthough 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. ChildrenThe Government devotes little attention to children's rights or welfare and has no set policy in this area. National/Racial/Ethnic MinoritiesThere 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 DisabilitiesThere 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 AssociationAlthough 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 CollectivelyThere 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 LaborThe 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 ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Equatorial Guinea </name>
<script></script>
</card>
card_23786.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: EL SALVADOR HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution states that all people are equal before thelaw and prohibits discrimination based on nationality, race,sex, or religion. WomenWomen are granted the same legal rights as men under theConstitution, but suffer discrimination in practice. Toimprove their situation, the Legislative Assembly enacted a newFamily Code in October 1993 which amends some laws thatdiscriminated against women, most notably the large numberliving in common law marriages. The new law also establishescourts to resolve family disputes.Women suffer from economic discrimination and do not have equalaccess to credit and land ownership. Wages and salaries forwomen remain lower than those paid to men. Of the economicallyactive female population, 65 percent works in the informaleconomy. Training for females is generally confined tolow-wage occupational areas where women already hold mostpositions, such as teaching, nursing, home industries, or smallbusinesses.Violence against women, including domestic violence, iswidespread and apparently rising. The Institute of LegalMedicine reported an increase in domestic violence againstwomen, from 378 reports during the July-December 1993 period,to 496 during the January-June 1994 period. Reports of sexualabuse against women also continued to rise. In 1993, thelatest year-long period for which statistics are available, theInstitute for Legal Medicine received 598 reports of sexualabuse, compared with 564 reports in 1992.From January to July 1994, hospitals in the capital city of SanSalvador received, on average, 65 reports of rape per month, anincrease over the 56 reports per month received in 1993. ThePNC received only four reports of rapes per month during thefirst 6 months of 1994. To increase reporting of rapes, aregular newspaper campaign by the Attorney General's office hasencouraged victims to press charges immediately after theassault has occurred. A public prosecutor is on duty 24 hoursa day at the San Salvador children's hospital to assist rapevictims and their families in taking legal action.Nevertheless, prosecution of rape cases is difficult because ofpervasive cultural attitudes. ChildrenThe Government recognizes its responsibility for children'srights and welfare, though this is reflected more in itsefforts to reduce poverty and promote family stability througheconomic growth than in direct expenditure on children. TheSalvadoran Institute for the Protection of Children, anautonomous entity, is responsible for protecting and promotingchildren's rights. The Legislative Assembly passed in June ajuvenile offenders law extending the age of a minor from 16 to18 years old. Scheduled to go into effect in March 1995, thelaw guarantees minors due process, establishes additionaltreatment facilities for offenders, and reduces the sentencesfor minor crimes.The Government works closely with state institutions and theUnited Nations Children's Fund (UNICEF) to promote protectionand general awareness of children's rights. Despite theseefforts, children continued to fall victim to physical andsexual abuse, abandonment, exploitation, and neglect. FromJanuary to August 1994, the PDDH for the protection of childrenreceived 75 reports per month of abuses against children. Thenumber of children treated for physical abuse in the largestpublic hospital in San Salvador rose significantly from 92cases in 1992 to 525 in 1993. Abused continued at this ratefor the first 6 months of 1994 when the hospital attended to272 abused children. The Institute of Legal Medicine recordeda reduction in reports of sexual abuse of children from 580reports in 1992 to 432 in 1993. From January to May 1994, theInstitute received 121 reports of sexual abuse of children.Child abandonment and labor exploitation are growing problems.UNICEF reported that there were approximately 200,000 displacedchildren in 1994, and approximately 270,000 children work up to12 hours per day. Child malnutrition and the large numbers oforphans are also significant problems. Indigenous PeopleEl Salvador is an ethnically homogeneous country, though asmall segment of the population claims to have descended solelyfrom indigenous peoples. The last census of Indians in ElSalvador showed 80,000 in 1930, or 5.6 percent of thepopulation. In 1932 government forces killed approximately30,000 following an abortive uprising. In the face of suchrepression, most remaining indigenous people adopted localcustoms and successfully assimilated into the generalpopulation. There remain a few very small communities ofindigenous people who still wear traditional dress, speak theirnative language, and maintain traditional customs withoutrepression or interference. The Constitution makes no specificprovisions for the rights of indigenous people, and theirability to participate in decisions affecting their lands,culture, traditions, or the allocation of natural resources islimited.The indigenous population generally is believed to be thepoorest group in the country. In a 1994 study, the PDDH foundthat 90 percent of the indigenous people lived in conditions ofextreme poverty, with average monthly incomes one-half thelegal minimum wage. Employment opportunities outside theinformal economy are few, and a high illiteracy rate precludesindigenous people from competing for limited skilled jobs.Indigenous people generally earn less than other laborers infarm and other agricultural work, and women in particular havelittle access to educational and work opportunities since theyhead most of the households. Access to land is a growingproblem confronting indigenous people. Few possess titles toland, and access to bank loans and other forms of credit isextremely limited. Domestic violence is widespread withinindigenous communities. People with DisabilitiesExcept for the war wounded, who have secured both governmentand international funding for rehabilitation and retrainingprograms, the Government has no program to combatdiscrimination against the disabled, nor are there any lawsmandating provision of access for people with disabilities.There are few organizations dedicated to protecting andpromoting the rights of people with disabilities. Asemiautonomous institute, the Salvadoran RehabilitationInstitute for the Disabled (ISRI), is the primary organizationproviding assistance to approximately 12,000 disabled personsannually. ISRI offers medical treatment and counseling,special education programs, and professional training courses.Founded in 1957, ISRI has 10 centers throughout the country andreceives assistance from the Government and national andinternational private and nongovernmental organizations.Section 6 Worker Rights a. The Right of AssociationThe Constitution prohibits the Government from usingnationality, race, sex, creed, or political philosophy toprevent workers or employers from organizing themselves intounions or associations. Numerous and sometimes conflictinglaws governing labor relations impede full realization of thefreedom of association, although recent Labor Code amendments(sponsored by the International Labor Organization--ILO) maybring about improvements, once they are fully implemented. Thecurrent Labor Code prohibits partisan political activity byunions, but this prohibition is routinely ignored, and laborcontinues to play an important role in political activities.In the 1992 peace accords, the Government committed itself toseek consensus on revised labor legislation through asocioeconomic forum with equal representation from labor(including groups aligned with the FMLN), the Government, andthe private sector. The Assembly passed such legislation inApril, which streamlines the process required to form a union,extends union rights to agricultural, independent, andsmall-business workers, and extends the right to strike tounion federations.There are approximately 150 active unions, public employeeassociations, and peasant organizations, which represent over300,000 Salvadorans, approximately 20 percent of the total workforce. Labor alliances continued to change frequently, with noone group able to claim a leading role. The current Labor Codeforbids foreigners from holding leadership positions in unions,but unions freely affiliate with international labororganizations.Only private sector nonagricultural workers have the right toform unions and strike; employees of nine autonomous publicagencies may form unions but not strike. Nevertheless, workersfrom other sectors, including the public sector, frequentlyhave carried out strikes that, while technically illegal, weretreated as legitimate. Negotiations between public employeeassociations and the Government generally settle public sectorstrikes, although the Labor Code provides for mandatoryarbitration of public sector disputes. After a series ofpublic sector strikes in June and July, the Government issued awarning that public workers would not be paid for days onstrike, and threatened to use the police to open publicbuildings forced shut by strikers. The Government docked thepay of striking members of a teachers' union, but in Septemberannounced an agreement, including an almost 30-percent payraise, with the same teachers' union. Labor disputes, and somestrikes, continued in other public sectors, including publichealth and the judiciary.The law prohibits antiunion actions before a union is legallyregistered; however, under the previous Labor Code, there werecredible charges that the Government impeded union registrationthrough exacting reviews of union documentation and strictinterpretation of the Constitution, Labor Code, and unionstatutes. With ILO assistance, the Labor Ministry put togethera restructuring plan in mid-1994. It is too early to tell iffull implementation of the changes to the Labor Code and therestructuring of the Ministry will improve union registration. b. The Right to Organize and Bargain CollectivelyThe Constitution and the Labor Code provide for collectivebargaining rights, but only to employees in the private sectorand in autonomous government agencies, such as utilities andthe port authority. However, both private sector unions (bylaw) and public sector employee associations (in practice) usecollective bargaining extensively.The Ministry of Labor oversees implementation of collectivebargaining agreements and acts as conciliator in labor disputesin the private sector and autonomous government institutions.In practice, ministers and the heads of autonomous governmentinstitutions often negotiate with labor organizations directly,relying on the Labor Ministry only for such duties asofficially certifying unions. The Ministry often seeks toconciliate labor disputes through informal channels rather thanattempting strictly to enforce regulations, leading to chargesof bias against labor. Corruption continues to be a seriousproblem affecting labor courts.The Constitution prohibits discrimination against unions. Itprovides that union officials at the time of their election,throughout their term, and for 1 year following their termshall not be fired, suspended for disciplinary reasons,removed, or demoted except for legal cause. Employersgenerally observed this provision in practice, but in somecases fired those attempting to form unions before receivingtheir union credentials. Even under the revised Code, therewere credible reports of government inaction followingdismissal of legally recognized union representatives. The lawrequires employers to rehire employees fired for any type ofunion activity, although the authorities sometimes do notenforce this requirement. In many cases, employers convincefired employees to take a cash payment in lieu of returning towork.There are six functioning export processing zones (EPZ's).Labor regulations in these zones are identical to thosethroughout the country. Companies operating in the EPZ's,while providing higher salaries and benefits than companiesoutside the EPZ's, strongly discourage organizing. There werecredible reports of some foreign-owned factories dismissingunion organizers and, in some cases, physically abusing theirworkers. Government actions against violations have beenineffective, in part because of an inefficient legal system andin part because of fear of losing the factories to othercountries. c. Prohibition of Forced or Compulsory LaborThe Constitution prohibits forced or compulsory labor, exceptin the case of calamity and other instances specified by law.This provision is followed in practice. d. Minimum Age for Employment of ChildrenThe Constitution prohibits the employment of children under theage of 14. It provides for exceptions only where suchemployment is absolutely indispensable to the sustenance of theminor and his family, most often the case with children ofpeasant families who traditionally work with their familiesduring planting and harvesting seasons. Children alsofrequently work as vendors and general laborers in smallbusinesses, especially in the informal sector. Parents ofchildren in circumstances such as these often do not allowtheir children to complete schooling through the ninth grade asthe law requires, since the labor which the children perform isconsidered vital to the family. Child labor is not found inthe industrial sector. The Ministry of Labor is responsiblefor enforcing child labor laws. e. Acceptable Conditions of WorkIn July the Government raised the minimum wages for commercial,industrial, service, and agroindustrial employees by 13percent. The new rate for industrial and service workers wasabout $4 (35 colones) per day; agroindustrial employees must bepaid about $3 (26 colones) in wages, including a foodallowance, per day. Despite these increases, minimum wageswere generally inadequate to meet the Ministry of Economy'sstandard of basic necessity. An estimated 40 percent of thepopulation lives below the poverty level. The Labor Ministryis responsible for enforcing minimum wage laws and does soeffectively in the formal sector.The law limits the workday to 6 hours for minors between 14 and18 years of age and 8 hours for adults. Premium pay ismandated for longer hours. The Labor Code sets a maximumnormal workweek of 44 hours, requiring overtime pay foradditional work and limiting the workweek to no more than 6days.The Constitution and the Labor Code require employers,including the Government, to take steps to ensure thatemployees are not placed at risk in their workplaces, andprohibit the employment of persons under 18 years of age andall women in occupations considered hazardous. Nevertheless,Salvadoran health and safety regulations are outdated, andinadequate enforcement remains a problem. Workers can removethemselves from dangerous work situations without jeopardizingtheir employment if they present a medical certificate issuedby a doctor or the Social Security Institute indicating thattheir health is at risk while using certain equipment orsubstances. The Ministry of Labor attempts to enforce theapplicable regulations and conducts investigations whichsometimes 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 outcertification and inspection duties, which curb itseffectiveness.</text>
</content>
<name> </name>
<script></script>
</card>
card_23389.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: EL SALVADOR HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 EL SALVADOREl Salvador is a constitutional, multiparty democracy with anexecutive branch headed by a president, a unicameral nationalassembly, and a separate, politically appointed judiciary.Armando Calderon Sol of the Nationalist Republican Alliance(ARENA) party was inaugurated President for a 5-year term onJune 1. National and international observers judged the Marchpresidential and legislative elections to be generally free,fair, and nonviolent. Competing for the first time inelectoral politics, the Frente Farabundo Marti para laLiberacion Nacional (FMLN) emerged as the major oppositionparty. In November the U.N. Secretary General praised the newGovernment for its commitment to the 1992 Peace Accords, whichended a 12-year civil war, but noted delays in implementingsome provisions, including demobilization of the NationalPolice (PN), deployment of the National Civilian Police (PNC),judicial and electoral reform, land transfers, economicreinsertion programs, and implementation of Truth Commissionrecommendations. (The Peace Accords established a TruthCommission to investigate serious human rights violationsduring the previous decade.) Nevertheless, the U.N. ObserverMission in El Salvador (ONUSAL), which monitors and verifiesimplementation of agreements between the Government and theFMLN, concluded that both sides had complied with most keymeasures 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 31,000troops authorized by the Peace Accords to approximately22,000. In August the U.N. Secretary General reportedindications that some ESAF members continued to carry outinternal intelligence activities contrary to the new armedforces mandate set forth by the Constitution. By the end ofthe year, the new PNC had replaced the military-controlled PNthroughout the nation.In December 1993, the Government, in conjunction with theUnited Nations, formed the Joint Group for the Investigation ofIllegal Armed Groups with Political Motivation in El Salvador.Comprising the chief of ONUSAL's human rights division, theHuman Rights Ombudsman, and two Salvadoran attorneys appointedby the President, the Joint Group reported its findings on July28. It found that some groups and persons continued to resortto violence to obtain political results, including members ofthe military and police institutions, as well as judicial andmunicipal organs. The report concluded that the Government iscommitted to combating politically motivated violence. It alsohighlighted the growth of violent organized common crime in ElSalvador. The Joint Group recommended creation of a specialunit within the PNC to investigate political and organizedcrime, a verification role for the National Counsel for theDefense of Human Rights (PDDH--headed by the Human RightsOmbudsman) in suspected political killings, and further reformsof the judicial system, the ESAF, and government intelligencegathering. The Government agreed to implement the JointGroup's recommendations. In August the PNC created a specialunit within its criminal investigative division to focus onsuspected political violence. In September the Supreme Courtfired 10 low-level judges for incompetence, forced theresignations of high-level Supreme Court administrativepersonnel, and initiated investigations of additional judges'performance. The court fired three more judges in November.El Salvador has a mixed economy largely based upon agricultureand light manufacturing. The Calderon Sol Governmentmaintained its predecessor's commitment to free market reforms,including privatizing additional banks and hotels. People arefree to pursue economic interests, and private property isrespected. 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 excessiveforce and impunity from prosecution, also declined. Delays inbringing detainees to trial and violence against women andchildren did not decline. Reflecting the PNC's nationwidedeployment, the greatest number of human rights complaintsfiled with ONUSAL were accusations against its members; a muchsmaller number were filed against the ESAF. Victims attributedapproximately 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 crimesagainst women and children. Allegations of politicallymotivated assassinations, which had increased early in theyear, declined by the latter half of the year. There were noconfirmed cases of politically motivated killings, butinvestigations in a number of cases remain open. Some publicfigures reported death threats.The Government acted to improve the institutional context forhuman rights. In April the Legislative Assembly approvedconstitutional amendments on judicial reform that addressed anumber of recommendations by the Truth Commission. The formerSupreme Court Justices ignored a Truth Commissionrecommendation that they resign due to complicity in thecoverup of human rights abuses and served to the end of theirterms in June. In July the National Assembly elected a new,reform-minded Supreme Court. In September the Governmentappointed a PNC inspector general to investigate allegations ofhuman rights abuses committed by PNC agents. There werereforms in other areas mandated by the Peace Accords, such asPNC training and deployment, PN demobilization, PDDH expansion,and judicial reform.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingONUSAL did not confirm any reports of political killings in1994, although it continued to investigate some murders forpossible political motivation. These include: two unknownarmed men shot and killed Simon de Jesus Cartagena Pineda, amember of the Renewed Expression of the People (ERP) faction ofthe FMLN and a local municipal council candidate, and hisstepdaughter on January 11. On January 19, unknown assailantskilled Javier Roberto Perdomo, a Panamanian technician with theInter-American Institute of Agricultural Science, as he drovewith his family in the countryside. On February 7, threemasked armed men shot and killed Ismael Bernardino Sion, amember of the Popular Liberation Front (FPL) faction of theFMLN, in his home. On March 9, an unknown assailant shot andkilled Jorge Bill Martinez Zaldana, a former technician ofRadio Venceremos and a FMLN guerrilla, on a bus as he wasreturning to his home.Other cases pending ONUSAL determination included the murder ofHeriberto Galicia Sanchez, a former alternate Assemblycandidate of the National Revolutionary Movement (MNR) party;the killing of Jose Isaias Calzada Mejia, an FMLN member whohad worked as a voting table representative in the Aprilpresidential run-off; Luis Valdivieso Granados, a PN agent anda former ESAF soldier, found dead with his hands tied to a treetrunk. Assailants shot and killed Elba Irene Magana de Romero,sister of ARENA Assembly Deputy Carlos Guillermo Magana. InNovember three unknown assailants shot FPL member DavidFaustino Merino Ramirez and wounded two other FPL members in arestaurant in San Salvador.The number of extrajudicial killings by government forcesconfirmed by ONUSAL declined significantly from 1993 to 1994.By October ONUSAL confirmed five extrajudicial killings bygovernment officials, including an ESAF member based in Morazandepartment who killed a fleeing bicycle thief (ONUSAL termed itan arbitrary execution) and a PN agent who killed one youth andseriously injured another in Santa Ana department. The PNagent responsible for the latter killing resigned the followingday. ONUSAL confirmed three other reports of extrajudicialkillings, including a PNC agent who fired into a house in SanSalvador while attempting to break up a domestic dispute,killing an elderly man, a PNC agent who shot a man withoutprovocation while he was driving in San Vicente, and off-dutyPNC agents who shot and killed a man on a bicycle in San Miguel.The Government made progress toward resolving some human rightscases. ONUSAL and the Government concluded that severalmurders of persons with ties to the ARENA party were the resultof common crime. Police arrested a person alleged to have tiesto the FMLN for the highly publicized attacks on Elmer CruzPineda, bodyguard of FMLN leader and Assembly Deputy Nidia Diaz(Maria Valladares). On the other hand, circumstancessurrounding the attacks against Ruben Oswaldo Escalante, anARENA candidate for the San Marcos municipal council, and PNCdirector 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-eradeath squads were no longer active. However, death threatsdirected against individuals and groups across the politicalspectrum remained a method of intimidation. In April MarioValiente, the ARENA mayor of San Salvador, reportedly receivedtwo death threats. In May the Salvadoran Revolutionary Front(FRS) issued a communique denouncing the leaders of theNational Resistance (RN) and ERP factions of the FMLN astraitors and sentencing them to death. In June the "DomingoMonterrosa Command" issued death threats against members of theJoint Group, the Human Rights Ombudsman, Archbishop ArturoRivera Damas, and Jesuit priests. The group made no additionalthreats, and no evidence of its existence or activitiesappeared. In October a district court judge in Usulutan andprosecutors in the Attorney General's office in San Miguelreportedly received death threats. Reports of death threats,which had increased up through the inauguration of the newPresident in June, declined in the latter half of the year.On November 14, a bus cooperative blocked a highway around SanMiguel to protest competition from illegal buses. Afternegotiations broke down, PNC officials and army officers gavethe protesters 5 minutes to clear the road. In the ensuingconfusion, shots were fired and an army sergeant and2 civilians died, and about 20 others were wounded. It isunclear who initiated the shooting or who fired the fatalshots. The PNC investigation continues. b. DisappearanceThe Constitution forbids unacknowledged detention by the policeor the military. ONUSAL investigated several allegations ofdisappearances, but all were unfounded. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe Constitution prohibits torture. In December theLegislative Assembly ratified the Convention against Tortureand Other Cruel, Inhuman, or Degrading Treatment or Punishment,subject to reservations.The number of confirmed reports of torture by security forcesdeclined in 1994, as did the number of reported incidents ofmistreatment of detainees and uses of excessive force. FromJanuary to September, ONUSAL confirmed three reports oftorture, two by the PNC and one by the PN. In July five PNCagents arrived at the house of Carlos and Miguel GrandeMenjivar. The police beat the two, took them to anunidentified place, blindfolded them, and interrogated themabout the location of an alleged arms cache. They placedplastic bags over their heads, burned Miguel's thorax withcigarettes, and repeatedly hit both. ONUSAL reported that thePNC has yet to respond to PDDH inquiries, nor has it takendisciplinary action against the agents. ONUSAL counted asignificant decrease in reported incidents of mistreatment,from 120 reports during April-December 1993, to 74 reportsduring January-September 1994. The number of reportedincidents of use of excessive force declined slightly, from 45during April-December 1993 to 39 during January-June 1994.Prison conditions remained bleak, with overcrowding the mostsignificant problem. The largest prison, built 20 years ago tohold 800 prisoners, holds approximately 2,800. Most cells are15 by 20 feet, and some hold as many as 24 prisoners. Someprisoners must sleep on the floor or "buy" a bed when onebecomes available. Prisoners are fed, but most find itnecessary to supplement their rations with help from family.Approximately 40 prisoners died at the hands of other prisonersin riots, including 9 in February at the Santa Ana centralpenitentiary and 12 in August at the maximum security prison inSan Salvador. To try to stem prison violence, the Ministry ofJustice hired 500 additional security guards in September. d. Arbitrary Arrest, Detention, or ExileThe Constitution prohibits arbitrary arrest and detention orcompulsory exile. ONUSAL reported a significant reduction inthe number of arbitrary or unlawful detentions by securityforces, from 185 complaints from April-December 1993, to 94complaints from January-September 1994. Salvadoran courtsgenerally enforced a ruling that questioning without thepresence of a public defender is considered coercion, and anyevidence so obtained is inadmissible; thus police authoritiesgenerally delayed questioning until a public defender arrived.From January to August, public defenders freed fromincarceration approximately 50 percent of their clients.However, because of low salaries and insufficient supervision,the public defenders were able to handle only a limited numberof cases.By law, the police may hold a person for 72 hours beforedelivering him to court, after which time the judge may orderdetention for an additional 72 hours to determine if aninvestigation is warranted. The law allows 120 days toinvestigate serious crimes, and 45 days for lesser offenses,before a judge must bring the accused to trial or dismiss thecase. In practice, the authorities rarely observed these timelimits.Although the law permits release pending trial for crimes inwhich the maximum penalty does not exceed 3 years, many commoncrimes (homicide, murder, manslaughter, rape, and crimesagainst property) carry penalties in excess of 3 years, therebyprecluding release pending trial. Because it may take severalyears for a case to come to trial, some prisoners wereincarcerated longer than the maximum legal sentence for theircrimes. Any detainee may request a review (habeas corpus) bythe Supreme Court, but the overwhelming majority of suchrequests are denied. Approximately 80 percent of all inmatesare awaiting trial or sentencing. e. Denial of Fair Public TrialThe court structure is divided into four levels: justices ofthe peace, first instance (district) courts, second instance(appellate) courts, and the Supreme Court. Civilian courtsexercise 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 beappealed to a higher court. Sentences, however, may beappealed up to the Supreme Court. Under the Constitution,defendants have the right to a presumption of innocence,protection from self-incrimination, legal counsel, freedom fromcoercion, and compensation for damages due to judicial error.They also have the right to be present in court and to confrontwitnesses. However, the authorities frequently ignored many ofthese rights in practice.Judicial reform made some headway in 1994. In April theLegislative Assembly approved two constitutional amendmentsconsistent with Truth Commission recommendations to remove theSupreme Court's authority to discipline lawyers and allow lowercourts to hear habeas corpus appeals. The Assembly voted tocreate a new council to discipline lawyers; the Supreme Courtwill retain the power to license them. Under the Constitution,the new Assembly must also approve the amendments for them tobecome law.In July justices of the old Supreme Court left office whentheir term expired, after ignoring a Truth Commissionrecommendation that the court resign due to its complicity incovering up human rights abuses. The Assembly elected a newSupreme Court which, in its first month, acted on its statedcommitment to judicial reform by firing 10 low-level judges andforcing the resignations of high-level Supreme Courtadministrative personnel. As recommended by the TruthCommission, the National Council of the Judiciary (NCJ)--anindependent body that screens and nominates judicialcandidates--evaluated judges for judicial aptitude, efficiency,discretion, and impartiality. It also created a judicialschool--administered by the NCJ--to train judges, lawyers, andadministrative personnel in ethics, administration, andjudicial reform.Despite these reforms, some judges continued to be onlynominally independent, appointed or reappointed throughpolitical affiliation and personal ties rather than forprofessional capabilities. ONUSAL criticized the Assembly forfailing to enact reforms recommended by the Truth Commissionand passed by the former Assembly, such as reducing the SupremeCourt's power, amending the NCJ law to guarantee the Councilgreater independence from the Supreme Court, and modernizingthe criminal justice system as well as for not ratifying someinternational human rights conventions. Some politically,economically, or institutionally well-connected Salvadoranscontinued to enjoy effective immunity from prosecution. ONUSALsaid the judicial system's deficient institutions contributedto this impunity and to the increase in organized crime in 1994.All available evidence indicates that the Government holds nopolitical prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceAccording to the Constitution, the police must have theresident's consent, a warrant, or a reasonable belief that acrime is being or is about to be committed, before entering aprivate dwelling. In practice, however, the authorities usedforced 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 PressThe Constitution provides for freedom of the press, and thisprovision is respected in practice. There was one reportedincident of a government attempt to limit freedom of speech.The Government on May 3 ordered the expulsion of Angel MariaMartinez Mendizabal, a Spanish priest, for a sermon whichallegedly violated Articles 82 and 97 of the Constitution,prohibiting members of the clergy and foreigners from engagingin partisan political activity. The Supreme Courtprovisionally suspended the expulsion on May 5 pendingconsideration of an appeal filed by Martinez and the PDDH, andtook 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 televisionsystems. Print and broadcast journalists regularly criticizethe Government and report opposition views. The Government didnot use direct or indirect means to control the media.The Constitution provides for academic freedom, and theGovernment respects this right in practice. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for peaceful assembly and associationfor any lawful purpose. The Government respects this right inpractice. Organizations do not require permits to hold publicmeetings. In May, however, the mayor of San Salvador issued adecree prohibiting public demonstrations in the capital duringbusiness hours. Some organizations held peacefuldemonstrations in defiance of the mayor's decree. The mayor'soffice imposed fines, which the organizations refused to pay. c. Freedom of ReligionFreedom of religion is guaranteed by the Constitution and isrespected. Roman Catholicism is the official religion, butother faiths practice without hindrance. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution guarantees citizens the right to travel freelydomestically and abroad. There are no restrictions on citizenschanging their residence or workplace. The Government hasprovisions for granting asylum and refugee status. TheGovernment imposes no control on emigration and cooperates withinternational organizations that arrange Salvadoran emigrationto other countries.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens exercise the right to change their governmentpeacefully through regularly scheduled elections. Thepresident and vice president are elected every 5 years;legislative and municipal elections are held every 3 years.The Constitution bars the President from election toconsecutive terms. Voting is by secret ballot, and there isuniversal suffrage. There were elections in March for allnational and local offices, including the Presidency, the84-seat Legislative Assembly, and all municipal councils. TheNationalist Republican Alliance party garnered 68 percent ofthe vote in the second round of the presidential election and39 seats in the Assembly. Competing for the first time inelectoral politics, the FMLN emerged as the major oppositionparty, capturing 32 percent of the vote in the presidentialelection and 21 Assembly seats. ONUSAL, local, andinternational observers, including a U.S. presidentialdelegation, judged the March 20 and April 24 (presidentialsecond round) elections to be generally free, fair, andnonviolent, despite first-round administrative irregularities.Prior to the election, the Supreme Electoral Tribunal (TSE)undertook a successful registration campaign aimed at thetraditionally underrepresented, primarily youth and women. Byelection day, the TSE had registered 75 to 80 percent ofeligible voters, although only approximately 47 percentexercised that right.The number of women in politics is small. In the Marchelections, Salvadorans elected nine women to the LegislativeAssembly, a slight increase from the number in the previousAssembly. The president and 1 of the 4 vice presidents of theAssembly 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 RightsThe Government demonstrated a willingness to discuss humanrights issues and problems with international, local, andnongovernmental organizations (NGO's). A number ofnongovernmental human rights organizations, including theCatholic 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 trialstages, provides free legal assistance, and publishes monthlyreports. Tutela Legal, the human rights office of thearchdiocese of San Salvador, also follows cases and publishesperiodic reports. Numerous other church, labor, universitygroups, and NGO's have human rights offices that operatewithout legal restriction. In addition, various internationalhuman rights groups visit or operate without governmentrestrictions.The Joint Group, comprised of the chief of ONUSAL's humanrights division, the Human Rights Ombudsman, and two Salvadoranattorneys appointed by the President, reported in July. Italso provided the state prosecutor on a confidential basisinformation concerning specific acts of violence. The JointGroup criticized some agents of the state, political parties,and NGO's for insufficient collaboration during itsinvestigative period, but did not accuse any group ofdeliberately blocking the investigation.ONUSAL's mandate is to verify and monitor implementation ofagreements between the Government and the FMLN, to investigatealleged human rights violations, and to conduct educational andpublic awareness campaigns promoting human rights. It makesrecommendations to the Government and the FMLN, and reportsdirectly to the U.N. Secretary General. ONUSAL noted inNovember a significant reduction in reports of human rightsabuses in 1994 compared to 1993, including arbitrary killings,death threats, and mistreatment, and confirmed no politicallymotivated killings. It noted improvements in the judicialsystem, the PNC, and the PDDH, concluding that the process ofpromoting and protecting human rights is advancing. However,it emphasized the need to complete judicial, police, and penalreforms, and criticized the Legislative Assembly for draggingits feet on judicial reform.As the only human rights organization specifically establishedby the Constitution, the PDDH receives and investigatesallegations of human rights abuses committed by governmentofficials and, if warranted, lodges official complaints againstspecific officials. In 1994 the PDDH received 4,284 reports ofhuman rights violations, a significant increase from the 2,071reports received in 1993. This upswing reflects, to a largedegree, the PDDH's wider presence in the country. The PDDHopened 8 regional offices in 1994, giving it 12 officescovering 12 of the country's 14 departments.The PDDH will take over the ONUSAL human rights monitoringfunction in 1995. In its November report to the SecretaryGeneral, ONUSAL commended the PDDH for progress in verifyinghuman rights violations, strengthening institutional capacity,and promoting human rights education, but noted inadequacies inPDDH personnel, equipment, and financial resources.The PDDH lodged complaints of human rights abuses againstvarious government agencies, most frequently the PNC and thejudiciary. In numerous cases, the PDDH made specificrecommendations for improvements in procedures and forindemnification of victims. The PDDH criticized publicly thepenal system's director general for failing to resolve theunderlying problems prompting the prison riots, and called onthe authorities to take steps to avoid future outbreaks ofprison violence. Although some of its recommendations wereignored, the PDDH said that some institutions did act on itsrecommendations in a satisfactory manner. The PDDH commendedthe Legislative Assembly for initiating a review of the PenalCode.</text>
</content>
<name>El Salvador </name>
<script></script>
</card>
card_23237.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: EGYPT HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government refuses to license local human rightsorganizations as private entities under Law 32 of 1964 (seeSection 2.b.) on the grounds that they are politicalorganizations. Appeals from the Egyptian Organization forHuman Rights (EOHR) and the associated Arab Organization forHuman Rights (AOHR) on the ruling on their legal status arestill before the courts. AOHR has successfully registered as aforeign organization with the Ministry of Foreign Affairs.Despite its nonrecognition, the EOHR operates openly, its fieldworkers visit prisons and government offices, and theGovernment does not interfere with its funding from foreignhuman rights organizations. Other activists have successfullyregistered their human rights organizations as corporationsunder the commercial law, thus skirting the obstacles posed byLaw 32.In May an EOHR staff member, who was also a defense lawyer forpersons arrested in an unauthorized demonstration at the BarAssociation headquarters (see Section 1.c.), was arrestedostensibly on grounds of inciting public disorder andquestioned extensively about his activities at the EOHR.In June representatives of the New York-based Human RightsWatch complained of overt surveillance by state securityofficers during one of their field trips to upper Egypt. InSeptember the EOHR reported that state security officersordered EOHR's publisher not to distribute copies of EOHR's1993 annual report.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status WomenThe law provides for equality of the sexes, but aspects of thelaw and many traditional practices discriminate against women.By law women need their husbands' or fathers' permission toobtain a passport or travel abroad (Section 2.d.). Only malescan confer citizenship. In rare cases, this means thatchildren born to Egyptian mothers and stateless fathers arethemselves stateless.Laws affecting marriage and personal status generallycorrespond to an individual's religion, which for mostEgyptians is Islam. A 1979 liberalization of the Family StatusLaw strengthened a Muslim woman's rights to divorce and tochild custody. In 1985, however, the changes were foundunconstitutional on grounds that they conflicted with Islamiclaw and were repealed.Under Islamic law, non-Muslim males must convert to Islam tomarry Muslim women, but non-Muslim women need not convert tomarry Muslim men. Muslim female heirs receive half the amountof a male heir's inheritance, while Christian widows of Muslimshave no inheritance rights. A sole female heir receives halfher parents' estate; the balance goes to designated malerelatives. A sole male heir inherits all his parents'property. Male Muslim heirs have the duty to provide for allfamily members who need assistance.Egyptian women have employment opportunities in government,medicine, law, academia, the arts, and, to a lesser degree, inbusiness. About 100 officers in the Egyptian diplomaticservice are women, including 3 ambassadors. There are no womenjudges. Although there is no legal basis to prohibit womenjudges, a woman under consideration for promotion to magistratewas denied the promotion on the basis of gender in 1993 and issuing the Government.Social pressure against women pursuing a career is strong, andsome Egyptian feminists say that a resurgent Islamicfundamentalist trend limits further gains. Women's rightsadvocates also point to other discriminatory attitudes andpractices such as female genital mutilation (FGM) and the malerelative's role in enforcing women's compliance withreligiously prescribed codes of sexual conduct.Family violence against women occurs and is reflected in pressaccounts of specific incidents. Official or nonofficialquantitative data do not exist. In general, the interventionof neighbors and extended family members tends to limit theprevalence and scope of such violence. Abuse within the familyis rarely discussed publicly, owing to the value attached toprivacy in this traditional society. Neither the government,nongovernmental organizations, or human rights organizationshas commented publicly upon family violence.There are at least two active women's rights groups, oneaffiliated with the EOHR. The other is the CommunicationsGroup for the Enhancement of the Status of Women, which haspublished a booklet on the legal rights of Egyptian women. ChildrenThe Government remains committed to the protection ofchildren's welfare within the limits of its budgetaryresources. Many of the resources for children's welfare areprovided by international donors, especially in the field ofchild immunization. Child labor is widespread, despite theGovernment's commitment to eradicate it.International health experts have condemned female genitalmutilation (FGM) as damaging to physical and mental health.Statistics on the prevalence of FGM vary, but government andprivate sources agree it is common among 70 to 80 per cent ofrural and poor urban women. The act is generally performed ongirls between the ages of 7 and 10, probably with equalprevalence among Muslims and Coptic Christians.A 1959 decree and subsequent amendments, which described thepractice as "psychologically harmful," limited the practice toexcision. However, the more drastic infibulation is practicedin some parts of southern Egypt. The decree prohibited doctorsfrom 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 forcircumcising a child. However, the law does not stipulatepunishment for parents who violate the law. Following publicoutcry in 1994 over foreign television airing of thecircumcision of a 9-year old girl, the Minister of Health, inthe company of religious leaders, announced the Governmentwould hold its first conference on FGM. The Government alsobroadcast television programs condemning the practice. TheSheikh of Al-Azhar, head of the world's oldest institution ofIslamic thought, has issued a decree declaring FGM areligiously mandated duty. His ruling could hamper any publiceducational efforts by the Government. Religious MinoritiesThe approximately 5 million Coptic Christians are the objectsof occasional violent assaults by Islamic extremists and ofdiscrimination by the Government. In 1994 Islamic extremistsare believed to have been responsible for killing at leasteight Coptic residents of Assiyut governorate, including theshooting of six pilgrims at a monastery. The area of Dairut,Assiyut governorate, the scene of a massacre of 13 Copticresidents in 1992, is reportedly still tense. Local Copticresidents fear for their personal safety when traveling outsidetheir homes.Extremists have obstructed church repairs and construction andharassed Copt-owned businesses. Christians have complainedthat the Government is lax in protecting Coptic lives andproperty. Security forces arrest extremists who perpetrateviolence against Copts, but the Coptic community does notbelieve the Government is vigorous in its efforts to preventthe attacks and does little to correct nonviolent forms ofdiscrimination, including its own.Government discriminatory practices include: suspectedstatistical underrepresentation of the size of the Christianpopulation; delays in issuing church building and repairpermits and obstruction of permits obtained; the detention andmistreatment of some Muslim converts to Christianity; laws thatprevent Muslims from changing their identity papers to reflecttheir conversion to Christianity (upheld in a 1980 courtdecision); anti-Christian discrimination in education,illustrated by the requirement that public school students,including Christians, memorize Koranic verses as part of theirArabic studies; a public school ban on the hiring of ChristianArabic teachers as the curriculum involves the study of theKoran; the production of Islamic television programs, some withanti-Christian themes; job discrimination in the public sector,the police, the armed forces, and government agencies; reporteddiscrimination against Christians in admission to state medicalschools; and underrepresentation in government. There are noCoptic governors and no Copts in the upper ranks of themilitary, police, and diplomatic service. People with DisabilitiesThere are approximately 5.7 million disabled persons in Egypt,of whom 1.5 million are severely disabled. The Governmentmakes serious efforts to address their rights. It worksclosely with United Nations agencies and other internationalaid donors to design job-training programs for the disabled.The Government also seeks to increase the public's awareness ofthe capabilities of the disabled in television programming, theprint media, and in educational material in public schools. Bylaw, all businesses must designate 5 percent of their jobs forthe disabled, who are exempted from normal literacyrequirements. Although there is no legislation mandatingaccess to public accommodations and transportation, thedisabled may ride government-owned mass transit buses withoutcharge, are given priority in obtaining telephones, and receivereductions on customs duty for private vehicles.Section 6 Worker Rights a. The Right of AssociationEgyptian workers may, but are not required to, join tradeunions. A union local, or worker's committee, may be formed if50 employees express a desire to organize. Most union members,about 25 per cent of the labor force, are employed bystate-owned enterprises. The law stipulates that "highadministrative" officials in government and the public sectormay not join unions.There are 23 industrial unions, all required to belong to theEgyptian Trade Union Federation (ETUF), the sole legallyrecognized labor federation. The International LaborOrganization's Committee of Experts (COE) has repeatedlyemphasized that a law requiring all trade unions to belong to asingle federation infringes on the freedom of association. TheGovernment has shown no sign that it intends to accept theestablishment of more than one federation. The ETUF leadershipasserts that it actively promotes worker interests and thatthere is no need for another federation. ETUF officials haveclose relations with the NDP, and some are members of thePeople's Assembly and the Shura Council. They speak vigorouslyon behalf of worker concerns, but public confrontations betweenETUF and the Government are rare. Disputes are more oftenresolved by consensus behind closed doors.Some unions within ETUF are affiliated with international tradeunion organizations. Others are in the process of doing so.The Government is in the process of drafting a new labor lawwhich has not yet been submitted to the People's Assembly. Thelaw is expected to be debated in the spring of 1995. Theproposed law provides statutory authorization for the rights tostrike and to collective bargaining. Under current labor lawssuch rights are not adequately guaranteed. Even though theright to strike is not guaranteed, strikes occur. TheGovernment considers strikes a form of public disturbance andhence illegal.In October the police used force to break up a publicdemonstration in support of a strike by several thousandtextile workers at the northern town of Kafr al-Duwar. Inputting down the demonstration, the police killed at least 5persons, including a 12-year-old child, arrested more than 100demonstrators. Sixty demonstrators were injured. b. The Right to Organize and Bargain CollectivelyThe draft labor law provides statutory authorization forcollective bargaining. Under the current law, unions maynegotiate work contracts with public sector enterprises if thelatter agrees to such negotiations, but unions otherwise lackcollective bargaining power in the state sector. Under currentcircumstances, collective bargaining does not exist in anymeaningful sense because the Government sets wages, benefits,and job classifications by law. Larger firms in the privatesector generally adhere to such government-mandated standards.Labor law and practice are the same in the export processingzones as in the rest of the country. c. Prohibition of Forced or Compulsory LaborForced or compulsory labor is illegal and not practiced. d. Minimum Age for Employment of ChildrenThe minimum age for employment is 12. Education is compulsoryuntil age 15. An employee must be at least 15 to join a laborunion. The Labor Law of 1981 states that children aged 12 to15 may work 6 hours a day but not after 7 p.m. and not indangerous or heavy activities. Child workers must obtainmedical certificates and work permits before they are employed.A 1988 survey found that 1.4 million children between the agesof 6 and 14 are employed--about 7 percent of the total workforce. A 1989 study estimated that two-thirds of child labor,perhaps 720,000 children, work on farms. However, childrenalso work as apprentices in repair and craft shops, in heavierindustries such as brickmaking and textiles, and as workers inleather factories and carpet-making, which largely supplies theexport market. While local trade unions report that theMinistry of Labor adequately enforces the labor laws instate-owned enterprises, enforcement in the private sector,especially in family-owned enterprises, is lax. e. Acceptable Conditions of WorkFor government and public-sector employees, the minimum wage isapproximately $20 a month for a 6-day, 48-hour workweek. Basepay is supplemented by a complex system of fringe benefits andbonuses that may double or triple a worker's take-home pay. Itis doubtful that the average family could survive on a worker'sbase pay at the minimum wage rate. The minimum wage is alsolegally binding on the private sector, and larger privatecompanies generally observe the requirement and pay bonuses aswell. Smaller firms do not always pay the minimum wage orbonuses. The Ministry of Labor sets worker health and safetystandards, which also apply in the export processing zones, butenforcement and inspection are uneven.</text>
</content>
<name> </name>
<script></script>
</card>
card_22915.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: EGYPT HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995However, the military courts do not guarantee the defendantsdue process before an independent tribunal. Both judges andprosecutors are part of the State's executive authority. Thecharge of membership in a broadly defined terrorist group isfrequently vague. Defense attorneys have complained that theyhave not been given sufficient time to prepare defenses.Judges tend to rush cases with many defendants, so that mosttrials 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 deemedunimportant, and they do not treat torture complaints withsufficient 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 politicalprisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceIn 1994 there continued to be substantial abridgment, under theEmergency Law, of constitutional provisions regarding the rightto privacy. Under the Constitution, homes, correspondence,telephone calls, and other means of communication "shall havetheir own sanctity, and their secrecy shall be guaranteed."Police must obtain warrants before undertaking searches andwiretaps. Courts have dismissed cases in which warrants wereissued without sufficient cause. Police officials who conductsearches without proper warrants are subject to criminalpenalties, although these are seldom imposed.The Emergency Law empowers the State to search persons orplaces without warrants. Security agencies frequently placepolitical activists, suspected subversives, journalists, andwriters 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 PressThe Constitution provides for freedom of speech and the press.Egyptians openly express their views on a wide range ofpolitical and social issues, including vigorous criticism ofthe 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 ofcriticism, but the press law stipulates fines or imprisonmentfor criticism of the President or a foreign head of state.However, in recent years, opposition journalists have, withinlimits, criticized the President without harassment, althoughhe may not be satirized in cartoons.The Government owns most major dailies, and the Presidentappoints their editors in chief. These newspapers generallyfollow the government line. Nevertheless, criticisms ofgovernment policies are frequently found in thegovernment-owned press.The opposition newspapers are associated with politicalparties. Most are weeklies, except the centrist daily Al-Wafdand the smaller Islamist semiweekly Al-Shaab. All have smallcirculations. Opposition newspapers frequently publish toughcriticisms of the Government, inspiring rejoinders from thegovernment-owned press. They also give greater prominence tohuman rights abuses than the state-run newspapers. Most of theopposition press receives foreign funding as well as governmentsubsidies and is printed and distributed by a government-ownedpublishing house.The Government restricts the press in a number of ways. Itcontrols the right to publish through its power to licensenewspapers. The Higher Press Council, chaired by the Speakerof the Shura Council, has the power to approve applications fornew publications. Most members of the Higher Press Council areclose to the ruling National Democratic Party and are inclinedto follow the government line. In a potentially serious moveagainst the freedom of the press, the Higher Press Council inSeptember issued new regulations for licensing new newspapers,requiring applicants to provide detailed information on sourcesof financing, editorial structure, and, in the case of apolitical party paper, the party's ideology and platform. Theregulations may be applied retroactively to existing newspapersand represent a significant tightening of the Government'scontrol over the opposition press.Opposition party papers may be called to account for publishingarticles deemed inconsistent with their official ideologies.In the past, the Government has refused to license new partieswhose stated platforms "duplicate" those of existing parties(see Section 3).As in past years, the Government continued to interfere withfreedom of expression, arresting and harassing Egyptian andforeign journalists, and confiscating printed material from themarketplace. In general, the Government harassed somejournalists who wrote stories about corruption, portrayed Egyptin an unfavorable light, explored human rights and militaryissues, or who were associated with Islamist oppositionelements. The Government has used such harassment to indicatethat there are limits to criticism of the Government.In March state security officials interrogated journalistMoustafa Bakry for his article in Al-Shaab newspaper in whichhe critized the security forces' use of violence againstdemonstrators protesting the massacre at the Hebron mosque inFebruary. Also interrogated were Adel Hussein, the Chairman ofthe Socialist Labor Party (SLP), and Magdy Hussein, Al-Shaab'seditor in chief. The three reported they had been accused ofpublishing articles that threatened state security, socialorder, and national unity. The Government did not file charges.In the spring, state prosecutors repeatedly interrogated MagdyHussein and the leadership of the SLP in connection with libelsuits filed against them by senior government officials forarticles on official corruption. As of late September, two ofthe four cases had been dropped against them.In April a court sentenced another reporter for Al-Shaab, AbdelSattar Abu Hussein, to 1 year in prison for publishing statesecrets in an article on U.S.-Egyptian military exercises. AbuHussein claimed his article was derived from open sources. Healso claimed that after he was arrested, he was heldincommunicado for 3 days and questioned about another one ofhis stories on alleged corruption in the military industry. InJuly the Minister of Defense commuted Abu Hussein's sentence to3 months, after Al-Shaab retracted Abu Hussein's stories.Also in April, Mohammed Zaky of Al-Wafd newspaper was detainedfor questioning about the source of an article he wrote on areported police success in uncovering a new terrorist group.In June the authorities detained Magdy Hussein and confiscatedhis notes after he returned from a visit to Yemen. InSeptember security officials again interrogated Mustafa Bakryabout foreign funding of Al-Shaab and his articles in anothernewspaper, Al-Ahrar, in which he detailed dissident activity inSaudi Arabia, repeated rumors about King Fahd's healthproblems, criticized the Egyptian Government for hosting theU.N. International Conference on Population and Development,and reported Iraqi press attacks on President Mubarak.In December the State Security Prosecutor General remanded AdelHussein to 15 days' custody for interrogation into hispurported links with the Islamic Group, a terroristorganization. Members of the press syndicate staged a hungerstrike in protest, and local human rights monitors andopposition leaders condemned the arrest and held a series ofrallies.In 1994 state prosecutors summoned several foreign journalistsfor questioning because they believed their reporting oninternal events had damaged Egypt's international reputation.The Government restricts news coverage on television and radiomore tightly than newspaper coverage. Criticisms of governmentpolicies and reporting on government corruption and humanrights abuses are almost never broadcast on radio andtelevision. Political parties do not have access to broadcastfacilities, even during election campaigns.Various ministries are authorized to ban or confiscate booksand other works of art upon obtaining a court order. TheMinistry of Interior regularly confiscates leaflets and otherworks by Islamists. In 1994 the Ministry prevented the publicsale of audio cassette tapes by Islamic preachers whosepreachings were considered to foment sectarian strife.The Ministry of Defense may ban works about sensitive securityissues, and plays and films must pass Ministry of Culturecensorship tests as scripts and as final productions. TheMinistry of Culture also censors foreign films but is morelenient when these are in video format. In 1994 governmentcensors banned the showing of the U.S. film, "Schindler'sList," on the grounds of explicit violence, nudity, and sex.Government censors ensure that foreign films made in Egyptportray Egypt in a favorable light. Censors review scriptsbefore filming, are present during filming, and have the rightto review the film before it is sent out of Egypt.The Ministry of Information censors television productions andforeign news publications. On occasion in 1994, the Ministryimpounded some foreign news publications before they werereleased. The Ministry does not usually inform the managementof foreign publications of the reasons for impoundments. In1994 the Ministry banned or delayed the distribution of nineissues of the English-language weekly, The Middle East Times.Those issues carried stories on government corruption, humanrights violations, and the Government's security campaignagainst extremists.The Islamic Research Institute at Al-Azhar University has legalauthority to censor, but not to confiscate, all publicationsdealing with the Koran and Islamic scriptural texts. In recentyears, however, the Institute has passed judgment on thesuitability of nonreligious books and artistic productions. InFebruary an advisory council in the judiciary issued an opinionexpanding Al-Azhar's censorship to include visual and audioartistic works. In response, the Minister of Culture issued astatement describing the court's decision as advisory and notbinding upon the Government. In the past, President Mubarakhas publicly approved Al-Azhar's censorship role, but in 1994he stated that the Government would not allow confiscation ofbooks from the market without a court order.As in recent years, moderate Muslims and secularist writershave found themselves under attack by extremists. In Octobersuspected extremists attempted to assassinate Nagib Mahfouz,Nobel Laureate and antifundamentalist critic, whose novel, "TheChildren of the Gebelawi," has been banned from public sale byAl-Azhar since 1959 because it is considered blasphemous.Following the murder attempt, the press published the novel ina show of solidarity with Mahfouz and secular intellectuals(see Section 1.a.).The Government does not generally restrict academic freedom atuniversities. However, in May the People's Assembly amendedthe Education Law to authorize university presidents to appointdeans of faculties. Under the previous law, faculty deans wereelected by their peers. The Government justified the measureas a means to combat Islamist influence in the school system.In January a court ruled against Islamist lawyers who hadpetitioned the court to divorce Nasr Abu Zeid, an Arabiclanguage professor at Cairo University, from his wife ongrounds that Abu Zeid's writings on the Koran were heretical.The petitioners argued that, as a heretic, Abu Zeid should notbe allowed to remain married to a Muslim woman in a Muslimcountry. The court found the petitioners had no standing tofile a divorce suit. The case was in appeal at year's end. b. Freedom of Peaceful Assembly and AssociationThere continue to be substantial restrictions on this freedom.Under a 1923 law, citizens must obtain approval from theMinistry of Interior before holding public meetings, rallies,and protest marches. Permits are generally granted for ralliesheld indoors or on university campuses.In May security forces broke up a demonstration of lawyersprotesting the death in police custody of Abdel Hareth Madani(see Section 1.a.). When the demonstrating lawyers attemptedto enter the street, the police moved in with tear gas andclubs. The Government had denied the Bar Association's requestfor a permit for a protest march, and thus termed thedemonstration illegal.Under Law 32 of 1964, the Ministry of Social Affairs hassweeping authority over all Egyptian "private organizations,"including the right to license and dissolve them, confiscatetheir properties, appoint members to their boards, andinterfere in other internal administrative matters. Licensesmay be revoked if such organizations engage in political orreligious 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 undesirableorganization out of existence.In 1994 the Ministry dissolved a nongovernmental organizationwhich had received unauthorized funds from a Kuwaiti group, theSociety for the Revival of the Islamic Heritage. TheGovernment expelled several Kuwaiti citizens associated withthe organization, asserting that the organization haddistributed funds to extremists. In August the Ministryannounced that all organizations receiving charitable fundsfrom abroad would be obliged to transfer the funds to theMinistry for distribution.Since 1985, the Government has refused under Law 32 to licensethe EOHR and the Arab Organization for Human Rights (AOHR) ongrounds that they are political organizations. Both continueto operate openly (see Section 4). Similarly, the request byAmnesty International (AI) for legal status for its localchapter 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 nolonger be allowed to hold meetings, pending a decision on itsrequest for legal status. The Government says it is stillstudying that request.Under 1993 legislation on professional associations, anassociation must elect its governing board by at least 50percent of its general membership. Failing a quorum, a secondelection must be held in which at least 33 per cent of themembership votes in the board. If such a quorum is impossible,the judiciary may appoint a caretaker board until new electionscan be set. The law was adopted to prevent further gains inthe professional syndicates by Islamist candidates. c. Freedom of ReligionThe Constitution provides freedom of belief and the practice ofreligious rites. However, there are important limitations.Islam is the state religion. Most Egyptians are Muslim, butapproximately 10 per cent of the population, 5 million people,belong to the Coptic Orthodox Church, the largest Christianminority in the Middle East. There are other small Christiandenominations. The small Jewish community practices itsreligion without harassment. Members of recognized religionsmaintain links with coreligionists abroad. The foreign clergypursue their ministries without harassment, but the laweffectively bars non-Muslims from proselytizing.Islam accepts Christian and other converts, but Muslims facelegal problems if they convert to another faith. There is noclear 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 ofits religious sects" with "the intention of harming nationalunity and social peace." This is interpreted as forbidding theconversion of Muslims by non-Muslims. Conviction is punishableby 6 months' to 5 years' imprisonment. In 1993 the authoritiestwice arrested an Egyptian lay missionary for preparingChristian missionary literature for publication. A courtordered his release from detention in March.In July the Minister of Education issued a decree prohibitinglocal school officials from requiring schoolgirls to wear thehegab (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 againstthe Minister, but his decree was later upheld by an appelatecourt.The courts have upheld the principle that Muslims cannot changetheir identity papers to reflect their conversion to a newreligion. As a consequence, married male converts from Islammust register their children as Muslims, as the law considersthem to be Muslims.In the past, state security forces have harassed and detainedfor prolonged periods Egyptian Christians accused ofproselytizing Muslims. In November 1993, security forcesarrested six Coptic Christians who had sought to dissuadeanother Coptic Christian, who was also arrested, fromconverting to Islam. All seven persons were held in detentionwithout formal charge. The Supreme State Security Courtordered their release in May.An 1856 Ottoman decree still in force requires non-Muslims toobtain what is now a presidential decree to build or repair aplace of worship. Coptic Christians maintain they arefrequently unable to obtain such authorization or are blockedby the security forces from using the authorizations that havebeen issued. As a result, some communities use privatebuildings and apartments for religious services. From 1992 to1994, the Government increased the number of building permitsissued to Christian communities to an average of more than 20 ayear, compared to the average of 5 permits issued annually inthe 1980's. Most permits appear to be for the repair ofexisting structures and not for new construction of churches.Christian and Muslim reformers urge the abolition of theOttoman decree, but Islamists defend the building restrictions.According to human rights and legal sources, the Government inJune closed two buildings in an unzoned area near Alexandriawhich had been used by Coptic Evangelical Christians since 1990for church activities. Church lawyers are pursuing a legalsuit against the closures. The lawyers maintain that theclosures violate previous court rulings upholding the right toconduct religious services in private buildings without priorgovernment approval. They also point out that the closedbuildings are located in an area were unlicensed buildings arecommon. In July security forces arrested a Coptic Christianwho protested the closures in letters published in newspapers.The police released the individual after 10 days' detentionafter he signed a statement binding him not to discuss theclosures in public.In theory, mosques must also be licensed by the Government, butthe Government reports approximately half of the estimated70,000 mosques in Egypt are unlicensed. The Penal Codeprohibits using a place of worship for antigovernment speeches,and the Ministry of Religious Affairs proposes themes andmonitors sermons. In practice, the Government cannot controlall sermons, especially at "unauthorized" mosques where sermonsmay invoke antigovernment, anti-Christian, and anti-Westernthemes. In 1994 the Government increased efforts to bringprivate mosques under its administrative control as a means tocounter Islamic extremism. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationEgyptians and foreigners are free to travel within Egypt exceptin certain military areas. Males who have not completedcompulsory military service may not travel abroad or emigrate,although this restriction can be circumvented. Unmarried womenunder 21 must have permission from their fathers to obtainpassports and travel; married women require the same permissionfrom their husbands. Citizens who leave the country have theright to return.In recent years, the Government has denied permission toChristian converts from Islam to travel abroad. Thedeportation of citizens and aliens granted political asylum isprohibited and not practiced.Egypt is host to thousands of refugees, but only a few aregranted the right to resettle in Egypt. In the past, someEthiopians and other Africans, who seek documentation asrefugees by the United Nations High Commissioner for Refugees,have been detained by the police and then transported to areasnear the Libyan or Sudanese borders where they are released.Some have returned to their countries; others have found theirway back to Egyptian cities.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentThe ruling National Democratic Party (NDP) dominates the454-seat People's Assembly, the Shura Council, localgovernments, the mass media, labor, the large public sector,and the licensing of new political parties, newspapers, andprivate organizations to such an extent that, as a practicalmatter, Egyptians do not have a meaningful ability to changethe national government.In 1993 President Hosni Mubarak was elected unopposed to athird 6-year term by the People's Assembly. In October of thatyear, his reelection was approved by 96 percent of the votersin a national referendum. The Government claimed that 86 percent of the electorate went to the polls although observersjudged that the actual figure was much lower. The electoratewas not presented with a choice among competing presidentialcandidates; it was offered the opportunity only to vote for oragainst Mubarak's reelection. Two opposition parties, the Wafdand the Islamist-affiliated Socialist Labor Party, urged thepublic to boycott the referendum, and two other parties, theleftist Tagammu and the Nasserist Party, urged the public tovote against President Mubarak. The other opposition partiesendorsed Mubarak's candidacy.In June the Government convened a "national dialog" conferenceof figures in politics, labor, the media, and intellectuals todiscuss the country's future priorities. Although theGovernment had stated that the dialog would be open to variousviews, it strictly controlled the agenda and the selection ofthe delegates, who were overwhelmingly drawn from NDP membersand sympathizers. The Government invited the oppositionparties to send three representatives each. Two partiesboycotted the conference. At the conference, the Governmentdisallowed any discussion of constitutional reform, nor did itaddress such topics as human rights.Acting on recommendations from the dialog, President Mubarak inOctober issued edicts amending or abolishing several old lawson political party registration, candidates for public office,and elections. However, at year's end, he has not indicatedhow or when the more substantial political reforms recommendedby the dialog might be implemented.In the 1990 People's Assembly election, NDP candidates won 383seats of 444 elected, independents won 55, and a leftist partywon 6. Seven opposition parties boycotted the election. TheConstitution reserves 10 Assembly seats for presidentialappointees, assuring some representation for Coptic Christiansand women. Women were granted suffrage in 1956. Ten womenhold Assembly seats: 7 elected and 3 appointed. One Copt isin the Cabinet and five Copts sit in the Assembly: one electedand four appointed.The Assembly debates government proposals, and members exercisetheir authority to call cabinet ministers to explain policy,but it does not have sufficient authority to challenge orrestrain the executive in the areas of security or foreignpolicy. The Assembly can exercise significant influence overeconomic policies, primarily by blocking governmentalinitiatives. The executive initiates almost all legislation;the Assembly may not modify the budget except with theGovernment's approval, and there is little oversight of theInterior Ministry's use of Emergency Law powers. Manyexecutive branch initiatives and policies are carried out byministerial decree without significant legislative oversight.The military budget is prepared by the executive and notdebated publicly. Presidential appointees do not requirelegislative approval. Roll-call votes in the Assembly arerare. Votes are generally reported in aggregate terms of yeasand nays, and thus constituents have no independent method ofchecking a member's voting record.There are 12 recognized opposition parties. The law empowersthe Government to bring felony charges against those who form aparty without a license. New parties must be approved by theParties Committee, a semiofficial body dominated by the rulingNational Democratic Party. Since the late 1970's, theCommittee has granted a license to only one oppositionparty--the Wafd Party. Other parties have been grantedlicenses by presidential decrees or by court orders. The soleapplication to form a new party in 1994, from the EgyptianPopular Democratic Party, was pending at year's end.In January the Political Parties Court rejected the 1993application of the Social Justice Party. In February theHigher Administrative Court upheld a lower court ruling whichdisapproved the establishment of the Peace Party.The law prohibits political parties based on religion.Nevertheless, Muslim Brotherhood partisans are publicly knownand openly speak their views. Some have served in the Assemblyas independents or members of other recognized parties.</text>
</content>
<name> </name>
<script></script>
</card>
card_22750.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: EGYPT HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 EGYPTAccording to its Constitution, Egypt is a social democracy inwhich Islam is the state religion. The President is HosniMubarak, who was reelected unopposed to a third 6-year term bythe People's Assembly in 1993. The President appoints theCabinet which is responsible to him. His party, the NationalDemocratic Party (NDP), has governed since its establishment in1978. It commands large majorities in the popularly electedPeople's Assembly and the Shura (Consultative) Council. Oneopposition party is represented in the People's Assembly; theothers boycotted the previous People's Assembly election in1990 and are not represented.There are several security services in the Ministry ofInterior, two of which are primarily involved in combatingextremist violence: the State Security Investigations Sector(SSIS), which conducts investigations and interrogatesdetainees; and the Central Security Force (CSF), which enforcescurfews, bans on public demonstrations, and conductsparamilitary operations against terrorists.Egypt is a developing country with a mixed economy dominated bythe public sector. Agriculture, an almost entirely privatesector, remains the largest single employer. Remittances fromapproximately 2 million Egyptians working in the Gulf countriesare the largest source of foreign currency earnings. In thepast 4 years, the Government has enacted significant economicreforms, which have reduced the budget deficit and stabilizedthe exchange rate, but has made slow progress on other reforms,including privatization.The Constitution provides for various human rights, including amultiparty political system, regular elections, the rule oflaw, an independent judiciary, freedom of opinion, and theright to peaceable private assembly. However, the EmergencyLaw continues to restrict many basic rights.There continued to be widespread human rights violations in1994. The security services and terrorist groups remainedlocked in a cycle of violence. Security forces committed humanrights abuses in their campaign against terrorist groups, butfrequently victimized noncombatants as well. Under theEmergency Law, abuses included the widespread torture ofdetainees in security cases, the Government's continued failureto punish those responsible for torture, arbitrary arrest, anddetention without trial, and the use of military courts to trysuspected terrorists. The Government continued to arrest andharass journalists and lawyers who defended accused Islamists.Terrorists bombed banks, attacked and killed governmentofficials, security forces, Egyptian Christians, and foreigntourists, and were responsible for the majority of civiliandeaths in 1994.The ruling NDP dominates the political scene to such an extentthat, as a practical matter, the citizens do not have ameaningful ability to change their government. The Governmentcontinues to restrict substantially basic rights of expressionand the press. Women and Egyptian Christians facediscrimination based on tradition and some aspects of the law.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingIn 1994 the state security police were implicated in severalextrajudicial killings. In virtually all cases, the Governmenthas not adequately investigated or explained the causes ofdeath. On February 1, police raided a house in Cairo, killing7 suspected terrorists. The police maintain that a 3-hourshootout began when one of the suspects inside the house openedfire on the approaching police. However, witnesses later toldthe Egyptian Organization for Human Rights (EOHR) that theshootout lasted a matter of seconds, followed by a pause, and alater burst of gunfire after the police had entered the house.One policeman was wounded in the incident. The mother of oneof those killed filed a complaint against the police, allegingthat security forces had executed her son. She retracted hercomplaint after the police detained her for 12 hours.On February 14, security forces shot dead three allegedextremists in a Cairo neighborhood. According to the Ministryof Interior, the police acted in self-defense after thesuspects opened fire on a patrol in an alley. However,witnesses claimed that they observed the police arrest foursuspects, place three of them into a police truck, and laterheard suspected gunfire from within the truck. Witnessesfurther claimed that they observed security officers dump threebodies from the truck onto the street and place guns andammunition purportedly belonging to the dead suspects near thebodies. Local human rights monitors who inspected the sceneconcluded that the traces of blood on the street were too smallto be consistent with the Government's claim that the suspectswere shot on the spot in an exchange of fire. No informationis available concerning the fourth detainee.On April 26, officials of the state security police arrestedIslamist 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 untilMay 6. The police did not allow Madani's family to view thebody, which was transported in a sealed coffin to his villagefor burial. The Government initially claimed that Madani haddied of an asthma attack, despite claims by morgue workers thatthey observed puncture wounds and bruises on Madani's bodywhile preparing it for burial. In May the Ministry of Justiceannounced that it would conduct an investigation of Madani'sdeath. At year's end, the results of the ongoing investigationhad not been made public. The Minister of Interior hasnonetheless publicly denied any police wrongdoing in Madani'sdeath, maintaining that Madani died of natural causes.Also in April, local human rights monitors claim that MohammedAbdel Hamid Hassan died in Abu Zabaal prison near Cairo,following beatings by a prison officer. Hassan was serving a3-year sentence for sale of drugs; his body was allegedlythrown from a fourth-floor window to conceal the cause ofdeath. The Prosecutor General's office investigated the caseand charged the officer with Hassan's death. The officer wasreleased on bail, pending further investigation.In August Fateh al-Bab Abdel Manem died at a police station inthe Cairo suburb of Helwan, following his arrest on drugcharges. He was detained along with his wife and son.According to human rights monitors, Abdel Manem died after 12continuous hours of torture, witnessed by his son. The autopsyreport indicates cause of death as cerebral hemorrhage and"major wounds to the body." The Prosecutor General's officehas stated it will investigate the death but at year's end hadnot made public its findings.In 1993 at least 12 persons died from injuries sustained whilein police custody, and 2 others died amid charges of inadequatemedical treatment. The Government reported that it hadreferred security officials for prosecution in the cases of thedeath of Sayyed Hassan Fetouh and Hassan Salah Sayyed. Atyear's end, the officers had not been brought to trial. TheGovernment continued investigations of possible criminalconduct in the 1993 deaths in police custody of Effat MohammedAli Wali, al-Muhamdi Mohammed Mohammed Mursi, Mohammed GommaAbdel 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, andMohammed Ateya Shamardan, ruling that in the cases of Ali,Hamid, and Shamardan, death occurred as the result ofpreexisting medical disorders. The death of Rashwan was ruledaccidental electrocution. The Government claimed it had norecords 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 severalquestions raised by the relatives of the deceased persons andhuman rights groups. The Government stated that it will try toresolve the inconsistencies and provide further information.The press reported that at least 286 people were killed incivil unrest in 1994 compared with 201 in 1993. Inantiextremist operations, security forces killed at least 139suspected extremists, 5 civilian bystanders, and a fellowpoliceman by friendly fire. The security forces appear to havecaused some of these deaths by the excessive use of lethalforce.In April security forces in Assiyut opened fire on a taxistopped at a police roadblock, killing the driver and threepassengers, including a woman. The police maintained that oneof the passengers tried to kill an officer at the roadblock.However, local human rights monitors believe that the shootingbroke 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 ademonstration in support of a strike by textile workers (seeSection 6.a.).Terrorists killed at least 101 members of the security forcesand 40 civilians, including a witness in the trial of personsindicted for the November 1993 assassination attempt on PrimeMinister Atef Sedky. In four incidents, extremists attackedforeign tourist groups, killing five tourists and severalEgyptian bystanders.In October a suspected terrorist stabbed Naguib Mahfouz, anEgyptian novelist, Nobel laureate, and antifundamentalistcritic, in the neck with a knife. Mahfouz survived. As theyhave in recent years, Islamic extremists targeted EgyptianChristians, attacking churches and other properties owned byCopts, and are believed to have murdered at least nine Copts(see Section 5).Extremist groups took responsibility for the following murdersof senior government and police officials: police BrigadierGeneral Raouf Khairat in Cairo on February 10, and the Directorof Central Security Forces in Assiyut, General Sherine AliFahmi, on February 20. b. DisappearanceMansur Kikhya, a former Libyan Foreign Minister under ColonelQadhafi and a prominent exiled dissident, disappeared fromCairo in December 1993. The Government has been unable toaccount for Kikhya's disappearance. Some observers, citingLibya's long history of antidissident campaigns, believe thatLibyan operatives abducted Kikhya. Kikhya's whereabouts arestill unknown.In December local human rights monitors published a report ondisappearances, which claims that 11 people disappeared in 1994after their arrests. It recounts the unsuccessful efforts byfamily members and nongovernmental organizations to locate themin the detention system. According to the report, the numberof disappearances in 1994 was "unprecedented," compared tothree 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 PunishmentThere is convincing evidence that the police and officers ofthe SSIS systematically practice torture. The law does notadequately protect citizens from physical abuse by securityforces. Article 126 of the Penal Code prohibits torture toobtain a confession but is silent on the mistreatment ofdetainees for other reasons. Punishment for offenders isimprisonment for a maximum of 10 years. A 1-year sentence anda modest fine may be imposed if the injury does not reach thelevel of bleeding or wounding. However, Article 126 does notaddress such abuses as blindfolding and prolonged interrogationand handcuffing.The Minister of Interior stated several times in 1994 thattorture does not exist in detention facilities. Instances mayoccur, he said, but they are isolated and not officialgovernment policy. The Minister also stated that theauthorities investigate all allegations and punish thoseresponsible. Government officials have accused human rightsorganizations of focusing on the rights of accused terrorists,while ignoring those of the victims of extremist attacks.Officials argued that international human rights groupsexaggerate torture reports and that their reporting does nottake into account the extreme nature of the security threat.However, the record indicates that the Government does notadequately investigate torture complaints in cases involvingsuspected terrorists. Since 1985, there is no evidence thatofficers implicated in such cases have been prosecuted orpunished.While the Government has investigated torture complaints incriminal cases and punished some offending officers, thepunishments do not necessarily relate to the seriousness of theinjury. In August the press reported that a senior SSISofficer received 6 months' imprisonment for permanentlycrippling a suspect during interrogation.Officers of the SSIS allegedly are responsible for most of thetorture used on suspected terrorist detainees. Prisonersreport that torture takes place in police stations, SSISheadquarters in Cairo, and the governorates, and at CentralSecurity Force camps. Torture is used to extract information,coerce the victims to end their antigovernment activities, anddeter others from such activities. Torture victims are usuallytaken to a state security office where they are handcuffed,blindfolded, and questioned about their associations, religiousbeliefs, and political views. Victims have reported thefollowing torture methods: detainees are frequently strippedto their underwear; hung by their wrists with their feettouching the floor or forced to stand for prolonged periods;doused with hot and cold water; beaten; forced to standoutdoors in cold weather; and subjected to electric shocks.Some victims, including female detainees, report they have beenraped or threatened with rape; others report that securityofficers have inserted solid objects, including electricdevices, into their anuses.Written records of detainees' whereabouts are not kept whilethey are in the custody of the state security police, a periodwhich may last 10 days or longer. Records are maintained onlyafter security forces deliver the detainee to a prison. Theabsence of such a record in the early days of detention invitesabuse and effectively blocks the investigation of torturecomplaints. The security forces also transfer detainees fromprisons to other facilities where they are interrogated,tortured, and then returned to prison. No written records arekept on such transfers.To pressure male fugitives to surrender, security forces havetaken into custody their relatives, including minors and femalefamily members. An undetermined number of such detainees havebeen subjected to physical abuse.According to government sources, the prisons have a 400-percentoccupancy rate, resulting in unhealthy living conditions,severe overcrowding, and occasional outbreaks of disease. Manyof the country's 31 prisons were constructed during the Ottomanera. Prisoners report cells are poorly ventilated, and food isinadequate in quantity and nutritional value.Prison officials occasionally levy collective punishment oninmates, suspending visits and delivery of food to inmates bytheir families. According to official prison sources, inQanater women's prison, the prison doctor was prosecuted forsexually molesting 12 female prisoners during examinations.Prisoners reported that prison guards beat a number of women inthe aftermath of the scandal, and a sweep of the prisonfacilities resulted in the confiscation and destruction of manyprisoners' clothes and personal belongings.As many as 28 adolescents between the ages of 12 and 17 havereportedly been detained in the Assiyut General Prison, afacility for adults. The charges against the adolescentsreportedly include membership in the illegal Islamic Group,monitoring the movements of the police, and attempting to breakinto a mosque. The adolescents allege that they wereblindfolded and tortured at the state security policeheadquarters in Assiyut or at local police stations in southernEgypt. 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 prolongedperiods without trial, in one case since 1993.Prison officials impose particularly harsh living conditions onsome categories of prisoners such as Islamic activists.Al-Aqrab prison, which houses security suspects, has beenclosed to all visitors, including lawyers, since January,despite an administrative court order in April annulling theMinistry of Interior's ban. d. Arbitrary Arrest, Detention, or ExileArbitrary arrest and detention are commonly used againstsuspected terrorists and others suspected of threateningnational security. However, according to local human rightsgroups, in some mass security operations, security forces havesubjected entire villages to collective punishments, such ascurfews and mass arrests. Frequently, the police have takeninto custody nonviolent Islamists and persons with noassociation with extremist groups. Such arrests and detentionsare conducted under the State of Emergency which has been ineffect since President Sadat's assassination in 1981.In April the People's Assembly renewed the Emergency Law untilMay 31, 1997. Government supporters claim that the EmergencyLaw is a temporary measure used only to fight terrorism or drugtrafficking. However, the Emergency Law has been in force solong that it has become an important characteristic of thepolitical and legal system and is an impediment to theimprovement of the human rights situation. Under the EmergencyLaw, there is a continuous flow of new arrests and releasesfrom detention. Mass arrests continued in 1994, despite theMinister of Interior's stated intention in 1993 to deemphasizethese arrests.Under the Emergency Law, the Interior Minister may detain anindividual without indictment for 90 days. Detention ordersare issued by public prosecutors who have limited powers tocommit individuals to confinement. Some detainees are notallowed to inform their relatives of their detention, andaccess to legal counsel is frequently delayed. In theory,those arrested under the Emergency Law should be released after90 days. In practice, the Government rearrests detainees whohave been released by court order. The procedure in effectdetains them without due process for prolonged periods.Under the Penal Code, arrested persons are charged withviolations of specific laws, have the right to a judicialdetermination of the legality of arrest, and should be formallycharged within 48 hours of arrest or be released. Arrestsunder this procedure occur openly and with warrants issued by adistrict 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 individualsfor 45 days and to confine them for up to 6 months to completeinvestigations. Detainees are often released withoutexplanation or acknowledgment that charges have been dropped.The Penal Code contains several provisions to combat extremistviolence. These provisions broadly define terrorism to includethe acts of "spreading panic" and "obstructing the work ofauthorities," allow the police to hold suspects for 24 hoursbefore obtaining arrest warrants, and prescribe the deathpenalty for persons found guilty of terrorism and lifeimprisonment for membership in a terrorist group.Human rights observers report that the security forces maintainan unauthorized permanent presence in prisons. This practicepurportedly violates Article 40 of the Criminal Procedures Codewhich prohibits contact between intelligence officers andprisoners. SSIS officers reportedly frequently removeprisoners from their cells and take them to other locations forquestioning.Official sources estimate the total prison population at14,000, of which 5,000 are security cases. They note thatapproximately 4,000 detainees are held without charge. Thesenumbers do not include the undetermined number of persons whoare in detention prior to their entrance in the prison system(see Section 1.c.).In May the Government detained 41 lawyers following ademonstration at the Bar Association building in Cairo bylawyers protesting the death in police custody of Abdel HarethMadani (see Section 1.b.). Some of the detained lawyers werecharged with demonstrating illegally and threatening publicorder, while others, acting as their defense attorneys, wereaccused of incitement. Some were detained without charge.None was tried. All but one, Montasser Al-Zayyat, werereleased after 3 to 4 weeks in detention. Al-Zayyat is theself-declared spokesman for the Islamic Group, as well as awell-known attorney who has defended accused extremists,including Sheikh Omar Abdul Rahman. State prosecutors orderedhis release from detention on December 6; he still facespossible trial on charges of his association with an illegalterrorist organization and contact with terrorists.In other cases, security forces continue to detain at least 150former defendants who have been acquitted in court. Some havebeen held for as long as 3 or 4 years.In September the police reportedly arrested hundreds of peopleto prevent any disruption of the U.N. International Conferenceon Population and Development, which was held in Cairo. Thepolice targeted extremists who were reportedly planning toattack the conference.In October the police arrested hundreds of persons in Cairo andHurghada in a security sweep. The arrests followed theSeptember 27 killing at a Red Sea resort town of a Germantourist and two Egyptian citizens by suspected terrorists.Human rights observers estimate that 20 Palestinians are indetention. In September the Government released 34Palestinians at the request of a Palestinian human rights groupand expelled them to Gaza. Some Palestinians who are still indetention entered Egypt illegally, while others are legalresidents and are under investigation for alleged politicalactivities. Some Palestinian detainees have reportedly beentortured. One Palestinian was executed in 1994 afterconviction for involvement in terrorist offenses. e. Denial of Fair Public TrialAlthough the judiciary in recent years has exercisedconsiderable independence, the Government continued tocircumvent the regular court system by trying accusedterrorists in military courts, in which they do not receivefair trials.There are three levels of civilian criminal courts: primarycourts, appeals courts, and the Court of Cassation, the finalstage of criminal appeal. There is also a SupremeConstitutional Court, but its jurisdiction is limited toconstitutional challenges. It does not hear criminal appeals.The judicial system is based on the Napoleonic tradition, hencethere are no juries. Criminal cases are heard by panels ofthree judges. Most trials are public.In the civilian court system, the President appoints all judgesbased on nominations from the Higher Judicial Council, aconstitutional body designed to ensure the independence of thejudiciary. The Council is composed of senior judges, lawyers,and law professors and is chaired by the President of the Courtof Cassation. It regulates judicial promotions, salaries,transfers, and disciplinary actions. In practice, however, theMinister of Justice, an executive branch officer, hasconsiderable influence over judicial appointments andtransfers. Judges may be appointed as prosecutors, and viceversa.There are three special courts for crimes considered to touchupon national security: state security courts, courts ofethics, and military courts. The state security courts havejurisdiction over serious offenses, such as armedinsurrection. They are divided into upper and lowerdivisions. Trials are heard by three judges, but two militaryofficers may be added by presidential decree to the upperdivision. Defendants before a state security court may beindicted under the Penal Code or the Emergency Law. When anindictment is handed down under the Emergency Law, the court isdesignated an Emergency State Security Court.A defendant has no judicial appeal from an Emergency StateSecurity Court. However, he may file an appeal for clemencyfrom the President, or the Prime Minister acting for thePresident, who is empowered to amend, commute, or cancel asentence, or order a retrial. These powers imply that anacquittal may be canceled and the defendant retried for thesame offense.The Court of Ethics hears cases prosecuted under Law 95 of 1980which makes illegal such activities as "endangering the publicsafety," inciting youth "to depart from religious values andloyalty to the fatherland," and denying the three "heavenlyreligions." It has an upper and lower division. In recentyears, the ethics courts have been used relatively infrequentlyto try "economic crimes," such as corruption and drugtrafficking. An ethics court conviction denies the defendantthe right to engage in certain occupations or activities.A person may be tried in a state security court and an ethicscourt on similar indictments: in the former for criminaloffenses and in the latter for the financial gains associatedwith those offenses. Ethics courts have confiscated financialgains obtained under indictable offenses and may add prisonterms to those meted out by state security courts. If theethics and state security courts reach different verdicts, thedefendant may appeal to the President for a pardon.As part of their independence from the Government, judges haveordered inquests into torture cases; acquitted defendants incases in which confessions were extracted by torture;challenged the ban on workers' strikes; defended the right tononviolent ideological opinion; overturned bans on prohibitedpolitical parties; and overturned an election law thatdiscriminated against independent candidates and ordereddissolved the People's Assembly elected thereunder.Nonetheless, the judiciary is still subject to considerableoutside influence. The ethics courts allow nonjurists to trycases. The President may appoint military judges to try casesin the security courts. The executive branch does not alwaysenforce court orders. Detainees may be rearrested under theEmergency Law without formal charge, even if previouslyreleased by a court. In 1994, in contrast to previous years,no defendants in terrorism trials were acquitted on the basisof torture, although, according to Egyptian human rightsmonitors, the majority of such defendants claimed they had beentortured.Since 1992 the Government has tried at least 543 civiliandefendants in military courts for terrorist acts or membershipin subversive organizations. Defendants have been tried ingroups as few as 8 and as many as 32. The Government claimsthat civilian trials are too lengthy and civilian judges toosusceptible to intimidation to warrant their use in terroristcases. In 1994 the Government referred for trial in militarycourts at least 97 civilians for terrorist acts or membershipin subversive organizations. Through September, these courtssentenced 22 defendants to death, 42 to prison, and acquitted 3.Each military court comprises three military officers. Thepresiding judge usually has general officer rank. In January1993, the Supreme Constitutional Court upheld the use ofmilitary courts to try civilian cases. It ruled that thePresident, acting under powers in the Emergency Law, isauthorized to refer "any crime" to a military court.The Government maintains that civilian defendants receive fairtrials in the military courts. It argues that all militaryjudges have the same legal training as judges in the civiliancourts; defense attorneys are accorded sufficient time toreview the prosecution's files and inspect the State'sevidence; trials are conducted under the same procedures usedin civilian courts; defense attorneys have the right tocross-examine and to call any witness; military judges applyonly the Penal Code in trying cases involving civiliandefendants--no civilian defendant is subject to military law ormilitary punishments; there are adequate safeguards against theadmission of confessions obtained under duress; defenseattorneys are appointed by the Bar Association at state expensefor indigent defendants; verdicts are reviewed by two panels ofmilitary judges, who examine the trial procedures before theyforward the verdicts to the President for ratification; and alldefendants have a constitutional right to appeal to thePresident for clemency.</text>
</content>
<name>Egypt </name>
<script></script>
</card>
card_22313.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ECUADOR HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995Section 6 Worker Rights a. The Right of AssociationThe Constitution and Labor Code provide most workers the rightto form trade unions. However, public security and militaryofficials and public sector employees in nonrevenue earningentities are not free to form trade unions. The 1991 laborcode reforms raised the number of workers required for anestablishment to be unionized from 15 to 30, which theInternational Labor Organization (ILO) Committee on Freedom ofAssociation (CFA) considered too stringent a limitation at theplant workers council level.While employees of stated-owned organizations enjoy rightssimilar to those of the private sector, the law technicallyprevents the majority of public sector employees from joiningunions or exercising collective bargaining rights.Nevertheless, most public employees maintain membership in somelabor organization, and there are frequent "illegal" strikes.Despite official threats, the Government rarely takes actionagainst striking public workers.Approximately 8 to 9 percent of the work force is organized.There are four large labor centrals or confederations, three ofwhich maintain international affiliation. None of the mainlabor centrals is firmly connected to any one political party,and there are no ties between the Government and any laborunion.There are few restrictions on workers' right to strike,although a 20-day cooling-off period is required beforedeclaring a strike. The 1991 labor code revisions limitsolidarity strikes or boycotts to 3 days, provided that theyare approved by the Labor Ministry. In a legal strike, workersmay take possession of the factory or workplace, thus endingproduction at the site, and receive police protection duringthe takeover. The employer must pay all salaries and benefitsduring a legal strike; the Labor Code protects strikers andtheir leaders from retaliation. The only significant strike in1994 was at the Aztra sugar refinery. Workers closed down theplant to protest the sale of the company as part of theGovernment's modernization program. As noted in Section 1.a.,police killed one Aztra worker during street demonstrationsrelated to the strike. b. The Right to Organize and Bargain CollectivelyEcuador has a highly segmented labor market with a minority ofworkers in skilled, usually unionized, positions in state-runenterprises or in medium to large industries. Most of theeconomically active population is employed in either theagricultural sector or the urban informal sector; the vastmajority of these workers are not organized. The Labor Coderequires that all private employers with 30 or more workersbelonging to a union must negotiate collectively when the unionso requests.The new labor law streamlined the bargaining process in stateenterprises by requiring workers to be represented by one laborunion only. It prohibits discrimination against unions andrequires that employers provide space for union activities uponthe union's request. The law does not permit employers todismiss a worker without the express permission of the Ministryof Labor, rulings which are not subject to judicial review. Ifthe Ministry of Labor rules a dismissal as unjustified, it canrequire the employer to pay large indemnities or separationpayments to the worker, although the reforms set a cap on suchpayments. The Labor Code provides for resolution of laborconflicts through an arbitration and conciliation boardcomprised of one representative of the Ministry of Labor, twofrom the union, and two representatives of management.The Maquila (in bond) Law passed in 1990 permits the hiring oftemporary workers for the maquila industries only. While thereis no express prohibition on association rights in the MaquilaLaw, in practice it is difficult to organize temporaryemployees on short-term contracts. Because the labor law doesnot consider the concept of the temporary worker, they do notenjoy the level of protection offered by the Labor Code. Themaquila system allows a company and its property to become anexport processing zone wherever it is located. Many such"zones" have thus been established; most are dedicated totextiles and fish processing. c. Prohibition of Forced or Compulsory LaborThe Constitution and the Labor Code prohibit compulsory laborand there were no reports of it. d. Minimum Age for Employment of ChildrenThe law prohibits persons less than 14 years old from working,except in special circumstances such as apprenticeships. Itrequires those between the ages of 14 and 18 to have thepermission of their parent or guardian to work. The lawprohibits children between the ages of 15 and 18 from workingmore than 7 hours per day or 35 hours per week, and itrestricts children below the age of 15 to a maximum of 6 hoursper day and 30 hours per week. In practice, the Ministry ofLabor is seriously lax in enforcement of child labor laws. Inrural areas many children attend school only sporadically afterabout 10 years of age in order to contribute to householdincome as farm laborers. In the city many children under age14 work in family-owned "businesses" in the informal sector,shining shoes, collecting and recycling garbage, or as streetpeddlers. e. Acceptable Conditions of WorkThe Ministry of Labor has the principal role in enforcing laborlaws and carries this out with a corps of labor inspectors whoare active in all 21 provinces. The Labor Code provides for a40-hour workweek, a 15-day annual vacation, a minimum wage, andother variable employer-provided benefits, such as uniforms andtraining opportunities.The Ministry of Labor sets the minimum wage every 6 months inconsultation with the Commission on Salaries, but Congress mayalso adjust it. Enforced by the Ministry of Labor, the basicminimum wage is not adequate to provide a decent standard ofliving for a worker and family. As of December, the minimumwage plus mandated bonuses provided a gross monthlycompensation of approximately $120.50 (277,334 sucres). Mostorganized workers in state industries and formal sector privateenterprises earned substantially more than the minimum wage andalso received significant other benefits through collectivebargaining agreements. The great majority of Ecuadorian labor,however, works in the large informal sector without recourse tothe 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 theworkplace of his own volition, even if there is a hazardoussituation. The worker is allowed to request that an inspectorfrom the Ministry of Labor come to the workplace and confirmthe hazard; that inspector may then close down the workplace.The Government enforces health and safety standards andregulations through the Social Security Institute. In theformal sector, occupational health and safety is not a majorproblem. However, there are no specific regulations governinghealth and safety standards in the agricultural sector and, inpractice, there is no enforcement of safety rules in the smallmines which make up the vast majority of the mining sector.mines which make up the vast majority of the mining sector.</text>
</content>
<name> </name>
<script></script>
</card>
card_21826.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: ECUADOR HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 ECUADOREcuador is a constitutional republic with a president and a77-member unicameral legislature chosen in free elections. The1994 midterm elections left President Sixto Duran Ballen'sgoverning coalition only nine seats in the National Assembly.Members of the Supreme Court preside over a judiciary that isconstitutionally independent but susceptible to outsidepressure. The Assembly has sweeping powers to question andcensure cabinet ministers; such censure results in automaticdismissal of the minister in question. This is often used as apolitical tool by opposition political parties.The Ecuadorian military has significant autonomy, reinforced byguaranteed access to revenues from the nation's oil exports, aswell as from civil aviation, shipping, and other economicactivities. The military has maintained a low profile indomestic politics since the return to constitutional rule in1979. The National Police, responsible for domestic lawenforcement and maintenance of internal order, falls under thecivilian Ministry of Government and Police. There continued tobe credible allegations of human rights abuses by the policeand in some isolated cases the military.The economy is based on private enterprise, although therecontinued to be heavy government involvement in key sectorssuch as petroleum, utilities, and aviation. Inflation wasabout 25 percent in 1994, though it continued a steady downwardtrend begun in 1992. Most Ecuadorians are employed in theurban informal sector or as rural agricultural workers; ruralpoverty is extensive, and underemployment is high.The most fundamental human rights abuse stems from shortcomingsin the politicized legal and judicial system. People aresubject to arbitrary arrest; once incarcerated, they may waityears before coming to trial unless they resort to payingbribes. Other human rights abuses included instances ofextrajudicial killings; torture and other mistreatment ofprisoners and detainees by the police; government failure toprosecute and punish human rights abusers; and pervasivediscrimination against women, blacks, and indigenous people.Despite these continuing problems, the Government did makesignificant progress toward prosecuting those responsible fortwo longstanding human rights cases in 1994.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of politically motivated killings in1994. The police continued to be responsible for extrajudicialkillings, although the number of such reports droppednoticeably. The police often acted with impunity in suchcases, because disciplinary action is the responsibility of thepolice itself. Although special police courts usually trycases involving police officers as defendants, the Governmentin some recent cases withdrew this right and tried officers incivil 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 indigenousprotest, but with no involvement by security forces (seeSections 2.a. and 5). Two deaths involved persons who died inpolice custody while being interrogated. A stray bullet killedone person during a military anticrime sweep in the city ofEsmeraldas.For example, CEDHU reported that members of Interpol, part ofthe 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 themorgue of the Isidro Ayora hospital in Loja withoutexplanation. His body showed signs of scrapes, bruises, andburns. The authorities took no action against the Interpolofficers. Another extrajudicial killing occurred when policekilled a striking sugar refinery worker. There was noinvestigation of this case.After long delays, there was progress toward prosecution ofthose responsible for two of the principal human rights casesin Ecuador--the 1988 disappearance and presumed deaths of theRestrepo brothers and the 1985 disappearance and murder ofConsuelo Benavides. In the case of the Restrepo bothers, thepresident of the Supreme Court made a series of determinationson the case beginning in May when he declared two lower rankingpolice officials as authors of the murders, three midlevelofficers as accomplices, and General Gilberto Molina (then thepolice commander), and one other officer as involved in acoverup. On November 15, the president of the Supreme Courtgave these seven defendants the maximum sentences for thecrimes for which they were charged. Appeals were expected.In the Benavides case, after a long internal investigationwhich strongly implicated Navy Commander Fausto Morales in themurder, in August the Minister of Defense ordered that Moralesbegin to report to his superiors on a weekly basis. WhenMorales failed to appear at the second such meeting, theauthorities sent military police to pick him up and jail him.The Minister of Defense announced that the investigation of thecase had uncovered enough evidence of Morales' guilt that theGovernment would withdraw his traditional right to a militarycourt trial and turn him over to a civilian court forprosecution. By the end of the year, the Supreme Court's penalchamber had moved into the final stages of the case, and adecision was expected soon. b. DisappearanceThere were no reports of politically motivated disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough the law prohibits torture and similar forms ofintimidation and punishment, police continued to physicallymistreat suspects and prisoners, usually with impunity. CEDHUregularly published detailed reports on suspects claiming thatthe police had tortured them, frequently naming policeofficials alleged to be responsible, and often includingphotographs of the victims with their wounds. In most cases,the police appeared to have abused such persons duringinvestigations concerning ordinary street crime. According toCEDHU, the victims reported that the police beat them, burnedthem with cigarettes, or threatened them psychologically. TheGovernment has never responded to CEDHU's reports.The law permits police or military courts to try policeofficers and members of the armed forces in closed sessions.The police court in particular does not announce verdicts orpunishments, if any, creating the strong impression that thepolice are immune from prosecution. In some high-profile cases(as in the Consuelo Benavides case and the Restrepo case notedin Section l.a.), the civilian authorities may decide to remanda case to a civil court.The most significant case of alleged mistreatment of prisonersinvolved the suspects arrested by the military following a FARC(Revolutionary Armed Forces of Colombia) guerrilla ambush alongthe Colombian border. The military picked up 11 alleged FARCmembers or supporters, 10 Colombians and 1 Ecuadorian, in asweep following an ambush in which 11 soldiers and policeofficers died. All but two of the suspects signed confessionsadmitting to taking part in the ambush. Two, however, laterrecanted saying that they had signed the confessions as aresult of torture. Others also claimed the military torturedthem but did not recant their confessions. The one femaleprisoner said she was raped. Several human rightsorganizations examined the prisoners and confirmed that theyhad a variety of injuries ranging from bruises and abrasions toa broken arm. The military said the injuries were a result ofbeing handcuffed and of traveling through the jungle on foot.According to some human rights observers who were close to thecase, medical examinations of the suspects indicated that theinjuries were consistent with either explanation, and thatthere was no conclusive evidence of torture. In August theauthorities released 4 of the 11 for lack of evidence,including the 2 who had never confessed and the 2 who hadrecanted.Conditions in Ecuador's detention centers generally continuedto be poor. Prisons in the tropical coastal areas tend to beworse than those in the temperate highlands. Overcrowding is achronic problem, although conditions are notably better in thewomen's prison in Quito than in other facilities. There are noseparate facilities for hard-core or dangerous criminals, norare there effective rehabilitation programs.Indigenous organizations continued to charge that privateparamilitary groups target indigenous people and other peasantsfor violent and lethal reprisals during illegal land invasionsand other squatter demonstrations. However, there were nosubstantiated reports of any serious incidents between theparamilitary groups and squatters in 1994. Modifications madein the agrarian land reform law changed the former legalframework that had prompted many landowners to form their ownprivate armed security units to protect their land holdings.Under the new law, civil courts settle land disputes. d. Arbitrary Arrest, Detention, or ExileThe Constitution and the Penal Code provide that no one may bedeprived of liberty without a written order from a governmentalauthority, but the authorities often violated these legalprotections against arbitrary arrest or detention. By law theauthorities must issue specific written orders within 24 hoursof detention--even in cases in which a suspect is caught in theact of committing a crime--and must charge the suspect with aspecific criminal offense within 48 hours of arrest. Alldetained persons have the right to a review of the legality oftheir detention within 48 hours of arrest, a review that issupposed to be carried out by the senior elected official(usually the mayor) of the locality in which the suspect isheld. Regardless of the legality of a detention, the lawrequires a court order in order to release a prisoner. In somecases, detainees unaware of this, or who do not have the fundsto hire a lawyer, may remain in prison for an extended periodbefore being released. Bail is not generally available.Families of detainees sometimes intervene in an attempt tosecure the prisoner's freedom through illegal means.Human rights organizations reported occasional cases ofincommunicado detention, although the law prohibits thispractice. Despite provisions of the Penal Code, the policeoften detained suspects without the required written order.Even when an order was obtained, those charged with determiningthe validity of detention often allowed frivolous charges to bebrought, either because of overwork or because bribes were paidby the accuser. In many instances, the system was used as ameans of harassment in civil cases in which one party sought tohave the other arrested on criminal charges. The authoritiesfrequently detained suspects longer than 24 hours before orderswere signed and charged few within 48 hours of arrest.Preventive detention up to and including trial is legal undercertain circumstances.The Government does not use exile as a method of politicalcontrol. e. Denial of Fair Public TrialThe regular court system tries most non-military defendants,although some indigenous groups try members privately forviolations of tribal rules. Despite efforts begun in 1992 todepoliticize and modernize the court system, the judiciarycontinues to operate slowly and inconsistently. Judgesreportedly rendered decisions more quickly or more slowlydepending on political pressure or the payment of bribes.However, the norm is for lengthy periods before cases come tothe courts (see below).The law provides for internationally accepted due processrights for criminal defendants, but the authorities often didnot observe these rights in practice. By law, the accused ispresumed innocent until proven guilty, and defendants have theright to a public trial, defense attorneys, and appeal. Theymay present evidence but have the privilege not to testifyagainst themselves, and they may confront and cross-examinewitnesses. Although a public defender system exists, inpractice there are relatively few attorneys available to defendthe large number of indigent suspects.Trial is supposed to begin within 15 to 60 days of the initialarrest, but in practice, initiation of the trial phase can takeyears. An end-of-year census of the penitentiary system foundthat only 29 percent of the 9,227 prisoners had been convictedof a crime. Indigenous people and other minorities aredisproportionately affected by these delays as they are morelikely to be poor and unable to buy their way out of pretrialdetention. However, there was no evidence of a systematiceffort to discriminate against women or minorities.There were no political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe law requires police to have a warrant to enter a privatehome or business, except in the case of hot pursuit. Thepolice generally respect the sanctity of private homes andcorrespondence. Police surveillance is permitted, but theConstitution prohibits wiretapping, and the results of awiretap are not admissible as evidence in court.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe Constitution provides for freedom of speech, and theauthorities generally respected this provision in practice, butwith some notable exceptions. All of the major media organs--television, newspapers, and radio--are in local private handsexcept for two government-owned radio stations. (Foreigninvestment in media is prohibited.) However, using a law(promulgated by the last military regime) that requires themedia to give the Government free space or air time, theGovernment can and does require television and radio tobroadcast government-produced programs featuring the Presidentand other top administration officials. It also requiresnewspapers to carry a minimum amount of news prepared by theNational Secretariat of Social Communications. The media andopposition political figures often criticized the Government'suse of the media for its own political ends.In June, following a protest by indigenous people against anagrarian reform law, troops took over several radio stations inheavily indigenous areas. The Government accused the stationsof inciting the protest which resulted in the deaths of twopersons in altercations between striking indigenous people andother civilians. The Government allowed the stations back onthe air after they agreed not to broadcast news or otherinformation related to the protest. The Government said thepublic service stations had violated their charters bybroadcasting news reports. (Public service stations areprohibited from airing news, opinion, or commercial messages.)The media represent a wide range of political views and oftencriticize the Government. However, some degree ofself-censorship in the print media occurs, particularly withrespect to politically sensitive issues or stories about themilitary and its related industries. The media also willinglycensored issues considered to be in the realm of nationalsecurity when the Government so requested.The Government does not interfere in issues involving academicfreedom. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for the rights of free assembly andassociation for peaceful purposes. These rights are generallyrespected in practice. Public rallies require prior governmentpermits, which are generally granted, although exceptionsexist. Numerous political demonstrations took place in thecapital and the outlying regions, including a major nationalprotest by indigenous groups. In general the security forcesintervened in demonstrations only when there was violenceagainst bystanders or property. Although the authoritiesusually showed restraint in the use of force, riot police intwo instances fired tear gas canisters at protesters, causingsome serious injuries.Following the court decisions in the Restrepo case (see Section1.a.), the Government continued to refuse to renew a permit forthe Restrepo family to hold its weekly protest in the mainplaza in front of the presidential palace. However, the weeklydemonstrations continued because the boys' father believed theconvictions should have included higher government officials. c. Freedom of ReligionThe Constitution prohibits discrimination for religiousreasons, and citizens are free to practice the religion oftheir choice. Numerous foreign-based religious orders andmissionary groups are active. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution assures the right of all citizens to travelfreely throughout the country, to choose their place ofresidence, and to depart from and return to Ecuador. Theserights are respected in practice.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentSince the return to civilian rule in 1979, citizens haveactively exercised their right to change their national andlocal governments. Free and fair elections resulted in thepeaceful transfer of power to parties of opposing views inpresidential elections every 4 years. There are 15 legallyregistered political parties, spanning the ideologicalspectrum, 13 of which are represented in Congress. The 1992national elections resulted in the peaceful transfer of powerfrom a center-left government to a center-right government,with a realignment of power within the National Assembly aswell.Voting is mandatory for literate citizens over the age of 18and voluntary for illiterate citizens. The Constitution barsmembers of the clergy from election to Congress, thepresidency, or vice presidency. Candidates must belong to oneof 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 completelyabsent from high positions in government, although no specificlaws or policies prevent women or minorities from attainingleadership positions. Grassroots community groups,particularly among the indigenous population, were increasinglysuccessful in pressuring the central Government to assistthem. Several traditional political parties began to court therural indigenous vote, and at least one, the Maoist PopularDemocratic Movement, did unexpectedly well in the Maycongressional elections because of support it received inheavily indigenous areas.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsDomestic human rights groups such as CEDHU and the regionalLatin American Human Rights Association (ALDHU) are independentand actively monitor human rights issues. These groups,particularly CEDHU, have been outspoken in their criticism ofthe Government's record on specific cases. Nevertheless, theGovernment contracted with ALDHU to provide human rightstraining to the military and the police.International human rights organizations operate withouthindrance in Ecuador.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution prohibits discrimination based on race,religion, sex, or social status. However, women, blacks, andindigenous people face significant discrimination. WomenDiscrimination against women is pervasive in Ecuadoriansociety, particularly with respect to educational and economicopportunity in the lower economic strata. The increasinglyactive women's movement blames culture and tradition forinhibiting achievement of full equality for women. There arefewer women in the professions or working as skilled laborersthan men, and salary discrimination against women is common.Although the law prohibits violence against women, includingwithin marriage, it is a widespread practice. Many rapes gounreported because of the victims' reluctance to confront theperpetrator. An individual alone may not swear out a complaintagainst a spouse or companion, but must have a third party doso. While some communities have established centers forcounseling and legal support of abused women, the Governmentonly began to address this question with the formation of the"Comisaria de la Mujer," or Women's Bureau, which initiatedwork in early November. Still, while the Comisaria can acceptcomplaints about abuse from women, it has no authority to acton them. ChildrenThe Government is committed in principle to the welfare ofchildren but has not taken effective steps to promote it.Government resources to assist children have traditionally beenlimited, though in October it instituted a program to care forthe children of the working poor called "Operation ChildRescue." Several private organizations are very active inprograms to assist street children, and the U.N. Children'sFund also runs a program in conjunction with the Central Bank.Especially in urban areas, the children of the poor oftenexperience severe hardships. It is common to see children asyoung as 5 or 6 years of age selling newspapers or candy on thestreet to support themselves or to augment the family income.There also are instances of prostitution by girls under 18 inurban areas. In rural areas, young children often must leaveschool at an early age to help out on the family's plot of land. Indigenous PeopleWhile at least 85 percent of all Ecuadorians claim someindigenous heritage, culturally indigenous people make up about25 to 30 percent of the total population. The vast majority ofthese people live in rural areas and most live in varyingdegrees of poverty. Land is scarce in the more heavilypopulated highland areas. High infant mortality, malnutrition,and epidemic disease are common, and potable water andelectricity too often unavailable. The rural education systemis seriously deficient.Indigenous people enjoy the same civil and political rights asother citizens and also have several special privilegesdesigned to allow them to manage their own affairs within theirown 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 rolein the decisionmaking process in the use of their lands for oilexploration and production through direct pressure on theGovernment and through their contacts with foreignnongovernmental organizations. Many indigenous groupsparticipated actively with the Ministry of Education in thedevelopment of the bilingual education program used in ruralpublic schools.Indigenous leaders argue that the Government does not taketheir interests into consideration when making national policyand that the only way to get attention is through activeprotests. In one such action in June to express opposition toa newly passed agrarian reform law, indigenous groups blockedroads in the highland region of the country, isolating citiesfrom other regions and from food-producing areas for almost 2weeks. During confrontations in the protest, persons affectedby the stoppage of commerce killed two indigenous people. Whenthe Government finally announced a military mobilization to endthe protest, the authorities restored peace rapidly and withoutfurther bloodshed. As a result of the protest, the Presidentnamed a commission with significant indigenous participation toredraft the Agrarian Reform Law. Congress then quickly passeda modified reform law. National/Racial/Ethnic MinoritiesThe population of the rural, northern coastal area includeslarge numbers of black citizens. They suffer widespreadpoverty and pervasive discrimination, particularly with regardto educational and economic opportunity. There were no specialgovernment efforts to address these problems. People with DisabilitiesThere are no laws to guarantee disabled people access to publicbuildings or services, nor are they provided any other specialgovernment assistance.</text>
</content>
<name>Ecuador </name>
<script></script>
</card>
card_21591.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: DOMINICAN REPUBLIC HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995The law prohibits forced or compulsory labor. During previousyears, the Government and the CEA forcibly recruited Haitianseasonal agricultural workers and then restricted them tospecific sugar plantations. The CEA denied the use of paidrecruiters inside Haiti to obtain workers, and there is noconclusive evidence that either practice occurred to anysignificant degree in 1994. There are no firm statistics onthe number of cane cutters on CEA plantations; most estimatesplace the number at around 30,000. The CDH reported aninstance where recruiters contracted approximately 500 Haitiansunder false pretenses to work at the Rio Haina Sugar Mill. Asthis year's harvest in the southern half of the country began,the Ministry of Labor estimated that the percentage of migrantworkers would drop to between 20 and 30 percent of the workers.Haitian sugar cane workers continued to encounter restrictionson their freedom of movement, but there were fewer reportedinstances than in the past. They included the presence ofarmed guards in and around various sugar plantations and thesequestering of workers' belongings in order to discouragetheir movement to other CEA plantations or other types ofemployment. The government program to document temporaryworkers begun in 1992 has been extended to approximately 50percent of all itinerant Haitian workers. Haitians' right towork is thus documented, but a contractual obligation is alsoimposed for workers to remain in a specific area for theduration of the work contract. Many Haitians do not understandthe contractual process, and work conditions tantamount toindentured servitude prevail. The CEA and the Dominican Officeof Immigration initiated a program in late 1991 to issue 1-yeartemporary work permits to the workers. According to a 1993survey by an independent polling firm, 50 percent of allitinerant Haitian workers possessed permits. There are nofigures available on the number of forcibly repatriated Haitiancane and coffee workers, but the authorities continued to forcerepatriations at will, depending upon the demand for labor. d. Minimum Age for Employment of ChildrenThe Labor Code prohibits employment of youth under 14 years ofage and places various restrictions on the employment of youthunder age 16. These restrictions include a limitation of nomore than 6 hours of daily work, no employment in dangerousoccupations or jobs involving the provision of intoxicatingbeverages, and limitations on nighttime work.In practice, children remain at risk of exploitation since theGovernment does not enforce many of the child laborrestrictions. During the past few years, the Labor Secretariatmade some effort to enforce the law in cases where companiesemployed underage workers, but penalties were largely limitedto small fines. Some young workers obtained work permits andcontinued their employment; employers dismissed those unable toobtain permits. Numerous minors perform unregulated work asitinerant vendors shining shoes, selling newspapers, andcleaning cars.The CEA and the Labor Secretariat took steps to discouragechild labor in CEA sugar plantations, and it occurred in onlyisolated instances, most involving children accompanying theirfathers into the fields. e. Acceptable Conditions of WorkThe Constitution gives the Government legal authority to setminimum wage levels, and the Labor Code assigns this task to anational salary committee. Congress may also enact minimumwage legislation. Minimum wage raises have not compensated forthe loss of purchasing power, and scheduled wage increases in1994 only provided partial relief. Most workers receive onlythe minimum wage, which averages around $90 per month (xxxpesos) depending on the sector and employer size. The minimumwage represents only 20 percent of the estimated monthly costof living for an average-size family in Santo Domingo. As aresult, many people hold more than one job.The Labor Code establishes a standard work period of 8 hoursper day and 44 hours per week. The Code also stipulates thatall workers are entitled to 36 hours of uninterrupted rest eachweek. The Code grants workers a 35 percent wage differentialfor work over 44 and up to 68 hours per week and a 100 percentdifferential for any hours above 68 hours per week.Workplace safety and health conditions frequently do not meetlegal standards, which the Dominican Social Security Institute(IDSS) and the Labor Code establish. Both the IDSS and theLabor Secretariat have small corps of inspectors charged withenforcing standards. However, these posts are customarilyfilled through political patronage, and some inspectors haveearned a reputation for corruption. In practice, workerscannot remove themselves from workplace situations withoutjeopardy to continued employment.Conditions for agricultural workers, particularly Haitians, arein general much worse, especially in the sugar industry.Although the CEA readily cooperates with nongovernmentalorganizations active in efforts to improve the conditions ofsugar cane workers, in some cases the CEA and the Governmenthave failed to take measures to implement written agreementsdesigned to overcome the problems facing sugar cane workers.Cane cutters on CEA plantations are paid by weight of cut canerather than hours worked and thus they must work significantlymore hours than the standard workweek in order to earn a wageapproaching that of workers in other industries. The CEAcontinued to violate the Labor Code's prohibition of payment innoncash forms by paying field workers in vouchers. Canecutters also faced widespread cheating during the weighing oftheir cut cane. Although the CEA and the Labor Secretariatsigned an agreement with labor unions to allow union officialsto assist the Labor Secretariat in the inspection andmonitoring of CEA weigh stations, they took no action toimplement this agreement. Many worker villages which arepredominantly inhabited by Haitians continue to suffer highrates of disease and a lack of education and medicalfacilities, running water, and sewage systems.</text>
</content>
<name> </name>
<script></script>
</card>
card_21440.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: DOMINICAN REPUBLIC HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 DOMINICAN REPUBLICThe Constitution of the Dominican Republic provides for apopularly elected President and a bicameral Congress. Inpractice, the system heavily favors the executive branch,headed by seven-term President Joaquin Balaguer. The Presidentappoints justices to the Supreme Court, which heads an onlynominally independent judiciary. International observers foundsignificant irregularities in the May elections, including thedisfranchisement of tens of thousands of voters. Despite aninconclusive investigation of fraud charges, the CentralElectoral Board declared incumbent President Balaguer thewinner. After lengthy negotiations between the parties and thecandidates, it was agreed that President Balaguer would serve areduced term of 18 months. However, the Congress, controlledby Balaguer's party, set the next presidential elections forMay 1996, providing him a 2-year term instead of the normal 4years.The National Police (PN), the National Department ofInvestigations (DNI), the National Drug Control Directorate(DNCD), and the military (army, air force, and navy) form thesecurity services. The Government controls all the securityservices, which are generally responsive to civilian executivebranch authority. However, some members of the security forcescontinued to commit human rights abuses, with the tacitacquiescence of the civil authorities.Once heavily dependent on sugar, the economy has grown morediverse; tourism and export processing zones are now majorsources of income and employment. State-owned firms such asthe State Sugar Council, the Consortium of State Enterprises,and the Dominican Electricity Corporation continue to beheavily involved in the economy, and the financial andadministrative difficulties of these firms still impedeeconomic growth.Human rights problems included electoral disfranchisement,continuing instances of police killings of civilians, arbitrarydetentions (particularly during the tense post-electoralperiod), beating of suspects, security services' refusal toobey judicial orders, judicial corruption, maladministration ofthe courts, and abuses against migrant workers. Workers in thestate-owned sugar plantations and mills continued to laborunder deplorable conditions. Workers in the country's exportprocessing zones achieved some gains with the signing ofcollective contracts and other agreements. Prostitution anddomestic violence are also serious problems.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political killings.Police and military personnel carried out extrajudicialkillings which resulted in the death of at least half a dozencivilians. Some killings occurred as a result of personaldisputes but others clearly were the result of excessive forcewhile in custody. In July the authorities charged a policelieutenant colonel and three lieutenants with killing fourpersons arrested for robbery. In September the colonelallegedly bribed the civilian judge to gain his freedom andfled the country.Military courts try military personnel charged withextrajudicial killings. Police personnel accused of suchkillings are subject to dismissal from the police force, andcan be remanded to civilian courts for trial. Police tribunalshave on occasion tried, convicted, and sentenced personnelcharged with extrajudicial killings. In March a policetribunal sentenced a lieutenant to 2 years in prison for the"voluntary homicide of an individual." In July a tribunalsentenced a police corporal to 5 months' imprisonment for the"fatal wounding" of another person. Of the over 200 casespending in the police tribunal at year's end, 39 percentinvolved "deliberate bullet wound", 15 percent involved death,and 13 percent were listed as "violence against persons." b. DisappearanceIn May a professor at the Autonomous University of SantoDomingo, Narciso Gonzalez, disappeared. Police investigatorsverified the professor's last known whereabouts on May 26, andpursued numerous unfruitful leads but never determined whathappened to him. Many Dominicans, including the professor'sclose associates, believe that the Government ordered theprofessor's disappearance because of his accusations againstmembers of the Government, including President Balaguer, inlectures and in a magazine article published near the time ofhis disappearance. The case remained unresolved at year's end. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentAlthough torture and other forms of physical abuse are illegal,security service personnel continued to abuse detainees. Theauthorities usually order little or no punishment forperpetrators of such abuse. Although punishment may range upto 5 years' incarceration for serious cases of abuse, as a rulethe courts have given convicted officials sentences rangingfrom a 1-month suspension to 6 months in jail. In September apolice appeals tribunal upheld the conviction of a lieutenantcolonel found guilty of heading a torture ring in policeheadquarters. The court sentenced the officer to 2 years'imprisonment.Prisons are overcrowded, and health and sanitary conditions aresubstandard. Some prison personnel reportedly engage inextortion and other corrupt activities, and most prisoners findit necessary to rely on relatives or their own finances inorder to obtain sufficient food. Medical care suffers from alack of supplies. In some instances, minors have beenincarcerated in adult prisons (see Section 5). The Commandantof La Victoria prison was dismissed in November, following ariot over prison conditions. d. Arbitrary Arrest, Detention, or ExileThe Constitution stipulates that the authorities may detainsuspects for a maximum of 48 hours for investigation beforearraignment, after which they must charge or release them.However, in special circumstances, the authorities may detainsuspects for longer periods with the approval of theprosecutor's office. Security services routinely violatedconstitutional provisions by detaining witnesses as well assuspects for "investigation" or "interrogation" beyond theprescribed 48-hour limit. Civil authorities' efforts toaddress these widespread abuses have not yet produced anyresults.Military officers occasionally violated legal provisionsagainst military detention of civilians. The DNCD and NationalPolice continued to engage in indiscriminate roundups of peoplein poorer neighborhoods. In September, for example, policedetained more than 200 persons in one roundup in the country'scapital. They released most detainees after several hours incustody. The security services also occasionally detainrelatives of suspected criminals with the aim of coercingsuspects to surrender. Civil authorities have taken no actionto curb these widespread abuses.The authorities detained hundreds of persons, among themsupporters of the leading opposition party, members of otherantigovernment groups, and journalists, in the period followingthe May elections. In some cases, they carried out thesedetentions ostensibly to foil possible violent demonstrations.Various organizations had called for strikes and demonstrationsto demand annulment of the May elections and to call for newelections. They also asked that the authorities producemissing university professor Gonzalez (see Section l.b.).While the law does not prohibit exile, there are no knowncurrent cases of Dominican citizens in forced exile. e. Denial of Fair Public TrialAlthough the Constitution stipulates an independent judiciary,in practice interference from public and private entities,including the executive branch, substantially underminesjudicial independence. The President appoints justices to theSupreme Court, and the Senate appoints justices to all othercourts with the exception of military and police tribunals.Their terms of office correspond roughly to those of thePresident and other elected officials. A newly elected Senatecan either replace the judges or reconfirm them, and may removeor transfer them by a majority vote. Senators customarilynominate judges on political grounds rather than for theircompetence as jurists. A number of corrupt and incompetentprosecutors and judges also undermine the system. Furthermore,the judicial authorities are ineffectual in the administrativesupervision of judges and prosecutors. A 1994 constitutionalreform gave the judiciary a fixed percentage of the nationalbudget, thereby diminishing legislative control, and created aNational Judicial Council which is to begin naming judges afterpassage of the judicial career law.The Constitution provides for public trial. Statutes providefor public defenders in all criminal cases, but the numberemployed is insufficient. The courts normally appoint lawyersor law students at public expense to defend indigents in felonycriminal cases, but only as available in misdemeanor cases.Chronic delays plagued the judicial process; of the penalsystem's approximately 11,000 detainees, the courts have triedand convicted only about 10 percent. Although the right tojudicial determination of the legality of detention exists,pretrial detention is legal and commonly employed. Thiscustom, coupled with a lack of administrative and financialsupport for the system, creates a major backlog of cases, whichin turn causes suspects to suffer long periods of pretrialdetention that sometimes exceed possible criminal penalties.More than 250 persons, among them more than 50 persons withoutofficial charges against them, remained incarcerated in SantoDomingo's La Victoria prison despite having judicial orders fortheir release, according to a group of human rights monitors.These prisoners have been in custody for periods ranging from1 month to more than 5 years. Minors constitute more than halfthe group. The Attorney General for Santo Domingo called forthe release of these prisoners. However, the National Policeand the DNCD persisted in their refusals to release someprisoners and detainees who had been granted judicial releaseorders, alleging judicial corruption and the seriousness of thealleged crimes as justification for this noncompliance. Nohigher authority has taken action to force the prisonauthorities to comply with the release orders.The judicial system provides for bail. However, cases in whichbail is posted rarely come to trial, circumventing the intendedpurpose of bail.Military or police courts have jurisdiction over members of thearmed forces and police, but a military or police boardfrequently remands cases to civilian courts after review.There is no evidence that the Government holds politicalprisoners. f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Government does not arbitrarily interfere with the privatelives of persons or families and generally observesconstitutional provisions against invasion of the home. Theauthorities may not search a residence except in the presenceof a prosecutor or an assistant prosecutor, in instances of"hot pursuit," or when there is probable cause to believe thata crime is in progress. During the 1994 electoral campaign andthe post-electoral crisis, there were numerous credibleallegations of widescale interception of telephoneconversations and surveillance of individuals which may haveinvolved the Government as well as political parties. Inaddition, opposition politicians charged that government raidson their homes, ostensibly to search for firearms, werepolitically motivated. They also charged that the securityservice officials who rounded up many of the detaineesmentioned in Section 1.d. employed illegal raids on their homesto capture them.Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and PressThe law provides for these freedoms and the Governmentgenerally respected them in practice. However, there wereinstances in which the authorities abused these rights.Dominicans of most political persuasions exercise freedom ofspeech, but a 1971 law prohibits foreign language broadcasts.The numerous privately owned radio and television stationsbroadcast all political points of view.The Government controls one television station but no majornewspapers. Newspapers freely reflect independent andopposition points of view. Although journalists operate in arelatively tolerant environment, they practice a certain amountof self-censorship for fear of retaliation ranging from loss ofinfluence to loss of a job. Soon after the May elections, theForeign Ministry issued a note warning the authorities wouldtake action accordingly against journalists deemed to haveviolated national security. Economic considerations alsoinhibit free expression, as powerful economic consortiums orwealthy, influential families own all the principal mediaoutlets. Some journalists solicit, or are responsive to,bribes in order to generate reports.In July the executive committee of the College of DominicanJournalists denounced police infringement of activities byjournalists during the postelectoral period. During theensuing months, the authorities temporarily jailed a number ofjournalists, beat some, and damaged their equipment.Public and private universities enjoy broad academic freedom.The Government exerts no control over private universitiesexcept for the preservation of standards, and teachers appearto be free to voice their own theories without governmentoversight. b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for these freedoms, which theGovernment generally respects in practice. The Governmentrequires permits for outdoor public marches and meetings, andthe authorities usually granted them. However, in thepostelectoral period, the authorities preempted antigovernmentdemonstrations by illegally detaining organizers.Political parties freely affiliate with their foreigncounterpart organizations. Professional organizations oflawyers, doctors, teachers, and others function freely and canmaintain relations with counterpart international bodies ofdiverse political philosophies. c. Freedom of ReligionThe Constitution prohibits discrimination on religious grounds,and the Government does not interfere with the free practice ofreligion. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens face no unusual legal restrictions on travel within oroutside the country.In 1994 the authorities forcibly repatriated between severalhundred to a few thousand Haitians believed to be in thecountry illegally, according to various sources. Some of thesewere legal resident Haitians and persons of Haitian ancestrywho may have claims to Dominican citizenship. The authoritiesdid not allow the Haitians opportunity to establish theirpossible claims to legal residence. Although somewhatdiminished in comparison with earlier years (see Section 6.c.),there was continued forced recruitment and detention ofHaitians to work on sugar plantations.Since the 1991 coup in Haiti, the United Nations HighCommissioner for Refugees (UNHCR) accorded refugee status to1,341 Haitians who fled to the Dominican Republic. Althoughthe Government began processing petitions for Dominicanrecognition of the refugee status of the Haitian UNHCR wards in1991, only 10 percent have been granted such status thus far.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens have the constitutional right to change theirgovernment in free and fair elections, but there wereallegations of a level of fraud in the national elections whicheffectively infringed this right. Although people voted inrecord numbers in the May 16 elections, international observersidentified significant irregularities, including thedisfranchisement of tens of thousands of voters (primarilysupporters of the leading opposition party), evidence of doublevoting, and voting by ineligible persons. An investigationcommission appointed by the Central Electoral Board (anindependent body appointed by the Senate with the approval ofthe major parties) largely confirmed the irregularities, notingthat they placed in dispute a number of votes potentiallylarger than the margin of victory. Despite the irregularities,the Central Electoral Board declared incumbent PresidentJoaquin Balaguer the winner by 22,000 votes.The Dominican Revolutionary Party (PRD), led by presidentialcandidate Jose Francisco Pena Gomez, strongly resisted thisdecision, considering it an attempt to steal the election.Faced with an explosive political crisis, President Balaguernegotiated a political agreement with Pena Gomez, leaders ofthe next largest party, the Dominican Liberation Party (PLD),and other political and civil figures. The agreement includedseveral constitutional reforms, most notably shorteningBalaguer's new term to 18 months (meaning elections in November1995) as well as prohibition of presidential reelection. Inaccordance with this pact, Congress ratified the CentralElectoral Board's decision. However, the Congress, dominatedby Balaguer's party, set the next presidential elections forMay 1996, providing Balaguer a 2-year term. After boycottingthe new Congress for a month in protest, the oppositionlegislators took their seats based on a promise of futurepolitical considerations.The Constitution calls for the President and all 150 members ofthe Senate and Chamber of Deputies to be elected every 4 years.Elections are by secret ballot with universal suffrage forcitizens age 18 and above (except for active duty military andpolice, who may not vote). The President appoints thegovernors of the 29 provinces.Although the nation has a functioning multiparty system, inpractice the President dominates public policy formulation andimplementation. He exercises his authority through use of theveto, discretion to act by decree, and influence as the leaderof his party. The Congress traditionally has had limitedpowers and seldom disapproves actions by the executive branch.The governing Reformed Christian Socialist Party (PRSC) has a2-vote working majority in the 30-seat Senate when it combinesits 14 votes with 1 vote from the PLD and 1 vote from theDemocratic Union. Similarly, in coalition with the PLD, it hasa working plurality in the Chamber of Deputies. Four Senateraces and eight deputy races were close enough that they mayhave been affected by the election irregularities in favor ofthe ruling PRSC.Women and minorities confront no legal or practical impedimentsto political participation. Women hold 8 of the country's 29appointed governorships, 5 cabinet-level executive branchpositions, 14 seats in the 120-member House of Deputies, and1 seat in the Senate.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsNongovernmental human rights organizations operate freelywithout government interference. In addition to the DominicanHuman Rights Committee (CDH), several other Haitian, church,and labor groups exist. The Government has been slow toacknowledge criticism and requests for information from someinternational human rights organizations. It has not respondedto criticisms leveled by the U.N. Human Rights Commission in1993 regarding treatment of Haitian refugees.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe law prohibits discrimination based on race or sex. Suchdiscrimination exists in society, but the Government has notacknowledged its existence or made efforts to combat it. WomenWomen traditionally have not shared equal social and economicstatus or opportunity with men, and men hold the overwhelmingmajority of leadership positions in all sectors. In manyinstances, women are paid less than men in jobs of equalcontent and equal skill level. According to one study, womenare the head of the household in 37 percent of the families inthe capital. Either spouse can easily obtain a divorce, andwomen can hold property in their own names apart from theirhusbands. Congress did not act on legislative proposalsintroduced in 1993 to modify women's status under the Civil andPenal Code.Domestic violence and sexual harassment are widespread.According to one report, approximately 7,000 rapes occurannually, but victims report only 1,500 to the police. Spousalabuse itself is not a crime, and is rarely reported.Dominican women are victims of rings which smuggle third worldwomen to Europe to work as prostitutes in conditions rife withexploitation and mistreatment. The Government does notvigorously enforce prostitution laws, but does periodicallyprosecute organized alien smuggling rings. Corruption and areluctance to restrict emigration hinder enforcement of the law. ChildrenThe Government has not supported its professed commitment tochild welfare with financial or human resources. Despite theexistence of government institutions dedicated to childwelfare, private social and religious organizations carry theprincipal burden. The most serious abuse involving children isthe failure of the justice system to respect the status ofminors in criminal cases; there are more than 150 minors in thecountry's main prison. Especially in narcotics cases, theauthorities sometimes treat minors as adults and incarceratethem in prisons rather than juvenile detention centers.According to local human rights monitors, the incidence ofchild abuse is underreported because of traditional beliefsthat family problems should be handled within the family.Sporadic instances of Haitian child labor on sugar plantationscontinued to occur (see Section 6.d.). A new Minor's Code wentinto effect on January 1, 1995. The Code contains provisionsagainst child abuse, including physical and emotionalmistreatment, sexual exploitation, and child labor. It alsoprovides for removal of a mistreated or delinquent child to aprotective environment. National/Racial/Ethnic MinoritiesDominicans are strongly prejudiced against Haitians, whoconstitute a significant percentage of the unskilled manuallabor force. This often translates into discrimination againstthose with darker skin. In election campaigning, PresidentBalaguer's PRSC sought to undermine PRD candidate Pena Gomez bycharacterizing the latter's dark skin as a Haitian attribute.The Government does not acknowledge the existence of thisdiscrimination nor make any efforts to combat it. Dark-skinnedDominicans also face strong informal barriers to social andeconomic advancement.Credible sources charge that the Government continues to refuseto recognize individuals of Haitian ancestry born in thecountry as Dominican citizens, as it has for many years. Lackof documentation also sometimes hinders the ability of childrenof Haitian descent to attend school; some parents fail to seekdocumentation for fear of being deported. People with DisabilitiesDisabled persons encounter discrimination in employment and theprovision of other services. Although a September 1991 lawmandates certain provisions for physical access for thedisabled for all new public and private buildings, theauthorities have not enforced it.Section 6 Worker Rights a. The Right of AssociationThe Constitution provides for the freedom to organize laborunions and also for the rights of workers to strike (and forprivate sector employers to lock out workers). All workers,except military and police, are free to organize and workers inall sectors exercise this right. Requirements for calling astrike include the support of an absolute majority of theworkers of the company, a prior attempt to resolve the conflictthrough arbitration, written notification to the LaborSecretariat, and a 10-day waiting period following notificationbefore proceeding with the strike. The 1992 Labor Code alsoeliminated previous prohibitions against political and sympathystrikes. The Government respects association rights and placesno obstacles to union registration, affiliations, or theability to engage in legal strikes. The Government has notestablished an adequate court system to enforce the Labor Code.A number of strikes occurred in 1994, principally in the publicsector. The Labor Code specifies in detail the steps legallyrequired to establish a union, federation, and confederation.The Code calls for automatic recognition of a union if theGovernment has not acted on its application within a specifictime. In practice, the Government has readily facilitatedrecognition of labor organizations. Organized labor representsbetween 10 and 15 percent of the work force and is dividedamong three large confederations, three minor confederations,and a number of independent unions. The International LaborOrganization's Committee of Experts considers the two-thirdsmajority vote required to form confederations is too high.Unions are independent of the Government and politicalparties. Labor unions can and do freely affiliate regionallyand internationally. b. The Right to Organize and Bargain CollectivelyAlthough collective bargaining is lawful and may take place infirms in which a union has gained the support of an absolutemajority of the workers, only a minority of companies havecollective bargaining pacts. The Labor Code stipulates thatworkers cannot be dismissed because of their trade unionmembership or activities. The previous Code allowed arbitrarytermination of a worker so long as severance pay was provided;the 1992 Code exempts from dismissal specific numbers of unionorganizers and officials. The number of union organizers orofficials given protection from layoffs can total up to 20members of a union in formation, between 5 and 10 members of aunion executive council (depending on the size of the workforce), and up to 3 members of a collective bargainingnegotiating committee. The new Code established a new systemof labor courts for dealing with labor disputes. The newcourts are located in the two jurisdictions with the most laboractivity, but the juridical problems which the courts wereestablished to address still prevail in the rest of thecountry. Violations of freedom of association, the minimumwage, and overtime pay continue.The State Sugar Council (CEA) employs workers from over 100unions. Dominican workers predominate in the unions, althoughbetween two and five unions are Haitian-dominated. The CEAtolerates existing unions but has steadily resisted additionalunion organizing activity.The Labor Code applies in the 26 established export processingzones (EPZ's) comprised of over 400, mostly U.S.-owned orassociated, companies employing more than 170,000 workers,mostly women. In 1994 four EPZ companies concluded collectivebargaining agreements with unions. Some EPZ companies have ahistory of discharging workers who attempt to organize unions.Although the Government registered more than 50 unions in theEPZ's since the new Labor Code went into effect in 1992, fewerthan 10 of these unions still have their membership intact.Some unions apparently ceased to function due to firings ofunion members, while others may have dissolved because ofvoluntary resignations or company closure. The Secretariat ofLabor has brought criminal charges against 55 EPZ firms forLabor Code violations involving worker rights. The courtsfound in favor of management in the majority of casesconcluded. The unions won two cases. A number of cases wereunder appeal and others still pending at year's end. c. Prohibition of Forced or Compulsory Labor</text>
</content>
<name>Dominican Republic </name>
<script></script>
</card>
card_21129.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: DOMINICA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 DOMINICADominica 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 RIGHTSSection 1 Respect for the Integrity of the Person, including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere were no reports of disappearances or politically motivated abductions. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe 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 ExileThe 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 TrialThe 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 CorrespondenceThe 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 PressThe 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 AssociationThe 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 ReligionThe 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 RepatriationThe 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 GovernmentDominica, 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 RightsThere 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 StatusThe Constitution includes provisions against racial and sexual discrimination, which the authorities respect in practice. WomenBeyond 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. ChildrenVarious 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 PeopleThere 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 DisabilitiesBeyond 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 AssociationAll 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 CollectivelyUnions 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 LaborThe law prohibits forced or compulsory labor, and it does not exist. d. Minimum Age for Employment of ChildrenThe minimum legal age for employment is 15 years. Employers generally observe this law without government enforcement. e. Acceptable Conditions of WorkThe 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.</text>
</content>
<name>Dominica </name>
<script></script>
</card>
card_20836.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: DJIBOUTI HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 DJIBOUTIDespite 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere 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. DisappearanceThere 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 PunishmentThe 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 ExileThe 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 TrialThe 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 CorrespondenceThe 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 ConflictsThe 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 PressThe 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 AssociationThe 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 ReligionIslam 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 RepatriationThe 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 GovernmentAlthough 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 RightsThe 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 StatusThe Constitution prohibits discrimination on the basis of language, race, sex, or religion, but discrimination against women and ethnic minorities is widespread. WomenWomen 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. ChildrenAlthough 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 MinoritiesThe 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 DisabilitiesThe 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 AssociationUnder 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 CollectivelyAlthough 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 LaborThe 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 ChildrenThe 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 WorkOnly 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.</text>
</content>
<name>Djibouti </name>
<script></script>
</card>
card_20482.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: DENMARK HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 DENMARKDenmark 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of such killings. b. DisappearanceThere were no known abductions or disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentSuch 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 ExileNo 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 TrialThe 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 CorrespondenceThe 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 PressAn 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 AssociationThe 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 ReligionThe Constitution provides for complete religious freedom, and the Government respects this in practice. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens 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 GovernmentCitizens 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 RightsDomestic 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 StatusThe 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. WomenThere 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. ChildrenThe 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 PeopleThe 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 DisabilitiesThere 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 AssociationThe 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 CollectivelyWorkers 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 LaborForced or compulsory labor is prohibited and does not occur. d. Minimum Age for Employment of ChildrenThe 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 WorkThere 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.</text>
</content>
<name>Denmark </name>
<script></script>
</card>
card_20380.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: CZECH REPUBLIC HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 CZECH REPUBLICThe 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 parliamentarydemocracy. Prime Minister Vaclav Klaus and his Civic DemocraticParty 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThere were no reports of such practices. d. Arbitrary Arrest, Detention, or ExileThe 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 TrialThe 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 CorrespondenceElectronic 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 PressCzech 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 AssociationThe 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 ReligionThe Constitution provides for religious freedom, and the Government respects this right in practice. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe 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 GovernmentCitizens 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 RightsThe 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 StatusThe 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. WomenThe 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. ChildrenThe 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 MinoritiesThe 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 MinoritiesThe 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 DisabilitiesThe 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 AssociationThe 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 CollectivelyThe 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 LaborThe law prohibits forced or compulsory labor, and it is not practiced. d. Minimum Age for Employment of ChildrenThe 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 WorkThe 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.</text>
</content>
<name>Czech Republic </name>
<script></script>
</card>
card_20098.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: CYPRUS HUMAN RIGHT PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 CYPRUSCyprus 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 RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial KillingThere were no reports of political or other extrajudicial killings. b. DisappearanceThere were no reports of persons abducted, secretly arrested, or held in clandestine detention. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentBoth 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 ExileLaws 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 TrialCyprus 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 CorrespondenceBoth 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 PressFreedom 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 AssociationThe freedom to associate, organize, and hold meetings is protected by law and respected in practice. c. Freedom of ReligionFreedom 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 RepatriationTurkish 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 GovernmentMultiparty 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 RightsThere 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 StatusLegislation in both communities provides for protection against discrimination based on sex, national, racial, or ethnic status, religion, or disability. WomenThroughout 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 law.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. ChildrenBoth communities are committed to protect children's rights and welfare within the context of total available resources. National/Racial/Ethnic MinoritiesBoth 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 DisabilitiesPhysically 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 AssociationAll 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 CollectivelyBy 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 LaborForced or compulsory labor is prohibited by law, and no instances of it were reported. d. Minimum Age for Employment of ChildrenIn 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 WorkThe 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.</text>
</content>
<name>Cyprus </name>
<script></script>
</card>
card_19932.xml
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE card PUBLIC "-//Apple, Inc.//DTD card V 2.0//EN" "" >
<text>TITLE: CUBA HUMAN RIGHTS PRACTICES, 1994AUTHOR: U.S. DEPARTMENT OF STATEDATE: FEBRUARY 1995 c. Freedom of ReligionIn recent years, the Government has eased somewhat the harsheraspects of its repression of religious freedom. In 1991 itallowed religious adherents to join the Communist Party. InJuly 1992, it amended the Constitution to prohibit religiousdiscrimination and removed references to "scientificmaterialism," 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 betweenthe Government's rhetoric and actions. In late 1993, theGovernment harshly criticized the Catholic bishops' pastoralletter calling for national reconciliation and dialog.Despite legal changes, religious persecution continues. TheState prohibits members of the armed forces from allowinganyone in their household to observe religious practices. Itexempts elderly relatives only if their religious beliefs donot influence other family members and are not "damaging to therevolution."The Government continued to use the Penal Code to persecuteJehovah's Witnesses and, to a lesser extent, Seventh-DayAdventists. The CDR's monitor and often harass Jehovah'sWitnesses and Adventists because the Government considers themto be "active religious enemies of the revolution" for theirrefusal to accept obligatory military service or participate instate organizations. The CDR's also maintain surveillance overspiritualists (santeros) who give "consultations."The Government also harasses other churches. State securityagents arrested Eliecer Veguilla, executive member of theWestern Convention of Baptists, and Miguel Angel Leon, aBaptist minister in Cienfuegos province, in late January forcounterrevolutionary activities and enemy propaganda,respectively. Officials told Veguilla's family that he wasunder investigation because he had associated with Westerndiplomats. They released Veguilla after 2 months; butcontinued to hold Leon.The Government requires churches and other religious groups toregister with the provincial registry of associations of theCity of Havana and to obtain official recognition. TheGovernment prohibits construction of new churches, forcing manycongregations 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 religiousprocessions outside church grounds and denied churches accessto 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 RepatriationThe Government does not impose legal restrictions on domestictravel, except for persons found to be HIV-positive, whom itinitially restricts to sanitoriums for treatment and therapybefore conditionally releasing them to the community.The Government allows the majority of persons who qualify forimmigrant visas or refugee status to leave the country.However, the authorities delay or deny exit permits in certaincases, usually without explanation. Many of the denialsinvolve professionals who have tried to emigrate and whom theGovernment subsequently banned from working in theiroccupational field. The Government refuses permission toothers because it considers their cases sensitive for politicalor state security reasons. The Government also routinelydenies exit permits to young men approaching the age formilitary service, even when it has authorized the rest of thefamily to leave.Author Norberto Fuentes, denied an exit permit to attend aconference on Ernest Hemingway sponsored by the PEN AmericanCenter, undertook a much-publicized 22-day hunger strike beforethe Government allowed him to leave in September. TheGovernment allowed dissident poet Maria Elena Cruz Varela totravel to the United States in May to receive an award from aninternational organization, but it refused prominent humanrights advocate Elizardo Sanchez an exit visa in March toattend a conference in Spain because he criticized theGovernment's human rights record during a previous trip abroad.Until August, unauthorized departures by boat or raft werepunishable by fines and prison terms of from 6 months to3 years. On April 29, the Border Guard rammed and sank the"Olympia," a private vessel which had fled Cuba and was about25 nautical miles north of the coast of Camaguey. Three of the21 people on board drowned, including two 6-year-old children.The Border Guard detained 10 adult male passengers for4 months, using blackmail and threats in an unsuccessful effortto obtain declarations that the sinking had been accidental.At year's end, the 10 men still faced fines and possible prisonterms. The Government awarded medals and bicycles to themembers of the Border Guard responsible for the sinking.In a second such incident, on July 13, government vessels firedhigh-pressure water hoses at the tugboat Trece de Marzo in anattempt to prevent those aboard from fleeing Cuba. They thenrammed and sank the boat. An official government statementadmitted that there was a "collision" when the pursuing vesselsmaneuvered to intercept the Trece de Marzo, causing it tosink. The Border Guard rescued 31 people, but approximately40 others, including children, drowned. The Government ignoredthe Archbishop of Havana's call for a full investigation.The Government temporarily suspended its policy regardingunauthorized departures in August and allowed about 30,000Cubans to depart in privately owned boats and home-made rafts.The Government resumed its prohibition following the conclusionon September 9 of the U.S.-Cuba migration agreement, in whichit agreed to use "mainly persuasive methods" to prevent unsafedepartures. Criminal penalties for such departures were notreimposed. There have been no reports that the Government usedinhumane methods or physical force to stop the unsafe exodus byboat and raft. Under the terms of the accord, the Governmentagreed to accept voluntary returnees through normal diplomaticand consular channels. By year's end, 422 Cubans had returnedvoluntarily, but the Government had not agreed to a reliablemechanism that ensured swift return of all those who wished toreturn to Cuba.In August the Government eased restrictions on visits by, andrepatriation of, Cuban emigrants. Cubans who establishresidency abroad, and who are in possession of government-issued "permits to reside abroad," may travel to Cuba withoutvisas. Cuban emigrants now are able to return to live in Cuba,provided they did not engage in what the Government considersto be antigovernment activities while abroad. The Governmentfurther reduced the age of people eligible to travel abroadfrom 20 to 18 and extended the period for temporary stay abroadfrom 6 to 11 months.Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens have no legal right to change their government or toadvocate change. The Constitution proscribes any politicalorganization other than the Communist Party. A small group ofleaders select members of its highest governing bodies--thePolitburo and the Central Committee.The authorities tightly control all elections. In the 1993elections for the National Assembly, a candidacy commissioncomposed of representatives of party-controlled massorganizations screened every candidate. The authoritiesallowed only one candidate per seat. These procedures ensuredthat only government supporters would be on the ballot. Votershad only two options, either vote "yes" or leave the ballotblank. The Government forbids the formation of politicalparties, campaigning, and making campaign promises.The Government has ignored calls for democratic reform andlabeled activists who proposed them "worms" and traitors. Itrejects any change judged incompatible with the revolution, aswell as proposals by Cubans who seek nonviolent politicalchange. The Government has systematically retaliated againstthose who have peacefully sought political change.Government leadership positions continue to be dominated bymen. Although blacks and mulattoes make up over half thepopulation, they hold only 2 seats in the 26-member Politburo.There are very few women or minorities in policymakingpositions. There are three women on the Politburo; thecountry's first female provincial party secretary was notchosen until 1993.Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsThe Government does not recognize any domestic or internationalhuman rights group, nor permit them to function legally. Asnoted above, the Government subjects domestic human rightsadvocates to intense intimidation and repression. In violationof its own statutes, the Government refuses to considerapplications for legal recognition submitted by human rightsgroups. The main domestic human rights monitoring groups arethe Cuban Committee for Human Rights, the National Council forCivil Rights, the Human Rights Party of Cuba, and the CubanCommission for Human Rights and National Reconciliation. Thereare also various umbrella organizations that include a numberof smaller human rights groups.The Government has steadfastly rejected international humanrights monitoring. In 1991 Cuba's U.N. representative statedthat Cuba would not recognize the UNHRC mandate on Cuba andwould not cooperate with the Special Rapporteur, despite beinga UNHRC member. The Government's position remains unchanged.It consistently refused requests by the Special Rapporteur tovisit Cuba. However, the Government did allow a brief visit bythe U.N. High Commissioner for Human Rights from November 15 to19. He met with a range of government officials, includingPresident Castro, as well as 18 human rights activists. Hecharacterized his visit as the beginning of a dialog on humanrights and distinguished it from the investigatoryresponsibilities of the Special Rapporteur. The HighCommissioner reiterated his request that the Cuban Governmentpermit the Special Rapporteur to visit Cuba in compliance withhis U.N. mandate.Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusCuba is a multiracial society with a black and mixed racemajority. The Constitution forbids discrimination based onrace, sex, or national origin, although evidence suggests t
 (1996).iso/pc/mac/human_ri.ght/BMAP_80492.png){kind=link}
 (1996).iso/pc/mac/human_ri.ght/PATs.png){kind=link}